Self Defense “Duty to Retreat” Extends to Common Hallways of Secure Apartment Building

State v. Devens, Minn.S.Ct., 8/20/2014.  At about midnight, Mr. Devens heard loud noises coming from the hallway of his secured apartment building.  Mr. Devens went out to see what all the commotion was about and found J.P. down at the end of the hall.  Mr. Devens went down to J.P.’s location and asked him to leave.  After some hesitation, J.P. agreed to the request.  However, as the two were walking to the exit Mr. Devens surmised from J.P’.’s attempt to punch him that J.P. had developed second thoughts about leaving.  J.P., not surprisingly, said that Mr. Devens had started the fight.

The state sided with J.P. and charged Mr. Devens with assault in the first and third degree.  The court dismissed the first degree charge for lack of probable cause but the jury convicted Mr. Devens of third degree assault, rejecting his claim of self defense.

Over objection, the trial court instructed the jury that Mr. Devens had a duty to retreat if reasonably possible.  Mr. Devens said, wait a minute.  I’m in my own “home” – a secured apartment building – and so I don’t  have any duty to retreat.  Justice Lillehaug, for the entire court, says that he does.  Although one’s “home” is one’s “castle” the hallways of one’s “home” – the actual apartment to which you have exclusive right of control (with some landlord exceptions not pertinent) – are not one’s “home”.  The court said that the key to determining whether a particular location is part of one’s home for self defense purposes is the extent to which that individual exercises exclusive possession and control over the area in question.  Because that exclusive possession and control did not include the common hallways, the duty to retreat remained intact.  It apparently did not matter at all that the hallway was not open to the public and was supposed to be secure.