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State v. Marquardt

Supreme Court of Minnesota
Feb 23, 1993
496 N.W.2d 806 (Minn. 1993)

Summary

stating that jury instructions on self-defense should have been modified to fit the contentions of the parties

Summary of this case from State v. Edwards

Opinion

No. C5-92-985.

February 23, 1993.

Appeal from the District Court, Swift County, Keith C. Davison, J.


ORDER

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that the petition of Chadwick Phaen Marquardt for further review of the court of appeals' decision affirming his conviction of felony murder be, and the same is, denied. Petitioner was charged both with intentional murder and felony murder. He claimed self-defense. CRIMJIG 7.05, as worded, is appropriate when the defendant claims he killed intentionally but in self-defense. However, it contains language ("the killing must have been done in the belief that it was necessary to avert death or great bodily harm") which is inappropriate if the defendant claims, e.g., that he intentionally stabbed the victim in self-defense but without intending to kill the victim. We have said before that trial courts must use analytical precision in drafting instructions on self-defense and should modify CRIMJIG 7.05 if necessary or give the more general 7.06. See, e.g., State v. Sanders, 376 N.W.2d 196, 201 (Minn. 1985), and State v. Edwards, 343 N.W.2d 269, 277 (Minn. 1984). Petitioner's trial attorney did not object to the giving of CRIMJIG 7.05 or request that it be modified or that the more general CRIMJIG 7.06 be given. Nonetheless, we would grant petitioner a new trial if we believed that petitioner was prejudiced as a result of the giving of CRIMJIG 7.05. State v. Malaski, 330 N.W.2d 447 (Minn. 1983). Here, the record fails to support the argument that the giving of the potentially misleading instruction prejudiced petitioner.

The quoted language improperly implies that the defendant must believe it necessary to kill in order for the killing to be justified. The Committee on Criminal Jury Instruction Guides of the Minnesota District Judges Association may want to reconsider CRIMJIG 7.05 in light of this case and in light of the prior cases in which trial courts have inappropriately used CRIMJIG 7.05.


Summaries of

State v. Marquardt

Supreme Court of Minnesota
Feb 23, 1993
496 N.W.2d 806 (Minn. 1993)

stating that jury instructions on self-defense should have been modified to fit the contentions of the parties

Summary of this case from State v. Edwards

In State v. Marquardt, 496 N.W.2d 806, order denying petition for review (Minn. 1993), aff'g State v. Marquardt, No. C5-92-985 (Minn.App. Jan. 5, 1993) (unpublished opinion), we said that even where death has resulted from a defendant's action, the judge should use CRIMJIG 7.06 if the defendant's theory does not include a concession that there was an intent to kill.

Summary of this case from State v. Dolbeare

noting that the general self-defense instruction should be given, or the justifiable-taking-of-life instruction modified, if the defendant claims that he did not intend to kill the victim

Summary of this case from State v. Pollard

In Marquardt, the supreme court held that the language in CRIMJIG 7.05 that "the killing must have been done in the belief that it was necessary to avert death or great bodily harm" improperly implies that the defendant must believe it necessary to kill in order for the killing to be justified and is therefore "inappropriate if the defendant claims, e.g., that he intentionally stabbed the victim in self-defense but without intending to kill the victim."

Summary of this case from State v. Edinburgh

noting that use of language like "killing" is inappropriate where defendant claims death was unintentional

Summary of this case from State v. Carter
Case details for

State v. Marquardt

Case Details

Full title:STATE of Minnesota, Respondent, v. Chadwick Phaen MARQUARDT, Appellant

Court:Supreme Court of Minnesota

Date published: Feb 23, 1993

Citations

496 N.W.2d 806 (Minn. 1993)

Citing Cases

State v. Hare

1984). Likewise, in State v. Marquardt, this court made it clear that if a defendant claims that he…

State v. Chosa

The supreme court has observed that if, as is the case here, a defendant claims that he intentionally acted…