Law of Self Defense

When "Imminence" Does Not Mean "Immediate"

March 31, 2023 Attorney Andrew F. Branca
Law of Self Defense
When "Imminence" Does Not Mean "Immediate"
Show Notes

On March 5, 2020 Stephanie Clark, mother of a 5-year-old, found herself once again subject to violent domestic abuse by her live-in boyfriend. After inflicting serious physical and mental abuse for some time, the boyfriend threatened to break Clark's ribs after she had fallen asleep.

Clark retrieved a gun, shot the boyfriend once, then retrieved a second gun and shot him again. He would die of his injuries.

The next day, March 6, Minnesota Attorney General Keith Ellison charged Clark with second-degree murder. Clark raised the legal defense of self-defense.

At trial, the jury interrupted deliberations to ask the judge for clarification on what was meant by the legal term "imminent," a required element of self-defense.  The judge responded that "imminent" meant "immediate." The jury then convicted Clark as charged.

This past Monday a MN court of appeals reversed Clark's conviction, holding that "immediate" was too narrow a definition of "imminent."  

Minnesotta v. Clark:  
https://lawofselfdefense.com/law_case/state-v-clark-2023-minn-app-unpub-lexis-225-mn-supreme-court-2023/

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