When "Imminence" Does Not Mean "Immediate"

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."

How can this be? Join me LIVE on Thursday March, 30, Noon ET to discuss!

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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