State v. White

The question presented in this case was whether a person can burglarize his or her own home. Plaintiff was charged with burglary while in possession of a firearm and murder with the use of a deadly weapon for entering the home he owned and previously shared with his estranged wife and fatally shooting his wife. The district court ultimately dismissed the burglary charge, finding that one cannot legally burglarize his or her own home where there is no legal impediment or restraining order of some sort otherwise limiting the ability of the owner to access his or her own property. The Supreme Court affirmed, holding that a person cannot commit burglary of a home when he or she has an absolute right to enter the home. View "State v. White" on Justia Law