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Response to LuckyTheDog (Reply #31)

Tue Jul 16, 2013, 07:48 PM

39. I think you've got it

The provision for the SYG immunity hearing should be looked at as a completely different provision for purposes of all this.

Self-defense law in FL, like the majority of states now, does not have a duty to retreat. And yes, that's the general self-defense law that applies no matter what the defendant chooses to do about the immunity hearing.

Generally, the duty to retreat would have come in close to the time he fired the weapon. The old law would have said that before the defendant used deadly force he had to take reasonable measures to retreat if he could. IMHO, I think the legal reasoning in that situation would have been that a person who was pinned down with his head being hit into concrete would not reasonably be expected to retreat so it probably wouldn't have been a relevant point of dispute. (I'm not saying anything at all about this case. I'm just saying that in a hypothetical in which the facts weren't in dispute, that would be the legal reasoning.)

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LuckyTheDog Jul 2013 OP
SugarShack Jul 2013 #1
blm Jul 2013 #2
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Historic NY Jul 2013 #6
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blm Jul 2013 #13
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blm Jul 2013 #47
LuckyTheDog Jul 2013 #17
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LuckyTheDog Jul 2013 #27
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DirkGently Jul 2013 #46
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cthulu2016 Jul 2013 #11
LuckyTheDog Jul 2013 #16
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LuckyTheDog Jul 2013 #22
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COLGATE4 Jul 2013 #23
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COLGATE4 Jul 2013 #26
LuckyTheDog Jul 2013 #28
DirkGently Jul 2013 #40
ctaylors6 Jul 2013 #29
LuckyTheDog Jul 2013 #31
LineLineLineReply I think you've got it
ctaylors6 Jul 2013 #39
X_Digger Jul 2013 #42
LuckyTheDog Jul 2013 #51
X_Digger Jul 2013 #56
DirkGently Jul 2013 #32
LuckyTheDog Jul 2013 #35
DirkGently Jul 2013 #43
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Lurks Often Jul 2013 #45
LittleBlue Jul 2013 #37
Decoy of Fenris Jul 2013 #38
DirkGently Jul 2013 #41
BootinUp Jul 2013 #48
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