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Old May 13, 2012, 12:32 PM   #10
animal
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Join Date: April 28, 2000
Location: Mississippi
Posts: 705
IMO, there are several things about this case that smell funny. I consider the garage as part of the living space of the home (especially when the wife is ticked-off). I’m assuming there would be no difference between going to a closed garage and any other room the house. Leaving the room where the confrontation occurred was the sticking point.

Castle doctrine doesn’t apply when both parties have a right to be in the castle… And … Stand your ground applies inside the house with respect to those having a right to be there … but … each separate area of the house becomes "different ground". Stand your ground doesn’t apply if you’re advancing, only defending … so … she needs a legally justified reason to advance.
The warning shot was a stupid move, and carries a stupidly high sentence, but doesn’t enter the argument for/against justification.

Why the claim of advancing to defend the kids was apparently not made is curious… I suspect th+ere’s a lot more to the domestic side of the story than has been reported. Also suspect the kids might contradict that story.
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