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by Charles L. Cotton
Thu Nov 25, 2010 5:50 pm
Forum: The Crime Blotter
Topic: Castle Doctrine fail
Replies: 9
Views: 2026

Re: Castle Doctrine fail

Beiruty wrote:Castle did not help maybe the dead nevervtrief to enter the shooter house nor the life of the shooter was in danger to justify deadky force.
I agreed. From the report, it doesn't appear the deceased "attempted to enter unlawfully and with force" as required to trigger the presumption that the defendant reasonably believed deadly force was immediately necessary. Since the presumption wasn't available, she had to prove she reasonably believed deadly force was immediately necessary and I don't see evidence of that in this short report.

Chas.

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