mnottertail
Posts: 60698
Joined: 11/3/2004 Status: offline
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quote:
ORIGINAL: Raiikun quote:
ORIGINAL: mnottertail I am still waiting on the appellate court citation, btw. From Jenkins vs State of Florida, 2006 "Further, it was only upon the occurrence of this attack that any “duty to retreat” arose. The State failed to present evidence, however, that Mr. Jenkins could have reasonably retreated from this fight once it began. The State's witnesses testified that during this brief moment in time, there was no reasonable opportunity to retreat. Rather, the eyewitnesses saw Mr. Jenkins “wobbled” and his knees “buckled,” and testified that Mr. Jenkins had no time to retreat before Mr. Cerezo charged at him a second time.6 It was only at this point-faced with a serious aggressor and no avenue of retreat-that Mr. Jenkins pulled out his knife." The court ruled that "wobbling and buckled knees" was sufficient to have no avenue of retreat. Thus, being on the ground while attacked certainly meets that too. quote:
The State's witnesses testified that during this brief moment in time, there was no reasonable opportunity to retreat. Rather, the eyewitnesses saw Mr. Jenkins “wobbled” and his knees “buckled,” and testified that Mr. Jenkins had no time to retreat before Mr. Cerezo Disingenuous asswipe. No wonder the case was not cited with a link. Totally different circumstance and totally different standards applied: http://www.2dca.org/opinion/October%2011,%202006/2D05-1780.pdf
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Have they not divided the prey; to every man a damsel or two? Judges 5:30
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