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Montana ‘stand your ground’ killer sentenced to 70 years
Daily News ^ | 2/13/15 | Doyle Murphy

Posted on 02/13/2015 8:36:34 AM PST by Oliviaforever

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To: ek_hornbeck
"Trespass and theft are not legal grounds for use of lethal force in any state, even if the "bait" issue doesn't apply. You have to make a plausible case that you felt your life at risk when you shoot somebody in alleged self-defense."

To clarify, there are various jurisdictions that allow the use of deadly force in various circumstances *other than self-defense*.

But a claim of self-defense does require, among other things, that you have a reasonable fear of death or great bodily harm. If you don't then it's not self-defense, although it's possible in some places, in some circumstances, it might be justified.

181 posted on 02/13/2015 3:26:35 PM PST by mlo
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To: Oliviaforever

Without plowing through all 181 posts so far (I got up to 80), here’s where I think the guy went over the line: “and then reloaded for the fatal headshot,”. The article wasn’t clear - I’m basing these comments on the assumption (I know, I know) that Dede wounded and unable to escape.

Up until then, IMO, Kaarma had every right to lay in wait for the perp and take action. Once Dede was disabled, finishing him off with a head shot was overkill (no pun intended).

Telling people you are going to shoot/kill someone before hand doesn’t help either.


182 posted on 02/13/2015 5:08:20 PM PST by Oatka (This is America. Assimilate or evaporate.)
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To: mlo

Are you saying Texas’ written law is incorrect?


183 posted on 02/14/2015 9:31:30 AM PST by WayneS (Don't blame me, I voted for Kodos.)
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To: mlo

Again, that is NOT the way Texas defines self defense.


184 posted on 02/14/2015 9:32:59 AM PST by WayneS (Don't blame me, I voted for Kodos.)
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To: fwdude

Well, I’ve never committed a burglary, so I’m not worried about getting shot for committing one.

I have trespassed, and made illegal lane changes. Hence, I would not want to be shot for doing those things.


185 posted on 02/15/2015 7:09:45 AM PST by CharlesWayneCT
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To: WayneS
"Again, that is NOT the way Texas defines self defense."

Again, you aren't reading what I'm saying. Texas law allows the use of deadly force in some situations that are not self-defense. I wasn't addressing those.

186 posted on 02/16/2015 2:58:49 PM PST by mlo
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To: Drew68

It’s not burglary if the perp is invited in .


187 posted on 02/16/2015 3:06:47 PM PST by Labyrinthos
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To: ek_hornbeck

“Trespass and theft are not legal grounds for use of lethal force in any state...”

In Washington state, you can use lethal force to prevent a felony against you or anyone else (neighbor, stanger, etc.) Includes felony theft. And includes shooting them in the back as they are fleeing with your stuff. Not saying that is what I neccesarily would do in all circumstances, but that is the law.

Even so, with this guy in the garage that was open (no “breaking and entering”), it was dark, the homeowner was firing blindly, so he didn’t know if the guy was in there to steal something valuable or a 6-pack of beer. (A 6-pack wouldn’t amount to a felony).


188 posted on 02/16/2015 3:08:10 PM PST by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts 2013 is 1933 REBORN)
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To: Oliviaforever

There is a difference between laying a trap and pre-meditated murder. This is flat out murder and justice was served.


189 posted on 02/16/2015 3:17:15 PM PST by KC_Conspirator
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To: mlo

No, I read and understood exactly what you wrote - you just happen to be wrong. The problem appears to be that you are failing to recognize Texas’ definition of self defense - their legal definition, NOT your personal definition of the word.

I suggest you pay a little more attention to what other people are saying, instead of simply looking for reasons to try to tell them they are wrong.


190 posted on 02/16/2015 4:58:36 PM PST by WayneS (Don't blame me, I voted for Kodos.)
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