12574110, martin and dunn were not stand your ground cases Posted by ConcreteCharlie, Tue Sep-09-14 07:55 AM
the duty to retreat thing was not even a part of either defense. they could have mounted that defense in any state, even non-SYG states. so as much as the case exposed things like ALEC and that we should be fighting them, it's not just a matter of repealing SYG statutes in the 25 or so states that have them. i think it's more nuanced, more how we treat this particular type of affirmative defense (typically affirmative defenses are very challenging for criminal defense lawyers).
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