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To: Beagle8U
The reason Zimmerman has no duty to retreat under his circumstance is that he cannot retreat. He is being restrained despite efforts to free himself. "Retreat" is not available to him, at that point. Even if there was a duty to retreat (there isn't), he would not have to overcome a contention that he had an opportunity to retreat and did not take it.

When O'Mara says "Stand your Ground" applies, he means that Zimmerman is entitled to assert the immunity statute that is bundled in the set of statutes that, as a group, is referred to as "Stand your Ground."

58 posted on 08/09/2012 2:23:08 PM PDT by Cboldt
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To: Cboldt
The reason Zimmerman has no duty to retreat under his circumstance is that he cannot retreat. He is being restrained despite efforts to free himself. "Retreat" is not available to him, at that point. Even if there was a duty to retreat (there isn't), he would not have to overcome a contention that he had an opportunity to retreat and did not take it.

I think this can be easily overcome. Just before he was restrained, Zim reported that Trayvon approached him and said something like "You got a problem". Zim chose to respond instead of running away. Then, when Trayvon lunged at him and said "well you do now", again, Zim tried (unsuccessfully) an unarmed defense of this assault rather than running.
60 posted on 08/09/2012 11:53:04 PM PDT by zencycler
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To: Cboldt

SYG is why there is no duty to retreat, even if the option to do so is available.

Just because he didn’t even have that option doesn’t mean SYG doesn’t apply.

You still haven’t explained why you think that?


61 posted on 08/10/2012 3:52:41 AM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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