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Location: Ohio, United States

Former school teacher, home educator, mother of three, and genealogist. Many graduate courses in education. Attorney and counselor at law.

Monday, February 19, 2007

The duty to retreat


While visiting another nice legal blog The Briefcase
earlier today, I noticed a case that I had not noticed before. In the Sixth District Decision of State v. Hopings a duty to retreat exists when the front door of a building leads to other apartment doors inside the building. So, when the defendant was not inside his own apartment door, but inside the main front door of a house, he had to return to his own door to be protected by the "no duty to retreat" self defense affirmative defense.

So, does this mean that any house that has been split up, and has common hallways or stairways does not afford an individual who lives in that house the protection of no "duty to retreat" at all unless they are behind their individual door?

What happens if it is a old-fashioned boarding house, where each boarder has their own room, but shares a common living room and kitchen? What about fraternity houses?

Although this case was only tangentially about the duty to retreat, the court included this element as portion of the affirmative defense of self-defense. The court stated that the accused must: (1) show that he was not at fault in creating the situation; (2) that he must possession a bona fide belief that he was in imminent danger of death or great bodily harm; (3) that the only means of escape was through the use of force; and (4) that he did not violate the duty to retreat or avoid the danger.

So, does simple "dissing" another person create a situation under which the affirmative defense of self defense would not apply?

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