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Ahmaud Arbery murder case
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<blockquote data-quote="BonafideJacket" data-source="post: 720655" data-attributes="member: 1011"><p>Rabbit trail alert: I'm not up to speed on Georgia law specifically, but the first two situations would qualify under my understanding of "unlawful and forcibly" under the common law. "Unlawful" meaning without consent of the owner and "forcibly" carrying a very low threshold including moving some sort of obstacle out of the way, i.e. opening a door. Drunkenness or mistake would not be a defense as there is not an intent requirement for the castle doctrine to apply. Now someone wandering in through an open door may or may not qualify, but if the homeowner reasonably believes that individual entered unlawfully and forcibly, then it has a good chance of holding up, especially if the only contrary witness is now dead. Good discussion. I'd be interested to hear your son's thoughts.</p></blockquote><p></p>
[QUOTE="BonafideJacket, post: 720655, member: 1011"] Rabbit trail alert: I'm not up to speed on Georgia law specifically, but the first two situations would qualify under my understanding of "unlawful and forcibly" under the common law. "Unlawful" meaning without consent of the owner and "forcibly" carrying a very low threshold including moving some sort of obstacle out of the way, i.e. opening a door. Drunkenness or mistake would not be a defense as there is not an intent requirement for the castle doctrine to apply. Now someone wandering in through an open door may or may not qualify, but if the homeowner reasonably believes that individual entered unlawfully and forcibly, then it has a good chance of holding up, especially if the only contrary witness is now dead. Good discussion. I'd be interested to hear your son's thoughts. [/QUOTE]
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