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<blockquote data-quote="Shadowrider" data-source="post: 4251388" data-attributes="member: 3099">It&#039;s almost as if &quot;Stand your ground&quot; only means &quot;in the case you can&#039;t possibly run&quot;.The case cited in the Motion to Dismiss was Allen v. State: 1994That case was an entirely different scenario where the charge of murder was clearly laid on the aggressor of the event. This case is in the reverse. I don&#039;t think this one was 1st degree murder, but a lesser charge was probably appropriate. It&#039;s going to depend on what actually happened outside the car and we don&#039;t know what occurred yet. If there were fisticuffs going on I just don&#039;t see murder in light of the fact that the defendant didn&#039;t start it, and he was 20 years older and far less capable than the decedent.<a href="https://law.justia.com/cases/oklahoma/court-of-appeals-criminal/1994/11496.html" target="_blank">https://law.justia.com/cases/oklahoma/court-of-appeals-criminal/1994/11496.html</a>But then again, nobody cares what I think and I suspect that Mr. Kottke&#039;s goose is cooked.I found this. Emphasis mine:</blockquote>

[QUOTE="Shadowrider, post: 4251388, member: 3099"] It's almost as if "Stand your ground" only means [I]"in the case you can't possibly run"[/I]. The case cited in the Motion to Dismiss was Allen v. State: 1994 That case was an entirely different scenario where the charge of murder was clearly laid on the aggressor of the event. This case is in the reverse. I don't think this one was 1st degree murder, but a lesser charge was probably appropriate. It's going to depend on what actually happened outside the car and we don't know what occurred yet. If there were fisticuffs going on I just don't see murder in light of the fact that the defendant didn't start it, and he was 20 years older and far less capable than the decedent. [URL]https://law.justia.com/cases/oklahoma/court-of-appeals-criminal/1994/11496.html[/URL] But then again, nobody cares what I think and I suspect that Mr. Kottke's goose is cooked. I found this. Emphasis mine: [/QUOTE]

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