Quote Originally Posted by Anonymous D View Post
We dont have the duty to retreat law in Louisiana. We have the "stand your ground" law here.

Plus the duty to retreat law is very broad. Alot of judges find that there is no duty to retreat when in a place you have the right to be. Such as your own home, or public property. And if you didnt have the right to be there, then you have a whole other set of problems.

Again, that is just a judges interpretation. Who knows how your judge will see it, but Im sure you have heard the old saying. Better to be judged by twelve, than carried by six.
Yeah, obviously what I said only applies in duty-to-retreat states; you're fortunate to live in a stand-your-ground state. And obviously even if you were in a duty-to-retreat state, you'd have no duty to retreat in your own home (I'm pretty sure that all duty-to-retreat states have that proviso). But when it comes to public property such as streets, sidewalks, parks, etc., I'm not aware of any precedent about waiving duty to retreat. If you don't have a duty to retreat when attacked in the street, then where WOULD you have such a duty? Only in places where you "have no right to be"? If you are aware of some case law supporting this assertion, I'd like to see it, but I'm pretty sure there isn't much. Because you have a "right to be" almost any place that isn't either posted private property, or off-limits government property. Generally your duty to retreat is waived only in your home, and sometimes in your car or workplace.

Anyhow, what I was saying is that just because you are being approached by your attacker doesn't mean the duty to retreat (assuming one exists in the first place) is waived, because the whole point of retreat is to get away from someone who is coming at you.

But yes, at the end of it all, there is a lot of merit in that old saying.