no duty to retreat

[sidearm1]

Does anyone have any more information on what the Nebraska Court of Appeals ruled on dealing with no duty to retreat?  They stated that the person who killed another person in his house did not have a duty to retreat when the agressor was a resident of the house.  The district court said that the duty only counted when the agressor was not a household member.  The person is currently serving a 50 year sentence.

[Dan W]

We also conclude that the majority rule is the more reasoned approach. We conclude that when one is attacked within one’s dwelling, the right to defend oneself and the privilege of nonretreat should apply equally, regardless of whether the attacker is a cohabitant or an unlawful entrant. Such a rule leads to more uniform application than a rule that requires distinctions about the lawful or unlawful status of an attacking occupant.

http://www.supremecourt.ne.gov/opinions/2012/august/aug21/a11-515.pdf

[SemperFiGuy]

Reference:  NE Statute 28-1409

This much will get you started:

(i) The actor shall not be obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be;

Mentions co-worker, but not co-resident.

You can view the whole of the statute here:  nebraskalegislature.gov/laws/browse-statutes.php.
You will need to read the whole statute to get a fuller sense of the NE "duty to retreat" statutory requirement.

And then search some relevant case law.


sfg