12-21-2013, 09:00 PM
I looked up Michigan's Castle Doctrine Here.
It states "The individual against whom deadly force or force other than deadly force is used is in the process of breaking and entering a dwelling or business premises or committing home invasion or has broken and entered a dwelling or business premises or committed home invasion and is still present in the dwelling or business premises, or is unlawfully attempting to remove another individual from a dwelling, business premises, or occupied vehicle against his or her will."
Wafer's attorney may be advising him that the jury will accept his porch as his home, that Renisha was guilty of B&E so the Castle Doctrine will apply.
The problem I see for both sides is convincing a jury what constitutes a person's "home". I don't believe that an open air (I may be making an assumption here-but there was a screen door between the porch and the front door) front porch is your "home" or someone stepping onto it is B&E or a home invasion. However, others may feel differently and consider any physical part of the house as the "home".
IMO Wafer has a chance to walk if the jury considers his porch as his home and his attorney's can convince the jury that Wafer felt he was in danger of great bodily harm.
It states "The individual against whom deadly force or force other than deadly force is used is in the process of breaking and entering a dwelling or business premises or committing home invasion or has broken and entered a dwelling or business premises or committed home invasion and is still present in the dwelling or business premises, or is unlawfully attempting to remove another individual from a dwelling, business premises, or occupied vehicle against his or her will."
Wafer's attorney may be advising him that the jury will accept his porch as his home, that Renisha was guilty of B&E so the Castle Doctrine will apply.
The problem I see for both sides is convincing a jury what constitutes a person's "home". I don't believe that an open air (I may be making an assumption here-but there was a screen door between the porch and the front door) front porch is your "home" or someone stepping onto it is B&E or a home invasion. However, others may feel differently and consider any physical part of the house as the "home".
IMO Wafer has a chance to walk if the jury considers his porch as his home and his attorney's can convince the jury that Wafer felt he was in danger of great bodily harm.