[Eugene Volokh] Duty to Retreat from One's Home, When Attacked by a Cohabitant?

Wyoming is one of the few Western states that recognizes a "duty to retreat" — i.e., provides that people lose their rights to deadly self-defense when they can avoid the threat to life or limb with perfect safety by fleeing. But there's an exception to the "duty to retreat" called the "castle doctrine": Even in duty-to-retreat states, people need not retreat if they are assaulted in their own homes. (All this assumes, by the way, defenders who aren't at fault in the original attack, and are where they have a right to be.) Now some duty-to-retreat states recognize an exception to the exception: When people are attacked in their own homes by cohabitants who share the same homes, the castle doctrine doesn't apply, and the duty to retreat kicks back in. In last week's Widdison v. State, the Wyoming Supreme Court held that the castle doctrine does apply (and thus the duty to retreat does not apply) in such a situation: The…

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