Last I checked, while home plate is an unoccupied base, one can't safely occupy home plate. I guess a person could argue that a runner can temporarily for the purposes of touching home plate, temporarily occupy home plate...but I agree w/ other posters that a the unoccupied base rule doesn't apply here.
My follow up question for the board is what determines the balk in this sitch...let's assume FED/OBR in the stretch? FED/OBR Windup? Same sitch...two different pitcher positions. I'd love to see some demos of this exact sitch in a video...we see this quite often...the pitcher goes from the wind and R3 steals home...what constitutes a balk, what is a legal move?
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