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As J/R describes CI (chapter 14), the batter must do something besides stand there and take the pitch. The two examples provided have the batter either "striding" but not swinging, or "partially squared" to bunt.
As described in the OP, the batter is confused and does not attempt to swing. But if he moves at all, I'm getting CI here. The only way I'd ignore this infraction would be if the batter was taking all the way. The benefit of the doubt goes to the batter in this case.
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Cheers,
mb
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