Base missed when retreating, then ball out of play

[kopan99]

Almost happened in a NFHS game here in PA:

Runner on first, batter hits drive to gap; runner takes off and rounds well past second, but the ball is caught and the runner fails to retouch second on his way back to first; the fielder tries to double up the runner at first but throws the ball out of play. The runner is awarded third, so he touches second on his way to third.

I know that you can't return to touch a previous base missed or left early once you have reached a succeeding base if the ball goes out of play.

I am 90% sure that even though the runner touches second on his way to the awarded third base, that the defense may still successfully appeal the base missed while the runner was retreating. But, I cannot find any references in the NFHS case book. Anyone know of any other applicable case interpretations?

Now, what if the throw DID NOT go out of play and the runner re-advances on the wild throw. He is now on second again during a live ball. Since he is occupying (and re-touching) the missed base, can this be successfully appealed.

[mbyron]

The principle you need is called "last time by." When runners are passing a base, they are liable for not touching the base unless they touch it on their last time by. FED implicitly recognizes this principle in, for example 8.2.1C.

So, in your play 1, R1 fails to touch 2B on his way back to retouch 1B and the ball goes out of play. Provided he retouches 1B and touches 2B on his way to 3B for the award, he cannot be called out on appeal. Failing either one, I would wait to hear the appeal until after the award and then rule the batter out upon a proper appeal. The case is complicated by the possibility of both a retouch appeal and a missed-base appeal.

In your play 2, R1 still needs to retouch 1B due to the caught fly ball. If he can do that and still end up on 2B, his missing 2B on the way to retouch 1B is ignored.

In both cases, your R1 would have fulfilled his base-running responsibilities by touching 2B on the last time by.