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Florida Gov. Rick Scott (R) has signed into law a strengthened version of the famous "stand your ground" law that was cited in the jury instructions in the 2012 trial for the shooting death of unarmed black teenager Trayvon Martin that eventually acquitted neighborhood watch volunteer George Zimmerman.

The previous version of Florida's law, signed in 2005, required defendants to prove that they had used force in self defense. The version signed into law Friday shifts that burden to prosecutors, who now must prove that a "stand your ground" defense is not applicable, according to Reuters.

The bill passed largely among party lines. Democrats and critics of the bill worry it will embolden gun owners to shoot first. The 2005 law and subsequent efforts in other states have been supported by the National Rifle Association, which call the laws important for protecting the right for citizens to protect themselves.

The most recent state to install a "stand your ground" law is Iowa, whose former governor Terry Branstad (R)signed into law in April a sweeping expansion of gun rights in the state, which included a "stand your ground" provision.

In 2012, Rep. Frederica WilsonFrederica WilsonFlorida governor signs strengthened 'stand your ground' bill into law Dem: Trump needs psychological help A guide to the committees: House MORE (D-Fla.), who represents Trayvon Martin's district, offered a bill calling for the repeal of "stand your ground" laws nationwide. The bill quickly died in the GOP-controlled House.

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Florida governor signs strengthened 'stand your ground' bill into law - The Hill

The man convicted last year of trying to kill George Zimmerman will be back in a Florida courtroom next week.

>> Read more trending news

Matthew Apperson filed a motion in Seminole County, asking the judge to correct errors he claims were made with the sentence he received.

The motion asks the judge to correct the sentence on the count for aggravated assault with a firearm.

Even if Apperson wins, it will have no effect on his prison sentence unless his case is overturned on appeal.

Apperson was sentenced to a minimum of 20 years in prison in October on a charge of second-degree attempted murder stemming from a 2015 road rage incident with Zimmerman.

Apperson claimed throughout the trial that he was defending himself. He is also serving 15 years on a charge of shooting into an occupied vehicle and aggravated assault with a firearm.

According to a 77-page motion, Apperson accused the court of sentencing errors in regard to those two charges.

"It's important in any prosecution that the court gets it right," WFTV legal analyst Bill Sheaffer said.

Sheaffer said that even if the judge corrects Apperson's sentencing guidelines, it will have little impact on his overall sentencing, because his sentences are running concurrently.

"The only way this is going to make any difference is if he wins his appeal on the attempted murder charge. Otherwise he is going to be serving that mandatory 20-year sentence on that charge," Sheaffer said.

The case is still pending.

The rest is here:
Man who shot at George Zimmerman says judge made errors in sentencing - MyStatesman.com

Published time: 11 Jun, 2017 14:55 Edited time: 12 Jun, 2017 06:43

Florida has passed legislation that strengthens the controversial stand your ground law which was central to jury deliberations during the trial of Trayvon Martins killer, George Zimmerman.

The new law places the burden of proof in stand your ground pretrial hearings on prosecutors, who must now show a stand your ground defense is not applicable.

It was previously up to defendants to prove their use of force was legitimate but now prosecutors must show beyond a reasonable doubt that defendants were not acting in self defense.

READ MORE: Media access to Florida Stand Your Ground details could be drastically reduced

Republican Gov. Rick Scott signed SB 128 on Friday. Scott is supported by the National Rifle Association (NRA), which gave him an A rating and celebrated the passing of the law, saying it restores the presumption of innocence in self-defense cases by putting the burden of proof BACK ON THE STATE where it belongs.

Trayvon Martin, an unarmed black teenager, was shot dead by George Zimmerman in 2012. During Zimmerman's trial, the jury were told about the stand your ground law, which cites the right to stand your ground and defend yourself.

The 2005 law allows defendants to claim self-defense in situations where they say they feel their lives are in danger. It removes the legal responsibility to retreat from a dangerous situation and allows the use of deadly force when threatened.

Zimmerman was not arrested immediately after he killed Martin as a result of the law, but was later charged after national outcry and the appointment of a special prosecutor to the case. Zimmerman was acquitted of subsequent charges in court, sparking fierce debate about the legitimacy of the stand your ground defense.

A task force was set up to review the stand your ground law, but efforts to repeal it were struck down by a Republican-controlled House in 2013.

Critics of the bill cited concerns that it would make gun owners more likely to shoot first and ask questions later.

The National Rifle Association supported the earlier 2005 stand your ground law, saying such laws are important for defending citizens rights to protect themselves.

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Florida strengthens 'stand your ground' rule used in Trayvon Martin case - RT

The man convicted last year of trying to kill George Zimmerman will be back in a Florida courtroom next week.

>> Read more trending news

Matthew Apperson filed a motion in Seminole County, asking the judge to correct errors he claims were made with the sentence he received.

The motion asks the judge to correct the sentence on the count for aggravated assault with a firearm.

Even if Apperson wins, it will have no effect on his prison sentence unless his case is overturned on appeal.

Apperson was sentenced to a minimum of 20 years in prison in October on a charge of second-degree attempted murder stemming from a 2015 road rage incident with Zimmerman.

Apperson claimed throughout the trial that he was defending himself. He is also serving 15 years on a charge of shooting into an occupied vehicle and aggravated assault with a firearm.

According to a 77-page motion, Apperson accused the court of sentencing errors in regard to those two charges.

"It's important in any prosecution that the court gets it right," WFTV legal analyst Bill Sheaffer said.

Sheaffer said that even if the judge corrects Apperson's sentencing guidelines, it will have little impact on his overall sentencing, because his sentences are running concurrently.

"The only way this is going to make any difference is if he wins his appeal on the attempted murder charge. Otherwise he is going to be serving that mandatory 20-year sentence on that charge," Sheaffer said.

The case is still pending.

Continued here:
Man who shot at George Zimmerman says judge made errors in sentencing - MyPalmBeachPost

TALLAHASSEE, Fla. (AP) Florida became the first state with a law that spells out that prosecutors, and not defendants, have the burden of proof in pretrial stand your ground hearings when Republican Gov. Rick Scott signed a bill Friday.

The measure was among 16 bills that Scott signed, including a bill that gives students and school employees a broader right to express their religious viewpoint in schools.

The stand your ground bill was fought by prosecutors who say it will make their job more difficult to convict people who commit acts of violence and claim self-defense.

The Florida Supreme Court ruled in 2015 that defendants have to prove in pretrial hearings that they were defending themselves in order to avoid prosecution on charges for a violent act.

That led Republicans to seek to shift that burden. They argued that it protects a defendants constitutional right that presumes they are innocent until proven guilty. But opponents said it will embolden people to shoot to kill, and then claim self-defense knowing that the only witness against them can no longer testify.

Only four of the other 21 states with stand your ground laws mention burden of proof Alabama, Colorado, Georgia and South Carolina and all place it on defendants.

Many states have long invoked the castle doctrine, allowing people to use deadly force to defend themselves in their own homes.

Florida changed that in 2005, so that even outside a home, a person has no duty to retreat and can stand his or her ground anywhere they are legally allowed to be. Other states followed suit, and stand your ground defenses became much more common in pre-trial immunity hearings and during trials.

The 2012 killing of unarmed teenager Trayvon Martin by neighborhood watch volunteer George Zimmerman opened a debate about the limits of self-defense, and it hasnt let up since Zimmerman was acquitted of second-degree murder after jurors received instructions on Floridas stand your ground law.

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Florida law shifts burden of proof in 'stand your ground' - News Talk Florida