Archive for the ‘George Zimmerman’ Category

Man who shot at George Zimmerman says judge made errors in sentencing – MyPalmBeachPost

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

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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.

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

Florida law shifts burden of proof in ‘stand your ground’ – News Talk Florida

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

Florida law shifts burden of proof in ‘stand your ground’ – WTOP

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' - WTOP

Man who shot at George Zimmerman files motion claiming judge made errors in sentencing – WFTV Orlando

by: Jeff Levkulich Updated: Jun 9, 2017 - 7:43 PM

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

Matthew Apperson filed a motion 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 count three, which is aggravated assault with a firearm.

Even if he 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 behind bars in October on a charge of second-degree attempted murder stemming from a 2015 road rage incident with Zimmerman on Lake Mary Boulevard.

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," said WFTV legal analyst Bill Sheaffer.

Sheaffer said that even if the judge corrects Apperson's sentencing guidelines on counts two and three, 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.

Sheaffer added that if Apperson hits a home run with his legal hurdles, he could knock a year and a half off his sentence for the lesser charges.

The case is still pending.

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Man who shot at George Zimmerman files motion claiming judge made errors in sentencing - WFTV Orlando

Florida governor signs bolstered ‘stand your ground’ law – Reuters

FORT LAUDERDALE, Fla. Florida Governor Rick Scott signed amended "stand your ground" legislation on Friday, making it easier for defendants in the state to successfully claim they were protecting themselves when they commit violence.

Previously, the law required defendants to prove that they were using force in self-defense. The new law shifts the burden of proof in pretrial hearings to prosecutors, rather than defendants, to prove whether force was used lawfully.

Supporters of stand your ground laws, including the National Rifle Association, the powerful U.S. gun lobby, see the legislation as bolstering civilians' right to protect themselves.

Florida's self-defense law was initially passed in 2005, and inspired similar laws in other states. It removes the legal responsibility to retreat from a dangerous situation and allows the use of deadly force when a person feels greatly threatened.

Opponents have said the amended law will embolden gun owners to shoot first, citing the 2012 death of unarmed black teenager Trayvon Martin in the Orlando area, which spurred national protests and the Black Lives Matter movement.

The neighborhood watchman who killed him, George Zimmerman, was acquitted of murder after the state's stand your ground law was included in jury instructions.

Scott, a Republican, signed the amended legislation into law along with a spate of other measures passed this week in a special session of the state's legislature. The measure was largely passed by party-line vote in the legislature.

(Reporting by Bernie Woodall in Fort Lauderdale, Fla.; Editing by Patrick Enright and Lisa Shumaker)

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Florida governor signs bolstered 'stand your ground' law - Reuters