Mediaboss Marketing

Thursday, February 23, 9:50 AM EST

By Jim Turner, The News Service of Florida

The House Criminal Justice Subcommittee, voted 9-4 along party lines Wednesday to approve the National Rifle Association-backed measure (HB 245), which would shift the burden of proof from defendants to prosecutors during pretrial hearings in stand your ground cases.

The bill, sponsored by Rep. Bobby Payne, R-Palatka, and Rep. Jason Fischer, R-Jacksonville, only has to clear the Judiciary Committee before reaching the House floor during the annual legislative session that starts March 7.

A Senate version (SB 128) has cleared its committees and could be one of the first bills approved by the full Senate next month.

The proposal stems from a Florida Supreme Court ruling in 2015 that said defendants have the burden of proof to show they should be shielded from prosecution under the stand your ground law.

In stand your ground cases, pretrial evidentiary hearings are held to determine whether defendants should be immune from prosecution.

Payne said the bill would strengthen the self-defense law and that concerns by critics are certainly overstated.

It does not protect those that are creating some type of felony or assault, Payne said after Wednesdays meeting. That is not what self-defense is for.

Opponents maintain the change would end cases before all the facts are revealed and contend that the stand your ground law has disproportionate effects, as it is used more successfully as a defense when white shooters kill African-Americans.

But Rep. Gayle Harrell, a Stuart Republican who was in the House when the stand your ground law was approved, said the proposal meets the intent of lawmakers who crafted the law in 2005.

Its a shame that we have to come to this point of having to clarify, but I believe that that was the case, Harrell said.

Meanwhile, Rep. Jared Moskowitz, D-Coral Springs, said he could support the change if it were more narrowly defined to situations where there is overriding evidence.

But he expressed concerns about people who may use the defense when the only witness was killed in the encounter.

Its blanket immunity and then were saying to the prosecution, You have to undo that immunity if you have enough evidence, Moskowitz said. And, Oh by the way you have to do it at a pretrial hearing, when usually all witnesses may not have been identified and all the evidence may not have been gathered at that point.

The proposed change, which is supported by the Florida Public Defender Association, was approved by the Senate in a 24-12 vote last year, but failed to advance through the House committee process.

New House leaders, however, appear to have put this years version of the bill on the fast track.

See the original post here:
Bill to shift burden of proof in stand your ground cases moving along in House - Jacksonville Daily Record

Miami Herald

Stand Your Ground law helps free Miami teens accused of MLK Day shooting that wounded 8 Miami Herald Florida's Stand-Your-Ground law has helped free two teens of allegations that they took part in a gun battle that wounded eight people at a Martin Luther King Jr. Day Parade in Miami. Prosecutors on Thursday declined to file charges against Gerrel Woo ... and more »

Originally posted here:
Stand Your Ground law helps free Miami teens accused of MLK Day shooting that wounded 8 - Miami Herald

DADE CITY, Fla. -- A Florida judge is hearing evidence to determine whether a retired police officer acted in self-defense when he shot a man in a movie theater in 2014.

Retired police officer Curtis Reeves, right, sits with his defense attorney Richard Escobar during a hearing at the Robert D. Sumner Judicial Center in Dade City, Fla. on Tuesday, Feb. 21, 2017.

Charlie Kaijo /Tampa Bay Times via AP, Pool

Pinellas-Pasco Circuit Judge Susan Barthle is being asked to decide whether Curtis Reeves should be immune from prosecution under Floridas controversial stand your ground statute. The hearing started Monday and continued on Tuesday.

The law says a person has no duty to retreat when faced with a violent confrontation and can use deadly force if he or she fears death or great bodily harm.

Reeves shot 43-year-old Chad Oulson during an argument over texting as movie previews played.

Prosecutors say the 74-year-old Reeves provoked the confrontation. Reeves attorneys say Oulsons actions made him think he was in danger of serious assault.

2017 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

Read more from the original source:
Stand Your Ground law cited in movie theater shooting case - CBS News

Missouris new Stand Your Ground law has been been invoked as the basis for a shooting in Columbia, where the accused believed the statute permitted him to shoot a fleeing thief.

Senate Bill 656 went into effect Jan. 1 after former Gov. Jay Nixons veto was overturned last fall. This law removed the duty to retreat provision and allows citizens to use deadly force whenever they feel reasonably threatened without retreating first.

You used to have a duty to retreat, criminal defense attorney John Picerno told KSHB news last September. It's one of the few laws in Missouri that's actually very good for the citizens. Not only does it provide the accused with those particular rights but it places the burden on the government to prove beyond a reasonable doubt that you did not act in lawful self-defense."

But Columbia resident Karl Henson was arrested for first-degree felony assault after allegedly shooting at a man who apparently tried to steal his cellphone.

The only reason I thought it was okay to shoot at him while he was running away was because of what happened with the new year on the law change, Henson said, according to the probable cause statement for the Jan. 23 incident. Henson nonfatally shot the man six or seven times in the back.

MU School of Law professor Frank Bowman, a former criminal defense lawyer, said Henson misunderstood the many provisions of the new statute.

I would say this person has an erroneous understanding of what the law says, Bowman said. The [shooting victim] was committing a felony, but you cant use deadly force because theyre leaving the commission of a non-forcible felony like stealing.

Forcible felonies, Bowman explained, include crimes like murder, armed robbery and assault. Regarding the bill as a whole, Bowman said he was opposed to it and considered it to be macho posturing by Missouri legislators.

Its bad on a number of levels, Bowman said. One of them is that, to the extent that people misunderstand it, those kinds of misunderstandings can produce killings which shouldnt happen. [The law] ought to discourage folks from using deadly force unless it is absolutely necessary.

Edited by Madi McVan | mmcvan@themaneater.com

The rest is here:
New Stand Your Ground law cited as basis for Columbia shooting - The Maneater

(KUTV) Utah lawmakers took the first step Friday toward toughening the state's Stand Your Ground law.

That law allows someone to use deadly force -- without retreating -- if they feel threatened.

House Bill 259, sponsored by Rep. Cory Maloy (R-Lehi), would add an extra layer of protection for somebody who fights back in self-defense. The House Law Enforcement and Criminal Justice Committee approved that bill, 6 to 4, sending it on to the next step.

I just believe strongly in that right to defend yourself, said Maloy, a freshman lawmaker.

"Stand Your Ground" has been on Utahs books for some time. But Maloy didn't think the law was strong enough.

His bill beefs it up, clarifying that if someone is attacked, they do not have to retreat even if safety could be achieved by retreating. It also forbids a court from even considering that during a trial.

The Utah Chiefs of Police Association opposes the bill. According to their lobbyist, David Spatafore, the chiefs believe it sends a dangerous message.

Not only can you stand your ground, said Spatafore, you can escalate if you feel that it's appropriate.

Some of Maloy's fellow lawmakers are worried, too. They cited a study from Texas A&M University that says "Stand Your Ground" laws actually lead to more homicides.

Rep. Angela Romero (D-Salt Lake City) said she's especially concerned about people of color like her son.

The things that they experience in our current political climate scares me, and so bills like this scare me more, said Romero.

But just enough of the House committee wasn't scared. They sent the bill to the full House of Representatives.

I think it was a good victory for the rights of people living here in Utah, said Maloy.

Continued here:
House committee approves toughening Utah's "Stand Your Ground ... - KUTV 2News