Archive for the ‘Stand Your Ground Law’ Category

Marissa Alexander wants new Stand Your Ground hearing

Attorneys for Marissa Alexander will argue Friday morning that their client deserves another Stand Your Ground hearing to prove that she fired a shot at her estranged husband in self defense.

Alexander, 33, is out on bond while awaiting a new trial on charges of firing a gun at her estranged husband and his two children. She was previously convicted of three counts of aggravated assault with a deadly weapon and sentenced to 20 years in prison, but that conviction was thrown out on appeal.

Follow: Real-time updates from the hearing (8 a.m. Friday)

It will be the second time Alexander seeks immunity from prosecution under the states Stand Your Ground law, which allows the use of deadly force instead of retreating if the person is afraid for his or her life. A previous claim in July, 2011 was rejected.

There will not be an actual Stand Your Ground hearing on Friday. Circuit Judge James Daniel will simply decide whether another hearing can occur at a later date.

Prosecutors are expected to argue that there is no point to a second Stand your Ground hearing since her claims of self defense were already rejected. But defense attorneys say they intend to introduce evidence that was never presented during the first hearing.

Attorney Bruce Zimet has said the new evidence undermines the testimony of Alexanders estranged husband, Rico Gray, and his two children. All three testified in the original Stand Your Ground hearing.

Alexander has claimed she wasnt trying to hit Gray or his two children from a previous relationship. She has said Gray had just beaten her, and was about to beat her again.

But Alexander has acknowledged that after Gray hit her she fled into the garage where she got a gun out of her car and then came back into the house. Prosecutors have previously argued that makes Alexander ineligible for Stand Your Ground because she chose to advance back into the house and confront Gray with the gun.

Stand Your Ground doesnt allow a person in fear for their life to advance on someone before firing.

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Marissa Alexander wants new Stand Your Ground hearing

Battery Charge Dropped Under Stand Your Ground Law

John Collins (Courtesy: Claiborne Co. Sheriff's Office)

OAKLEY, Kan. (AP)-- A Kansas man who was scheduled to go to trial this week for shooting a former employee has been granted immunity from liability under the state's "Stand Your Ground'' law.

David Collins of Oakley could have faced prison time if found guilty of aggravated battery in the March 5, 2013, shooting of Desmond Bowles. The Salina Journal reports Chief Judge Glenn Schiffner's ruling Thursday caused the case to be dropped.

Bowles was a former employee of the Collins farm and ranch and had been told to stay off the Collins property. Court documents show Bowles went to the home David Collins' father, where David Collins confronted him.

Collins says he pulled his gun and it went off during a scuffle. Bowles survived but lost sight in his left eye.

Posted by Greg Palmer

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Battery Charge Dropped Under Stand Your Ground Law

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Jurors in murder trial to be questioned about views on 'stand your ground'

Jon Wayne Joseph

Potential jurors summoned for a second-degree murder trial this week in Collier County can be questioned about their views on the states stand your ground law, a judge ruled Monday.

Collier Circuit Judge Ramiro Maalich granted defense attorney Mike McDonnells request to ask potential jurors in a private sidebar what they think about the law if they say theyve formed an opinion about it. McDonnell is representing defendant John Richard Orr, 39, who is accused of fatally stabbing 63-year-old Jon Wayne Joseph in the Lake Park neighborhood in October 2011.

After his arrest, Orr attempted to claim immunity from criminal charges under stand your ground, but Circuit Judge Frank Baker denied the motion in March 2012. McDonnell, who now plans to argue self-defense, said Monday that the general public confuses self-defense and stand your ground and may have misconceptions about the law.

It is such a volatile issue, publicly, he argued.

Maalich also granted a request from McDonnell to use the private sidebar to ask potential jurors if theyve read media coverage about the case. McDonnell presented stacks of old news articles about the case, including several from the Daily News, along with comments that readers had left on the online versions.

The comments are alarming because they indicate that at least a certain segment of the public society has already in their minds convicted John Orr, McDonnell said. And some of those comments are vicious.

Jury selection begins at 9 a.m. Tuesday to choose the six-person jury panel. McDonnell said he expects the trial to last five to seven days.

Orr, who did not speak at length Monday in court, has been in custody at the Naples Jail Center since his arrest in October 2011. If convicted of the second-degree murder charge, he faces a maximum sentence of life in prison.

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Jurors in murder trial to be questioned about views on 'stand your ground'