"The law, which exists in various forms in some 25 states, allows for the use of lethal force without the necessity of trying to retreat. (Under traditional self defense, a person who feels threatened must back away if he or she has the option, rather than resorting to lethal force.) Alexander’s attorneys argued that Florida’s Stand Your Ground law should have protected the then 31-year-old from prosecution when she fired a warning shot into the wall. At the time, defense attorneys argued, Alexander felt threatened by her husband, who she said had a history of abuse. The state argued that Alexander could have left the house during the argument instead of retrieving her gun and coming back inside. A jury convicted her on three counts of aggravated assault last year. Because the crime involved a firearm that was discharged, Alexander was subject to a minimum sentence of 20 years under Florida’s “10-20-Life” law. Faith Gay, one of Alexander’s attorneys, said on MSNBC Thursday that oral argument hadn’t yet been set, but that they were looking forward to making three “meritorious” challenges in the First District Court of Appeals. “One to the pretrial Stand Your Ground hearing,” said Gay, which defense attorneys argue should have given Alexander immunity. Another “to Ms. Alexander’s ability to consult with her counsel during the trial, and the prohibitions based on that.” And third, she said, to the jury instructions, which she believes “reversed the burden of proof” and “made too much of an evidentiary requirement” on Alexander during the trial." tv.msnbc/2013/07/25/stand-your-ground-under-scrutiny-as-marissa-alexander-awaits-appeal/
Posted on: Sat, 27 Jul 2013 12:10:27 +0000