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SYG law uhhh stands

Discussion in 'Florida Glockers Club' started by SiberianErik, Nov 13, 2012.

  1. rvrctyrngr

    rvrctyrngr Senior Moment

    Sep 15, 2004
    Gator Nation
    I have a huge problem with the 'immunity for self-defense' hearings that are currently being utilized in the courts. The hearing is NOT authorized by statute, and during the hearing, the defendant must prove that they acted in self-defense. The courts are using this based upon a flawed decision by the Florida Supreme Court in State v. Peterson, which based its opinion on a similar but different Colorado Statute!!!

    The intent of the legislation was to 'presume immunity for self-defense cases', and make the State prove the defendant did not act in self-defense, not the other way around. What's happening now basically nullifies the Legislature original intent.

    Last edited: Nov 23, 2012

  2. Mr. Blandings

    Mr. Blandings

    Jun 20, 2001
    The solution is to get the Legislature to amend the statute with an updated, clear statement of legislative intent. It may be handy to wrap that into an update of 790.01 to clear up the current confusion sparked by the brief filed from the FL AG's office.
  3. packinaglock

    packinaglock John 3:16

    May 1, 2007
    Loxahatchee Fl
  4. Batesmotel


    Apr 5, 2007
    :wow:Around here a Ute is a Ute indian. Utah is named after the tribe. You scared me.
  5. TK-421


    Oct 12, 2012
    Pflugerville, TX
    [ame=""]What is a Yoot? - YouTube[/ame]
  6. rvrctyrngr

    rvrctyrngr Senior Moment

    Sep 15, 2004
    Gator Nation
    We have a fairly comprehensive package heading up to the Capital for this session.

    Unfortunately, there's only so much we can expect from our friends in Tallahassee each session. The immunity for self-defense hearing burden of proof will have to wait for another time.