close

Privacy guaranteed - Your email is not shared with anyone.

SYG law uhhh stands

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


  1. SiberianErik

    SiberianErik
    Expand Collapse

    Joined:
    Feb 9, 2009
    1,269
    8
  2. rvrctyrngr

    rvrctyrngr
    Expand Collapse
    Senior Moment

    Joined:
    Sep 15, 2004
    2,989
    0
    Location:
    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.
     

    #2 rvrctyrngr, Nov 23, 2012
    Last edited: Nov 23, 2012
  3. Mr. Blandings

    Mr. Blandings
    Expand Collapse

    Joined:
    Jun 20, 2001
    938
    0
    Location:
    Florida
    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.
     
  4. packinaglock

    packinaglock
    Expand Collapse
    John 3:16
    1. Glock Talk's Drunk Squad

    Joined:
    May 1, 2007
    5,688
    549
    Location:
    Loxahatchee Fl
  5. Batesmotel

    Batesmotel
    Expand Collapse

    Joined:
    Apr 5, 2007
    14,338
    680
    Location:
    Utah
    :wow:Around here a Ute is a Ute indian. Utah is named after the tribe. You scared me.
     
  6. TK-421

    TK-421
    Expand Collapse

    Joined:
    Oct 12, 2012
    10,076
    717
    Location:
    Pflugerville, TX
    [ame="http://www.youtube.com/watch?v=HVjbf-dHjW0"]What is a Yoot? - YouTube[/ame]
     
  7. packinaglock

    packinaglock
    Expand Collapse
    John 3:16
    1. Glock Talk's Drunk Squad

    Joined:
    May 1, 2007
    5,688
    549
    Location:
    Loxahatchee Fl
    That was a funny show, Joe was great. :rofl:
     
  8. rvrctyrngr

    rvrctyrngr
    Expand Collapse
    Senior Moment

    Joined:
    Sep 15, 2004
    2,989
    0
    Location:
    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.