MIAMI — Interesting news in Florida this evening. A judge in Miami has reportedly shot down the state’s updated Stand Your Ground law. According to the judge, the state legislature (which altered a key component of the law) did so without the actual acknowledgement of any other court, particularly, the state’s Supreme Court.
The new law “requires prosecutors to disprove a defendant’s claim of self-defense at a pre-trial hearing”. This particular change would allow judges to throw out charges against a defendant before anything ever went to trial. That now changed component has sparked much debate, considering, the same judge ruled that such “cannot be legislatively modified” under the state’s constitution. Instead, it should have been done on a Supreme Court level.
The Miami-Dade judge surely has set the precedent for intensive appeal hearings.