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Posted: 7/3/2017 10:23:12 AM EDT
I'm currently in the keys on the boat so I do not have access to hotlink. WSVN news reported a judge ruled that the updated stand your ground is unconstitutional. Can someone please read the article to see if this is pro or anti-Second Amendment ruling. I'll see if I can check on the phone later on to see what the entire article or ruling describes.
Link Posted: 7/3/2017 10:56:18 AM EDT
[#1]
Link



"Miami-Dade Circuit Judge Milton Hirsch ruled that lawmakers overstepped their authority in creating the law this year that forces prosecutors to disprove a defendant’s self-defense claim at a pre-trial hearing.

The judge ruled that under Florida’s constitution, that change should have been crafted by the Florida Supreme Court, not the Legislature."

"The ruling is a victory for prosecutors who have firmly opposed the law they believe makes it easier for defendants to get away with murder and other violent crime."
Link Posted: 7/3/2017 11:40:56 AM EDT
[#2]
How can anyone who dons that robe and swears to uphold our laws claim that the court should have set the law.  

He is berating the representatives of the People.   The legislators.  For making laws.

This is beyond judicial activism, it is downright ignorance.

He can cirque-du-soleil all he wants with the terminology.   But the legislative makes the law.   He is so pissed he won't get to interpret the law HE wants.  

Interpreting what THEY have passed is your job.

Maybe he should run for the legislature instead.
Link Posted: 7/3/2017 11:42:11 AM EDT
[#3]
Quoted:
I'm currently in the keys on the boat so I do not have access to hotlink. WSVN news reported a judge ruled that the updated stand your ground is unconstitutional. Can someone please read the article to see if this is pro or anti-Second Amendment ruling. I'll see if I can check on the phone later on to see what the entire article or ruling describes.
View Quote


It's not pro or anti anything.  It's a farce of our Process just waiting to be smacked down by a judge who actually read all those books in law school.
Link Posted: 7/3/2017 12:10:38 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Link



"Miami-Dade Circuit Judge Milton Hirsch ruled that lawmakers overstepped their authority in creating the law this year that forces prosecutors to disprove a defendant’s self-defense claim at a pre-trial hearing.

The judge ruled that under Florida’s constitution, that change should have been crafted by the Florida Supreme Court, not the Legislature."

"The ruling is a victory for prosecutors who have firmly opposed the law they believe makes it easier for defendants to get away with murder and other violent crime."
View Quote
The Supreme Court is the reason we needed this fix-it legislation.  The court deviated from the legislative intent of the process that was passed in 2005.  The current legislation simply fixed what the Supreme Court screwed up.

AND, it's not the "stand your ground law."  It is the "immunity from prosecution law."  I'm so tired of the MSM lumping all of Florida's self defense laws under some stupid sound bite.
Link Posted: 7/3/2017 12:22:35 PM EDT
[#5]
Quoted:
I'm currently in the keys on the boat so I do not have access to hotlink. WSVN news reported a judge ruled that the updated stand your ground is unconstitutional. Can someone please read the article to see if this is pro or anti-Second Amendment ruling. I'll see if I can check on the phone later on to see what the entire article or ruling describes.
View Quote


The judge threw out the new legislation.  We are back where we started, with the GG having to proving he acted in self defense.
Link Posted: 7/3/2017 5:43:39 PM EDT
[#6]
...in (IIRC) a prosecutor and judge invented pre trial hearing that was never the intent of the law.
Link Posted: 7/3/2017 6:49:02 PM EDT
[#7]
His ruling isn't binding, it changes nothing.
Link Posted: 7/3/2017 7:15:19 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
His ruling isn't binding, it changes nothing.
View Quote
OK, I'm confused.  Can you explain who it is not binding on.  It appears that it is binding on the two cases at his bar?
Link Posted: 7/3/2017 8:48:40 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


OK, I'm confused.  Can you explain who it is not binding on.  It appears that it is binding on the two cases at his bar?
View Quote
I believe his ruling only takes effect in his circuit in Miami Dade County and probably only for the two cases before his bench.

I'm pretty sure his ruling will be thrown out, but it's effects aren't statewide.
Link Posted: 7/5/2017 8:33:30 AM EDT
[#10]
Is this the same judge who banned two live crew ?....


"We the People" should demand that he be impeached and disbarred from practicing law for ever..

The only way you will put these "judges" on notice.
Link Posted: 7/13/2017 3:07:42 PM EDT
[#11]
The best part of this whole mess is why he said it was unconstitutional, he indicated it was not the legislatures job to pass the law, but rather the (State) Supreme Court's..............how's that again??
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