In a stand your ground ruling that startled law enforcement and the State Attorney’s Office, Circuit Judge Dawn Nichols on Monday dismisses felony charges against 23-year-old Hunter Detherow, who was facing five to 20 years in prison for a fight at the Palm Harbor Circle K a year ago that left one man with four broken ribs and another with stab wounds, a collapsed lung and a black eye. Detherow, a former Marine, was not injured. The two men were twice his age, though one of them was nearly twice his weight.
stand your ground
35-Year-Old Palm Coast Man Loses Stand Your Ground Motion Over Bizarre Confrontation with Cyclist, 67
Eric Cooks, a 26-year-old resident of Palm Coast’s P Section and a supervisor at SMA Healthcare’s crisis-stabilization unit, where Baker Acts are triaged, lost a Stand Your Ground motion in circuit court Monday, clearing the way for his prosecution on a felony count of battering a man older than 65. The case touches on several elements that blur the line between good samaritanship and road rage, between the meanings of self-defense and provocation, and with an overlay of race and age disparities.
Florida Court Rules It’s OK to Shoot a Dog in Stand Your Ground Situation
In a case stemming from a man who killed a pit bull when he and his Chihuahua felt threatened, an appeals court ruled Wednesday that Florida’s “stand your ground” self-defense law can apply to cases involving animals. A three-judge panel of the 4th District Court of Appeal said a Palm Beach County circuit judge improperly denied a stand-your-ground immunity hearing for Cassanova Gabriel, who was charged with crimes including cruelty to animals.
Rittenhouse Verdict Flies in the Face of Legal Standards for Self-Defense
In delivering its verdict, a Wisconsin jury decided that Rittenhouse’s conduct was justified, even though the prosecution argued that he provoked the violent encounter and, therefore, should not be able to find refuge in the self-defense doctrine.
Supreme Court Defines When Stand Your Ground Law Shifting Burden to Prosecution Applies
With backing from groups such as the National Rifle Association, the 2017 law shifted the burden from defendants to prosecutors to prove whether a self-defense claim is justified.
Florida Supreme Court Clears Cops to Use Stand Your Ground Defense in Shootings
Stand your ground applies to “persons,” and “a law enforcement officer is a ‘person’ whether on duty or off, and irrespective of whether the officer is making an arrest,” the court ruled unanimously.
Stand Your Ground Vigilantes
Instead of allowing the police to perform their jobs, some gunslingers hiding behind stand-your-ground laws take the responsibility of pursuing criminals upon themselves.
For 2nd Time in 3 Weeks Man Pulls a Gun on Flagler Deputies, But No Arrest This Time
Flagler deputies were checking on a 33-year-old man who had been reported to be suicidal (possibly falsely). He came out of his house pointing a gun at the deputies.
Spurred By Latest Dubious Shooting, Calls For Stand Your Ground Repeal Hit Capitol
The July 19 shooting death of Markeis McGlockton, with his three young children nearby at a Circle K in Pinellas County is prompting the latest calls to repeal the 2005 law.
Man Shoots and Kills German Shepherd in Palm Coast’s W-Section, Says In Self-Defense
A 5-year-old German Shepherd mix called Caroline is dead from a gunshot to the head after allegedly attacking a man and his puppy on Westchester Lane in Palm Coast this morning.
Court Upholds Shifting Burden of Proof to Prosecution in Stand Your Ground Cases
With backing from the NRA the Legislature in 2017 shifted the burden from defendants to prosecutors to prove whether self-defense claims are justified.
Paul Miller Loses Latest Appeal of Life Sentence for Dana Mulhall’s Murder in Flagler Beach
Circuit Judge Dennis Craig ruled that even if a use-of-force expert had been heard at trial, the jury would not have found grounds for self-defense and convicted Miller, now 70, of murdering Dana Mulhall.
Epic Child Abuse Case Fails Stand Your Ground Defense in Debacle of Witnesses
An unusual stand-your-ground case unfolded in Flagler court this morning over an allegation that a 39-year-old man punched a 16-year-old girl at Epic Theater in palm Coast last October.
Florida House and Senate In Duel Over Shifting Stand Your Ground Burden to Prosecution
The two chambers have approved different versions of a proposal (SB 128) intended to shift a key burden of proof in “stand your ground” cases from defendants to prosecutors in pre-trial hearings.
Senate Approves Stand Your Ground Change To Make It Easier For Shooters To Use Defense
The bill would shift the burden from defendants to prosecutors in the pre-trial hearings, vastly strengthening defendants’ ability to use the defense, but at significant cost to prosecutors.
Proposal to Shift “Stand Your Ground” Burden of Proof to Prosecutors Advances
The measure would shift the burden of proof from defendants to prosecutors during pre-trial evidentiary hearings in “stand your ground” cases.
Michael Dunn’s Conviction Upheld In Racial Murder of Jordan Davis in Jacksonville in 2012
A three-judge panel of the 1st District Court of Appeal said prosecutors presented sufficient evidence to rebut Michael Dunn’s claims of self-defense in the 2012 shooting of 17-year-old Jordan Davis.
NRA Pressuring Gov. Scott to Block Rep. Charles McBurney’s Bench Bid
McBurney, R-Jacksonville, angered Second Amendment advocates during this year’s legislative session when his committee did not move forward with a measure tied to the state’s “stand your ground” self-defense law.
Open-Carry Allowance and Ban on Backyard Shooting Among Gun Bills Heading for a Vote
Openly carried guns would have to be in a holster, case or bag, recreational shooting in certain residential areas would be banned, and the burden of proof in stand your ground cases would shift to defendants.
In a Civilized State Without Stand Your Ground, Jordan Davis Would Still Be Alive
The covenant of civilized living demands that we work to defuse conflicts, not escalate them. It demands that we look at each other face to face, and not through the divisive lens of stereotype.
Killed in House, Stand Your Ground Bill That Shifts Burden of Proof Lives Again in Senate
A proposal that would shift the burden of proof to the state in cases involving Florida’s controversial “stand your ground” law is poised to go to the full Senate.
In Rare Defeat for NRA in Florida, Lawmakers Kill Broader Stand Your Ground Measure
A National Rifle Association-backed measure that could have made it easier legally for people to claim self-defense in shooting incidents failed to get through its first House committee on Tuesday.
Should Brandishing a Gun at Someone Who Cuts You Off in Traffic Be Considered Self-Defense?
The Florida Supreme Court is considering a “stand your ground” case in which a man was charged with aggravated assault after brandishing a gun at a trucker during a confrontation on a state highway.
Jeb Bush Could Win in 2016, But He’ll Have To Rely on The United States of Amnesia
Jeb Bush left too much fodder for his detractors, argues Stephen Goldstein, to be a viable candidate for very long in 2016–assuming voters can remember the damaging milestones of his governorship.
Can Felons, Barred From Carrying Weapons, Still Claim Stand Your Ground? Court Will Decide.
The Florida Supreme Court will consider whether convicted felons have the right to claim immunity under the state’s controversial “stand your ground” self-defense law, even if they are barred from possessing guns in the first place.
Senate Panel Unanimously Approves Minor Changes to Florida’s Stand Your Ground Law
The bill would clarify that a law enforcement agency must fully investigate whether a person claiming self-defense has lawfully used force. It also would no longer preclude lawsuits from third parties who are injured by negligent conduct used in self-defense.
Sheriff Jim Manfre: How To Restore Common Sense to Stand Your Ground
The public’s valid concern over the vigilante-style actions of certain people who have watched too many Western movies should be dealt with through legislative action, argues Sheriff Jim Manfre, starting with a definition of self-defense that doesn;t leave its determination in the perpetrator’s hands.
Al Sharpton Leads Call For Repeal of Stand Your Ground in Florida Capitol March
Sharpton marched alongside the parents of Trayvon Martin and Jordan Davis, two teens the marchers said were wrongly killed under Florida’s first-in-the-nation law, which allows people to use deadly force when they feel their lives are in danger and provides immunity from prosecution.
Denying Service to Gays and Lesbians: Right of Conscience Vigilantism Meets Stand Your Ground
Bills in four states that would let businesses deny service to gays and lesbians on religious-freedom grounds are based on the same faulty justification of Stand Your Ground laws on self-defense grounds. In both cases, the 1st and 2nd Amendments are perverted into defenses of vigilantism rather than protection of rights.
Stand Your Ground’s Fatal Flaw, DNA Meets Dog Poop, Arizona’s Bigotry, Adidas’s Sex Tourism: The Live Wire
How John Locke would have interpreted–and derided–Stand Your Ground, child obesity’s encouraging trend, several states copy Arizona’s anti-gay bigotry, devaluing honor classes, Raymond Chandler’s 10 rules of writing a detective novel and Mozart’s full 21st piano concerto.
Stand Your Ground: Florida is Not My Castle. And It’s Not Yours, Either.
The right to stand one’s ground against aggression in one’s home is unquestioned, but, argues Julie Delegal, in public, spaces must be shared, peacefully. The castle doctrine cannot be extended to cover the entire state, as Florida’s Stand Your Ground law does.
Coke Ad’s Un-American Response, Biometrics in Florida Schools, Michael Dunn’s Trial: The Live Wire
Coke’s Super Bowl commercial gets the monolingual un-Americans angry, Michael Dunn goes on trial in another goon-with-gun case in Jacksonville, a woman’s hair is forcibly sheared while she’s in a jail’s restraining chair, New York’s plea to Sean Hanity, why read Bernard Malamud, farewell to Philip Seymour Hoffman and rediscovering Wim Statius Muller.
Judge J. Michael Traynor’s Alarming Equivalence Between an Attempted Murderer and His Victim
When Judge J. Michael Traynor sentenced Nathaniel Juratovac to four years in prison for the attempted murder of Flagler County firefighter Jared Parkey last week, the judge managed to blame both men for the violent incident that led them to the courtroom, a stunning and immoral leveling of blame in a state that too easily excuses gun violence.
Double-Murder Charge Dropped as Stand Your Ground May Head for Supreme Court Review
The 3rd District Court of Appeals ruling Thursday overturned a lower court’s second-degree murder conviction of Gabriel Mobley outside a Chili’s restaurant in Opa-Locka, and could once again put Florida’s first-in-the nation “stand your ground” law and its meaning before the Florida Supreme Court.
Warning-Shot Bill Gaining Support In Spite of Police Opposition and Fears of Vigilantism
Rep. Neil Combee’s Warning Shot Bill under a new guise would amend the “stand your ground” self-defense law and permit people to display guns, threaten to use them or fire warning shots if they were being attacked and feared for their lives. It was inspired by the fate of Marissa Alexander, who was sentenced to 20 years in prison for firing a warning shot at her abusive husband.
Florida’s Stand Your Ground Deconstructed Before US Senate Panel on Civil and Human Rights
The unusual Senate hearing focused almost exclusively on Florida, featured the mothers of two 17 year olds killed in its name–Trayvon martin and Jordan Russell Davis–and drew a rebuke from Ranking Republican Ted Cruz of Texas, who questioned whether the scrutiny of “stand your ground” was part of a broader “political agenda.”
Senate Proposal Would Bar “Aggressors” From Using Stand Your Ground; Approval Unlikely
Prompted by a national outcry over George Zimmerman’s acquittal this summer in the shooting death of Trayvon Martin, a Florida Senate committee gave approval to minor changes in the state’s “stand your ground” law. But whether a Legislature dominated by gun-loving lawmakers will ultimately sign off on a bipartisan compromise remains a long shot.
Bill Would Grant Immunity From Harsh Sentences for Firing Warning Shots
A bill filed by a Polk County lawmaker is intended to address what he called “the negative, unintended consequences” of Florida’s 10-20-Life sentencing law by granting immunity to people who fire warning shots to protect themselves and others. The new bill was filed on the same day that the 1st District Court of Appeal ordered a new trial for Marissa Alexander, a Jacksonville woman sentenced to a mandatory 20 years in prison for a shot fired during a domestic dispute in her home.
Appeal Court Orders New Trial for Marissa Alexander, But No Redo on Stand Your Ground
Marissa Alexander, a 32-year-old mother of three, was convicted on improper self-defense instructions to the jury, the court ruled. Alexander was serving a 20-year sentence for shooting a gun during an argument with her abusive husband, against whom she had a restraining order.
After 31 Days, Dream Defenders
End Their Protest at the Florida Capitol
Dream Defender leaders said they’ll carry their campaign against the “stand your ground” self-defense law and what they consider other forms of racial bias to the polls, trying to defeat the elected officials who opposed their demands, including Gov. Rick Scott, who is up for re-election next year.
Not Enough Votes for a Special Session on Stand Your Grounds, But Protest Continues
Republicans have returned enough “no” votes in a poll of legislators to quash the idea of a special session to address the state’s stand your ground law, yet the Dream Defenders, a group of protesters whose around-the-clock sit-in at the Capitol stretched to a 30th day on Wednesday, are not quitting.
Stand Your Ground Special Session: Florida Democrats Invoke Unique Tactic in Hunt for Votes
Vastly outnumbered Democrats have a week to convince enough Republicans lawmakers to support a special session of the Legislature on the Stand Your Ground law. The Secretary of State’s office has to find 96 lawmakers to trigger such a session.
Cabinet Passes, for Now, on Pardoning Marissa Alexander, Pending Stand Your Ground Appeal
Alexander, a 32-year-old mother of three, was sentenced to 20 years in prison last year after firing a shot into a wall during a dispute with her abusive husband, a case that stands in sharp contrast with George Zimmerman’s not-guilty verdict after he shot and killed an unarmed teen.
Hypertown: Jesse Jackson and His Detractors
But by the time Gov. Scott and his ilk were done demanding that Jesse Jackson apologize to all Floridians over hos comparisons of Scott to George Wallace and the Dream Defenders to the Selma march, lo and behold, we were back talking about the Dream Defenders and Stand Your Ground. That was Jackson’s goal.
Jesse Jackson Calls Capitol Sit-In “The Selma of Our Time.” Scott Calls It an “Insult” to Floridians.
Calling Florida “an apartheid state,” Jackson spoke ahead of an overnight visit with the Dream Defenders that has staged a sit-in at Scott’s office to demand a special legislative session to consider changes to the state’s self-defense laws, initiatives to end racial profiling and an end to zero-tolerance discipline policies in schools.
Into Their Second Week of Protest, Dream Defenders Plan Their Own Special Session
Scott, who is expected to spend the next couple of days back on the road, didn’t pop out for a chat with those who want him to call a special session on the state’s controversial “stand your ground” law.
Harry Belafonte Joins Dream Defenders at Florida Capitol as Protest Enters 2nd Weekend
Backed by the arrival of supporters from throughout Florida and the East Coast, as well as singer and activist Harry Belafonte, protesters led by the Hialeah-based Dream Defenders maintained their request for a special legislative session amid rousing chants that filled an area outside the governor’s office.
Dream Defenders’ Stand Your Ground Standoff at Scott’s Office Continues Into Second Week
Members of the Dream Defenders, a student-led group that has protested at the Capitol since last Tuesday, said they’re busy making plans for the rest of this week and beyond as Scott reiterated Monday, before leaving Tallahassee for an event in southeast Florida, that there will be no special session to review the state’s controversial “stand your ground” law.
Demonstrating and Reporting Outrage Over Zimmerman’s Acquittal Isn’t Overkill. Shooting Trayvon Was.
Marches and other responses to the George Zimmerman trail are focusing needed attention on a culture at times too comfortable with the the paradox of imagining itself past the sort of racially motivated mindsets that made the killing of Trayvon Martin possible, argues Steve Robinson.
‘The Struggle Continues’: Civil Rights Generation Shows Palm Coast How It’s Done in 100-Voice March
Some 100 people, most old enough to have lived through the civil rights era, walked for almost 4 miles on Palm Coast Parkway Saturday morning, singing and showing their solidarity with Trayvon Martin’s family and their opposition to Florida’s stand your ground law. Several had taken part in marches dating back to the 1963 March on Washington.