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Marissa Alexander Tag

Marissa Alexander has been released on bail, according to widespread news reports.  The conditions of her release are stringent, although not overly so for someone who has never been a very appropriate candidate for pre-(re-)-trial release.  Alexander had been previously convicted of aggravated assault with...

Marissa Alexander's motion for bail was left undecided today, when the Judge responsible for the decision decided to delay further action on the matter until January 15, 2014. Alexander's attorney had made a request for bail in anticipation of her re-trial on charges of aggravated assault, using a firearm, against her estranged husband. https://twitter.com/SeniABC/status/400744956736061440 Alexander was granted a new trial early this year after her conviction for aggravated assault (with a firearm enhancement) was overturned on the grounds that the self-defense jury instructions were defective. Alexander's conviction was based on evidence that in the course of a heated argument with her estranged husband she retrieved a handgun from the garage, returned to the interior of the home, and fired a shot past his head and into the wall behind him (while his two minor children stood by his side). The bullet penetrated through the wall and sped across the next room until embedding itself in the ceiling. Some have sought to characterize the shooting as a mere "warning shot" or the "shooting of a ceiling," a characterization we've previously debunked here:  The Myth of Marissa Alexander’s “Warning Shot”. Alexander always seemed a poor candidate for bail given the prior disrespect she has shown the criminal courts. In addition to the core aggravated assault for which she was charged and convicted, Alexander also allegedly induced her estranged husband to submit false exculpatory testimony on her behalf (testimony he later retracted), repeatedly meeting with him in violation of an order of protection intended to keep her away from him and his children. She later assaulted him a second time, albeit this time without a weapon.

Much of the coverage of the Marissa Alexander case (previously touched on Legal Insurrection here and here) laments that Ms. Alexander was sentenced to a statutory mandatory sentence of 20 years in prison for having "merely" fired a "warning shot".   The actual evidence of the...

In May 2012, Marissa Alexander was convicted of aggravated assault for having fired a gun at her estranged husband and his two children. Under Florida's "10-20-Life" law she received the mandatory 20-year-sentence for having fired a gun in the commission of a felony. We wrote about...