Stand Your Ground  (Page 1)

Law of Self Defense: Media Mangles “Stand-Your-Ground” Law Yet Again

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Posted by  ▪  Friday, October 26, 2018 at 9:13pm 10/26/2018 at 9:13pm

This Case of the Week is not so much a case of self-defense law as it is a case of mischaracterization of self-defense law. As sure as the sun rises in the East and sets in the West, the media will continue to mischaracterize “Stand-Your-Ground” in terms of both actual application...

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Law of Self Defense: When the prosecutor doesn’t know the law

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Posted by  ▪  Wednesday, August 22, 2018 at 3:00pm 8/22/2018 at 3:00pm

This week’s case is not so much a case as it is a cautionary tale about the risks of relying upon the purported use-of-force law expertise of others based solely on their job title, and dangers of not you yourself being educated on that law.

I warn students in every class that...

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Manslaughter Charges Filed in Florida Handicap Parking Spot Shooting

https://player.vimeo.com/video/281013501
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Posted by  ▪  Monday, August 13, 2018 at 3:07pm 8/13/2018 at 3:07pm
https://player.vimeo.com/video/281013501

Michael Drejka, the 47-year old shooter of 28-year-old Markeis McGlockton over a July 19 dispute about a handicap parking spot, has been arrested and charged with manslaughter, reports the Tampa Bay Times and other news sources.  He is being held on $100,000 bail in Pinellas County Jail.

[AFB: Update, just reading the...

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CNN Mangles “Stand-Your-Ground” Law Yet Again

https://player.vimeo.com/video/281013501
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Posted by  ▪  Sunday, July 29, 2018 at 6:00pm 7/29/2018 at 6:00pm
https://player.vimeo.com/video/281013501

When I tell you that you must assume that everything the news media has to say about self-defense law and events is 100% wrong until proven otherwise, this is why: CNN: “What you need to know about ‘stand your ground’ laws”.

The errors on “Stand-Your-Ground” in particular and self-defense law in general, whether...

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Law of Self Defense VIDEO: Just because it’s lawful to present the gun doesn’t mean it’s lawful to press the trigger

https://player.vimeo.com/video/281013501
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Posted by  ▪  Friday, July 20, 2018 at 9:00pm 7/20/2018 at 9:00pm
https://player.vimeo.com/video/281013501

There’s been a shooting in Florida (naturally?) that resulted over an argument about a non-handicapped person parking in a handicapped parking spot, and it was captured on a rather poor quality surveillance camera recording, according to news reports.

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Wyoming Joins the Large Majority of “Stand-Your-Ground” States

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Posted by  ▪  Tuesday, March 20, 2018 at 7:00am 3/20/2018 at 7:00am

Just days ago, on Friday, March 16, Wyoming became the 36th state to join the large majority that qualify as “Stand-Your-Ground” jurisdictions, furthering a trend that has been moving in only a single direction for quite a few years.

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Florida Judge Rules Recent Changes to Self-Defense Immunity Law Are Unconstitutional

https://www.local10.com/lifestyle/legal-news/floridas-stand-your-ground-law-unconstitutional-miami-judge-rules
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Posted by  ▪  Wednesday, July 5, 2017 at 2:30pm 7/5/2017 at 2:30pm
https://www.local10.com/lifestyle/legal-news/floridas-stand-your-ground-law-unconstitutional-miami-judge-rules

“Stand-Your-Ground” was back in the headlines against over the just-concluded Independence Day weekend, thanks to a 14-page decision by Miami-Dade Circuit judge Milton Hirsch that recent legislative changes to Florida’s self-defense immunity law were unconstitutional, reports the Bradenton Herald newspaper and other sources. (That decision is embedded below.)

Specifically, the recently signed law...

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Order Denying Immunity in Popcorn Shooting Riddled with Legal Errors

https://www.youtube.com/watch?v=kliM2g2VfoM
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Posted by  ▪  Friday, March 10, 2017 at 7:00pm 3/10/2017 at 7:00pm
https://www.youtube.com/watch?v=kliM2g2VfoM

Curtis Reeves has been denied legal immunity from prosecution and civil suit over his fatal shooting of Chad Oulson, in an order issued today by Judge Susan Barthle (that order is embedded at the bottom of this post).

Reading Judge Barthle’s order, however, suggests that her legal analysis may be sufficiently defective...

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“Popcorn Shooting” Defendant Has Self-Defense Immunity Hearing

https://www.youtube.com/watch?v=kliM2g2VfoM
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Posted by  ▪  Tuesday, February 21, 2017 at 4:00pm 2/21/2017 at 4:00pm
https://www.youtube.com/watch?v=kliM2g2VfoM

It was three years ago last month that retired police officer Curtis Reeves, then 71 years old, shot and killed 43-year-old Chad Oulsen in a Florida movie theater. The case became known as the “popcorn shooting” because the shooting allegedly happened over spilled popcorn.

Reeves has been charged with second degree murder and aggravated battery....

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Faux Science: Claim that homicides surged under Florida’s “Stand-Your-Ground” law

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Posted by  ▪  Sunday, November 27, 2016 at 7:30pm 11/27/2016 at 7:30pm

The scientific journal JAMA Internal Medicine has published a paper utterly devoid of scientific or public policy merit, fraught with abject error and ignorance, and utterly lacking any arguable purpose other than to deceive gullible readers about the nature and merits of Florida’s Stand-Your-Ground law.

The JAMA study follows another supposedly scientific...

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Missouri Legislature Overrides Veto, Restores Second Amendment Rights

https://youtu.be/0rQgUe9PKQQ
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Posted by  ▪  Saturday, September 17, 2016 at 4:30pm 9/17/2016 at 4:30pm
https://youtu.be/0rQgUe9PKQQ

Missouri lawmakers have overridden a veto to allow concealed carry (Missouri already had open carry) and to grant more legal rights for self-defense.

KSDK reports:

Missouri lawmakers have overridden a veto of a wide-ranging guns bill that will let more people carry concealed weapons and give them greater legal rights to defend themselves.

The...

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Texan Who Videotaped His Own “Self-Defense” Convicted on Re-Trial

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Posted by  ▪  Saturday, November 21, 2015 at 6:00pm 11/21/2015 at 6:00pm

This past Monday we wrote about the start of the re-trial of retired firefighter Raul Rodriguez who was previously convicted of murder and sentenced to 40 years in jail after shooting a neighbor over a dispute about the neighbor’s noisy party. Rodriquez had claimed self-defense justification for the killing.  That prior...

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Florida Effort to Change Burden on Self-Defense Immunity Fails

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Posted by  ▪  Tuesday, November 17, 2015 at 5:50pm 11/17/2015 at 5:50pm

A couple of months ago we posted here about the effort of Florida legislator Dennis Braxley to change Florida’s self-defense immunity law: Major Change Proposed for Florida Self-defense Immunity Law.  

Under the proposed change a person claiming self-defense immunity for their use of force against another could be denied that immunity...

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Retrial Begins for Firefighter Who Selfied “Stand-Your-Ground”

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Posted by  ▪  Monday, November 16, 2015 at 6:10pm 11/16/2015 at 6:10pm

A re-trial begins this week in Houston for retired firefighter Raul Rodriguez who was previously convicted of murder and sentenced to 40 years in jail, reports the Houston Chronicle.  Rodriquez had unsuccessfully argued self-defense at trial. The notable oddity of this case was the fact that Rodriguez had videotaped himself rather bizarrely...

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Stand-Your-Ground Study Authors Concede They Didn’t Study Stand-Your-Ground

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Posted by  ▪  Friday, November 6, 2015 at 10:00am 11/6/2015 at 10:00am

I know I promised that my prior post would be my last on the thoroughly debunked “scientific” paper, “Race,law, and health: Examination of ‘Stand Your Ground’ and defendant convictions in Florida.”

The debunking took place in these posts:

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Stand-Your-Ground Racial Bias Study used “media definition,” not “legal definition”

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Posted by  ▪  Wednesday, November 4, 2015 at 1:00pm 11/4/2015 at 1:00pm

Last week here I wrote a post about a “scientific” study of Florida’s Stand-Your-Ground (SYG) law. That paper was published in the Elsevier journal “Social Science & Medicine.”

The paper: “Race, law, and health: Examination of ‘Stand Your Ground’ (SYG) and defendant convictions in Florida” (Social Science & Medicine, Volume 142, October...

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NY Times’ mindless editorial over Stand-Your-Ground law

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Posted by  ▪  Monday, November 2, 2015 at 10:00am 11/2/2015 at 10:00am

I imagine we’ve all chuckled at the mindlessness which the New York Times provides opportunities to observe the Murray Gell-Mann amnesia effect in action.

From my own perspective as an expert in use-of-force law I fail to recall a single instance in which the NYT has so much as approached factual accuracy or displayed contextual understanding in a piece on...

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