Fairfax, VA -(AmmoLand.com)- Judicial activism is alive and flourishing on the Florida Supreme Court, and the victim of this activism is the Second Amendment and our fundamental right of self-defense.
On Thursday, July 9, 2015, liberals on the Florida Supreme Court issued an opinion in a self-defense case that clearly has a chilling effect on the constitutional right of self-defense and the immunity from prosecution for exercising self-defense provided by the Legislature in the “Castle Doctrine/Stand Your Ground” law.
The presumption of innocence until proven guilty has been turned on its head. Rather than follow the intent of the Legislature, the Court chose to rewrite the law to achieve its own policy goals.
In the Opinion Justice Pariente, who was joined by Justices Labarga, Quince, Perry and Lewis, defiantly said:
“We conclude that placing the burden of proof on the defendant to establish entitlement to Stand Your Ground immunity by a preponderance of the evidence at the pretrial evidentiary hearing, rather than on the State to prove beyond a reasonable doubt that the defendant’s use of force was not justified, is consistent with this Court’s precedent and gives effect to the legislative intent.”
In a dissenting opinion in which Justice Ricky Poltson concurred, Justice Charles Canady correctly wrote:
“By imposing the burden of proof on the defendant at the pretrial evidentiary hearing, the majority substantially curtails the benefit of the immunity from trial conferred by the Legislature under the Stand Your Ground law.”
The entire majority opinion and the dissenting opinion is here:
“By imposing the burden of proof on the defendant at the pretrial evidentiary hearing, the majority substantially curtails the benefit of the immunity from trial conferred by the Legislature under the Stand Your Ground law.”
The entire majority opinion and the dissenting opinion is here:
Below is a link to an example of how others see this egregious opinion
Here’s What the Legislature Should Do After Bretherick by Greg Newburn, FAMM State Policy Director posted to FAMM.org on July 10, 2015.
About the NRA-ILA
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.
For more information, please visit: www.nra.org. Be sure to follow the NRA on Facebook at NRA on Facebook and Twitter @NRA.
Diamondback: Point taken! Lose the capital letters! Thanks.
It appears that bloomberg money may be at work
NOOSE THERAPY IS WIDELY NEEDED THROUGHOUT THE JUDICIAL CORPS IN AMERICA PEOPLE.
STOCKPILE AS MANY NOOSES AS YOU CAN BECAUSE WE’RE GONNA NEED ALL WE CAN GET.
5/8″x 600′ of Pro Manila rope is prime noose tying rope and ‘knot and rope’ running sale $185.00 1/2″x600′ is $50.00 less but can tie out prime nooses. This ain’t oiled rope but it don’t matter. Prime noose tying rope.
Rope. Tree. Gravity. Problem solved.
Gravity sucks… at everything.
And facts…with the resultant logical conclusions…are a plague to Liberals.
At least they avoid facts and logic like the plague.
But then, I guess that is because they are emotionally immature.
Again, the facts are that liberals are a plage on this earth.They spew there idiolodgical filth on all people, and call it law. A disease which needs to be dealt with.
Proving once again that the answer to the question of what do you call a lawyer with a room temperature IQ?
…..answer…..YOUR HONOR ……….