{"id":8339,"date":"2017-07-04T08:55:03","date_gmt":"2017-07-04T12:55:03","guid":{"rendered":"http:\/\/worldjusticenews.com\/news\/?p=8339"},"modified":"2017-07-04T08:55:03","modified_gmt":"2017-07-04T12:55:03","slug":"judge-rules-floridas-stand-ground-law-unconstitutional","status":"publish","type":"post","link":"https:\/\/worldjusticenews.com\/news\/2017\/07\/04\/judge-rules-floridas-stand-ground-law-unconstitutional\/","title":{"rendered":"Judge rules Florida’s ‘stand your ground’ law is unconstitutional"},"content":{"rendered":"

MIAMI<\/strong>\u00a0–\u00a0Florida’s revised “stand your ground” law is unconstitutional, a Miami judge ruled Monday.<\/p>\n

Miami-Dade County\u00a0Judge\u00a0Milton Hirsch<\/a>\u00a0ruled that lawmakers overstepped their authority by revising the self-defense law, putting the burden of proof on prosecutors.<\/p>\n

Hirsch ruled that the Florida Supreme Court, and not the state Legislature, should have crafted the law.<\/p>\n

“The statutory alterations in the burden and standard of proof in ‘stand your ground’ cases are, as set for hereinabove, unconstitutional,”\u00a0Hirsch wrote in his 14-page order<\/a>.<\/p>\n

Hirsch’s decision came in the case of Omar Rodriguez, who was indicted in 2015 on a charge of first-degree murder. Rodriguez is claiming self-defense after fatally shooting a neighbor whose dog tried to defecate in Rodriguez’s son’s yard.<\/p>\n

“It is a pathetic reason to have a fight with somebody and get into an argument, but, indeed, that’s what happened,” Rodriguez’s attorney, Alan Ross, told Local 10 News.<\/p>\n

Ross said he was disappointed with Hirsch’s decision. Ross said his client was defending himself from Jose Rey, who had threatened Rodriguez with a knife.<\/p>\n

“He stood his ground, justifiably, in the face of an attack by an angry man threatening his life, holding a knife and a glass in his hand,” Ross said.<\/p>\n

As a result of the ruling, Ross said, the judge will follow the previous version of the contentious self-defense law that was enacted in 2005.<\/p>\n

“We’re going to proceed under the old law, which is a lower burden of proof and the burden’s on the defendant, not on the state,” Ross said.<\/p>\n

Gov. Rick Scott recently signed the revised “stand your ground” law into effect.<\/p>\n

Source: local10.com<\/a><\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

MIAMI\u00a0–\u00a0Florida’s revised “stand your ground” law is unconstitutional, a Miami judge ruled Monday. Miami-Dade County\u00a0Judge\u00a0Milton Hirsch\u00a0ruled that lawmakers overstepped their authority by revising the self-defense law, putting the burden of proof on prosecutors. Hirsch ruled […]<\/a><\/div>\n","protected":false},"author":1,"featured_media":8340,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[2,3],"tags":[2246,417,3794],"class_list":{"0":"post-8339","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-news","8":"category-usa","9":"tag-stand-your-ground","10":"tag-florida","11":"tag-judge-milton-hirsch","12":"pmpro-has-access"},"_links":{"self":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/8339","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/comments?post=8339"}],"version-history":[{"count":1,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/8339\/revisions"}],"predecessor-version":[{"id":8341,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/8339\/revisions\/8341"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media\/8340"}],"wp:attachment":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media?parent=8339"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/categories?post=8339"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/tags?post=8339"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}