Posted on 01/27/2015 8:13:36 PM PST by smokingfrog
JACKSONVILLE, Fla. - Marissa Alexander, a woman whose case helped bring national attention to Florida's stand your ground and minimum sentencing laws, was allowed to leave jail late Tuesday afternoon to spend the rest of her sentence on house arrest.
Applause broke out in the courtroom when Judge James Daniel announced he would reject the prosecutors' request for an additional two-year sentence and was releasing Alexander to community control.
As she left the courthouse, Alexander read a prepared statement:
"Today, after the sentence given by Judge Daniel, my family and I will be able to move on with our lives. Although the journey has been long and there's been many difficult moments, I could not have arrived here, where I am today, without the thoughts, many thoughts and many prayers of so many people who voiced their support and encouragement. Words can never express my gratitude for those who stood beside me, including my children and family. I am also grateful that Judge Daniel approached this case with such care and diligence."
(Excerpt) Read more at news4jax.com ...
http://en.wikipedia.org/wiki/Marissa_Alexander_case
She lost any chance of “Stand Your Ground” when she went to the garage to get the gun and return
If I’m remembering the details correctly
“I FEARED FOR MY LIFE!”
“I want a lawyer”
These are the ONLY words that should come out of your mouth.
When the cops keep insisting that they need to know what happened, you just keep repeating those lines.
It’s not like there’s anything else you can say that’s going to have you back to your TV and easy chair anytime soon.
Actually, in neither case was Stand Your Ground implicated.
She lost an chance of self-defense when she went to the garage to get the gun and return. Stand Your Ground refers to a specific element, the duty to retreat, that was not a factor in this case.
One more thing: “I am not feeling well and need medical attention.”
The best background and analysis on this case can be found at legalinsurrection.com
just enter her name in their search bar
But that never stopped the Left from claiming that it played a part
On September 26, 2013, an appellate court ordered a new trial, finding that the jury instructions in Alexander’s trial impermissibly shifted the burden of proof from the prosecution to the defense. Alexander was released on bail on November 27, 2013 and required to stay under house arrest. Corey announced that she intended to re-prosecute Alexander, this time aiming for three consecutive 20 year sentences, amounting to a mandatory 60 year sentence if Alexander is found guilty in a second trial
She says she tried to escape through the garage but couldn’t get the door to open.
correction...I guess she did try to claim “self defense”.
That got shot down by investigators...
It seems she was the only one who couldn’t get the door to work. Before or after.
and she never tried to exit the front or back door
I must have had a remote lobotomy or alien abduction. I have not one shred of recollection of this case.
I just read some of it. Her defense does look pretty weak.
Claiming Self Defense was a long shot.
But a big beef of mine, is that people claim Stand Your Ground is the legal equivalent of Self Defense.
Our presstitutes are dumb. This one might have intended ‘invoked’ in that slot, but the index of dumbery was too high.
It was Wikipedia. That article has been cleaned up before. Some Alexander defender has gone in and edited things. “Invoked” wouldn’t be right either. Neither Zimmerman had no opportunity to retreat, and Alexander wasn’t acting in self-defense.
Depends on what you have in your blood stream. If the tech takes a sample for medical tests, the prosecutor might just need a subpoena instead of a search warrant to find out what you've consumed.
Not dispositive of self-defense. She could have felt threatened, went to the garage to get the gun, just in case, because she was fearful. If he goes after her after that, then it is still self-defense. If she goes after him, now that she has a gun, then it is no longer self-defense.
I think you have the right case. However you aren’t required to retreat from your home. Considering who prosecuted the case I’ll side with her.
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