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'Stand Your Ground' ruling unconstitutional, judge says (Florida)
BayNews9 ^ | Monday, July 03, 2017, 12:28 PM EDT | Staff

Posted on 07/03/2017 10:44:16 AM PDT by rarestia

MIAMI --

A judge has ruled that Florida's lawmakers overstepped their authority in updating the state's "Stand Your Ground" ruling.

Ruling issued Monday by Miami-Dade circuit judge Was signed into law in June by Gov. Rick Scott

In ruling the law unconstitutional, Miami-Dade Circuit Judge Milton Hirsch said Monday that the changes should have been crafted by the Florida Supreme Court instead of by the Legislature.

The Miami Herald reports that the 14-page order is a victory for prosecutors who have firmly opposed the law.

Critics have said the law makes it easier for defendants to get away with murder and other violent crimes.

The Legislature modified the 2005 statute and Gov. Rick Scott signed it into law in June. The bill was backed by the National Rifle Association.

Under the law, prosecutors must prove by "clear and convincing" evidence that someone wasn't acting in self-defense.


TOPICS: Breaking News; Constitution/Conservatism; Government; US: Florida
KEYWORDS: banglist; florida; localnews; miltonhirsch; nut; ruling; standyourground
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To: Hyman Roth

No. It needs to go to the executive and legislative via impeachment proceedings. The people need to adjust such tyrannical acts themselves.


141 posted on 07/05/2017 6:36:21 AM PDT by Manly Warrior (US ARMY (Ret), "No Free Lunches for the Dogs of War")
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To: edwinland

The FL state constitution gives the judiciary branch the power to make and enforce procedural court law. So the FL supreme court could sustain, reverse or clarify how “stand your ground” is procedurally implemented in the courts, or the FL legislature keep this law by re-voting and obtaining a 2/3 majority in both houses.


142 posted on 07/05/2017 6:40:36 AM PDT by Steely eyed killer of the deep (When in the course of human events...)
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To: E. Pluribus Unum

What is the legislative branch supposed to do?

Impeach and Remove judge’s that “craft” legislation.


143 posted on 07/05/2017 7:56:01 AM PDT by eyeamok (Idle hands are the Devil's workshop)
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To: rarestia
Judge Milton Hirsch said Monday that the changes should have been crafted by the Florida Supreme Court

Hmm... Sounds like both Florida's legislature and its Supreme Court share the legislative role.

Who knew?

144 posted on 07/05/2017 9:34:08 AM PDT by newgeezer (It is [the people's] right and duty to be at all times armed. --Thomas Jefferson, 1824)
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To: knarf

this is an elected judge. HOWEVER judges rarely get opposition because a lawyer does not run against one judge, a lawyer runs against that judge and ALL the other judges who want to protect their job security.

Miami is a banana republic. This is janet reno’s prosecutors.


145 posted on 07/05/2017 12:12:56 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: E. Pluribus Unum

Judges DESPISE civil rights self help. Judge do now want citizens, they want snowflakes that cry for help in front of them.


146 posted on 07/05/2017 12:20:42 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: windsorknot

this same judge would tell a citizen in their court to “write to you legislator if you did not like the law”.

So this judge in his anti second amendment civil rights opinion go the other way to fix this.

This is Miami and their appellate courts must be equally loony.


147 posted on 07/05/2017 12:24:30 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: rarestia

Judge Milton Hirsch, you complete and total pinhead constitutional MORON, prepare to be bitch-slapped into next year by a higher court. You are more deserving of a public shaming than any person on this earth.


148 posted on 07/05/2017 12:31:49 PM PDT by commish (Freedom tastes Sweetest to those who have fought to preserve it!)
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To: rarestia

“Judge Milton Hirsch said Monday that the changes should have been crafted by the Florida Supreme Court instead of by the Legislature.”

SAY WHAT?!!


149 posted on 07/05/2017 2:14:55 PM PDT by LeoTDB69
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To: rarestia

How the hell could such an absolute moron become a judge?
Answer; He knows his ruling is bullshit, but also knows he can keep the law from being enforced while it is tied up in court.
Typical libtard tactic, you lose elections or don’t like a law, tie it up in court.


150 posted on 07/05/2017 3:45:08 PM PDT by WP Lonestar (No matter where you go, there you are)
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