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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: rarestia

Another rogue judge usurping legislative authority. Judicial tyranny seems to be the status quo. We are being ruled by wizards in black robes.


21 posted on 07/03/2017 10:55:51 AM PDT by windsorknot
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To: rarestia

Is this satire?


22 posted on 07/03/2017 10:55:51 AM PDT by gogeo (When your life is based on a false premise...you are indeed insane.)
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To: rarestia

the changes should have been made by the court
!!!!!!! HUH.

This judge needs to be removed ASAP, and yet again we see yet another judge from a liberal part of a state ruling as if he as ot read the law , or the Constitution.


23 posted on 07/03/2017 10:55:59 AM PDT by manc ( If they want so called marriage equality then they should support polygamy too.)
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To: rarestia
What an outrage!

Obama Warns People To Reject Voices That Warn About Government Tyranny

24 posted on 07/03/2017 10:58:32 AM PDT by Maceman (Let's ban Muslims temporarily -- just until non-Muslims can freely practice their religions in Mecca)
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To: rarestia

Wow unconstitutional, meaning the Stata of Florida constitution? I assume this is going to the Florida Supreme Court. Not sure the make up there.


25 posted on 07/03/2017 10:58:43 AM PDT by poinq
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To: Jimmy The Snake
particularly since the latest model is quite impressive


26 posted on 07/03/2017 11:01:32 AM PDT by xp38
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To: rarestia

An elected judge.


27 posted on 07/03/2017 11:02:29 AM PDT by <1/1,000,000th%
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To: rarestia

If I remember correctly, wasn’t the “Duty to flee” laws written to prevent blacks from defending their homes from the boys in the white hoods?


28 posted on 07/03/2017 11:06:46 AM PDT by Ruy Dias de Bivar
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To: armourenthusiast

“Miami is not, and has never been, a sanctuary city,” Hirsch wrote in his ruling. “But America is, and has always been, a sanctuary country.”

Wow.


29 posted on 07/03/2017 11:07:32 AM PDT by jonno (Having an opinion is not the same as having the answer...)
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To: xp38

Pfft. It’s a 4 door. Sucks.


30 posted on 07/03/2017 11:07:48 AM PDT by Safetgiver (Islam makes barbarism look genteel.)
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To: rarestia

I would say, “Impeach this judge!”


31 posted on 07/03/2017 11:07:51 AM PDT by Twotone
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To: rarestia

Another judge who is confused as to what his job is.

He thinks he’s a legislator.


32 posted on 07/03/2017 11:10:31 AM PDT by Vlad The Inhaler (Best Long Term Prepper Tactic: Beat The Muslim Demographic Tsnami - Have Big Families)
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To: rarestia

So a CIRCUIT Judge thinks that he outranks the ELECTED REPRESETNATIVES of the PEOPLE?

He needs to be run out of office on a rail.


33 posted on 07/03/2017 11:10:50 AM PDT by Buckeye McFrog
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To: Hyman Roth

Since it’s a completely inept ruling, I imagine it will crash and burn long before it gets to the Supremes.


34 posted on 07/03/2017 11:12:12 AM PDT by JennysCool
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To: Safetgiver

They do have a coupe but I like the 4 door design better. To each his own.


35 posted on 07/03/2017 11:13:50 AM PDT by xp38
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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.

Uhmmmm.....?


36 posted on 07/03/2017 11:14:39 AM PDT by Vendome (I've Gotta Be Me - https://www.youtube.com/watch?v=wH-pk2vZG2M)
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To: rarestia
"the changes should have been crafted by the Florida Supreme Court instead of by the Legislature"

My 8th grade civics teacher would disagree.

37 posted on 07/03/2017 11:14:43 AM PDT by lacrew
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To: messierhunter
> Since when are the courts in charge of writing legislature?!

Since Marbury v. Madison:


38 posted on 07/03/2017 11:14:59 AM PDT by SecondAmendment (Restoring our Republic at 9.8357x10^8 FPS)
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To: The Toll

Yep! I certainly do. And those public places with the “no guns” signs posted? I carry there, too. Screw them. I WILL have the means to protect myself and my family. At. All. Times. No law or “policy” or “rule” will restrict my God given right to self-preservation.

And the judge waaaay overstepped. Judges do not make law. Should be struck down. Why is this so hard to understand for leftists?


39 posted on 07/03/2017 11:15:49 AM PDT by Maskot (Obama lied, Susan Rice lied, They ALL lied)
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To: rarestia

Someone posted the link to the actual decision above and it’s worth reading. I haven’t finished it yet but it’s pretty clear that the idea that “the legislature makes the law and the judiciary applies it” is not that simple under the Florida constitution. The judge’s point is that the power to make procedural rules for the court in Florida is vested not in the legislature but in the Florida Supreme court, and the judge is not objecting to the concept of stand your ground but the way it is implemented procedurally in Florida. So far I still think his argument is a stretch but I will say it’s not as simple as you would think just reading the article.


40 posted on 07/03/2017 11:16:13 AM PDT by edwinland
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