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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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I don't even know what to say.
1 posted on 07/03/2017 10:44:16 AM PDT by rarestia
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To: rarestia
Simple.

The judge is an asshole and should be removed.

The judiciary does not make law.

2 posted on 07/03/2017 10:45:31 AM PDT by knarf (I say things that are true, I have no proof, but they're true.)
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To: rarestia

Wow, talk about legislating from the bench!


3 posted on 07/03/2017 10:46:22 AM PDT by sevlex
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To: rarestia

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.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Somebody flunked 9th grade civics.


4 posted on 07/03/2017 10:46:38 AM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here Of Citizen Parents - Know Islam, No Peace -No Islam, Know Peace)
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To: rarestia

“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.”
Since when are the courts in charge of writing legislature?! This turns the entire structure of government on its head.


5 posted on 07/03/2017 10:46:49 AM PDT by messierhunter
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To: Lurkinanloomin

they don’t teach Civics anymore.


6 posted on 07/03/2017 10:47:54 AM PDT by Jimmy The Snake
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To: rarestia
changes should have been crafted by the Florida Supreme Court instead of by the Legislature.

HUH? The legislature makes/changes laws.

7 posted on 07/03/2017 10:48:10 AM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: rarestia

Wow. Now we have an Emperor of Florida.


8 posted on 07/03/2017 10:48:35 AM PDT by Salvavida (The restoration of the U.S.A. starts with filling the pews at every Bible-believing church.)
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To: rarestia

An elected judge. I doubt that he will be re-elected.


9 posted on 07/03/2017 10:49:14 AM PDT by Pearls Before Swine
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To: rarestia

Carry a gun, all the time. I don’t care what tyrants think. If someone tries to assault you or your loved ones. Burn them down!


10 posted on 07/03/2017 10:49:20 AM PDT by The Toll
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To: rarestia
"...changes should have been crafted by the Florida Supreme Court instead of by the Legislature...."

Sure. All laws should originate from the Judiciary.
In between making the sun rise and set each day.

11 posted on 07/03/2017 10:49:25 AM PDT by Psalm 73 ("Gentlemen, you can't fight in here - this is the War Room".)
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To: rarestia

This needs to go to the Supremes. Gee Whiz


12 posted on 07/03/2017 10:49:25 AM PDT by Hyman Roth
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To: rarestia
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.

So the judicial branch is supposed to "craft" legislation?

What is the legislative branch supposed to do?

13 posted on 07/03/2017 10:50:00 AM PDT by E. Pluribus Unum (Some people consider government to be a necessary evil, others their personal Ponzi scheme.)
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To: rarestia

Boy, the Left is attacking us in every sphere they can. Since they don’t have any legislatures in any of the southern states, they have to use what judiciary they have to strike back at normal people who want to defend ourselves from the Democrat constituents and operatives who want to murder us and take what we have.


14 posted on 07/03/2017 10:51:46 AM PDT by backwoods-engineer (Trump won; I celebrated; I'm good. Let's get on with the civil war now.)
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To: rarestia
From University of Miami Law School webpage re: Judge Hirsch Hon. Milton Hirsch Adjunct Faculty, J.D. Program Milton Hirsch is a judge of the Eleventh Circuit of Florida. Formerly he was a Florida Criminal Defense Attorney with Milton Hirsch, P.L.L.C. Prior to that he was with the Office of the State Attorney in Miami-Dade County, where he rose to assistant chief of narcotics prosecution. Hirsch has a Juris Doctor from Georgetown University Law Center. He is a past president of the Florida Association of Criminal Defense Lawyers, Miami chapter, and was named in The Best Lawyers in America.

In 2004, Hirsch's novel, The Shadow of Justice, won the first-place award presented by the Midwest Independent Publishers Association in the mystery/suspense category.

Hirsch teaches Florida Criminal Procedure and the Law of Exoneration of the Innocent. ============================================================ Methinks someone needs to stick to writing mysteries.

15 posted on 07/03/2017 10:54:13 AM PDT by ripnbang ("An armed man is a citizen, an unarmed man, a subject.")
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To: rarestia

Isn’t making the laws, the role of the legislature, not the courts? Am I to understand that Florida is different?


16 posted on 07/03/2017 10:54:15 AM PDT by Reno89519 (Drain the Swamp is not party specific. Lyn' Ted is still a liar, Good riddance to him.)
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To: rarestia

http://www.miamiherald.com/latest-news/article159401234.ece/binary/HirschRuling

Link to opinion. I hope this is appealed. The legislature acted because prosecutors and courts are out of control


17 posted on 07/03/2017 10:54:57 AM PDT by Cboldt
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To: rarestia
This liberal judge doesn't want anyone to cooperate with ICE either.

NBC: Judge rules against ICE

18 posted on 07/03/2017 10:55:01 AM PDT by armourenthusiast (Trumperific)
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To: rarestia

so when did “presumption of innocence” become unconstitutional? I hope the FL legislature impeaches & removes that idiot.


19 posted on 07/03/2017 10:55:09 AM PDT by erkelly
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To: rarestia

Commie goal #16 achieved.

16. Use technical decisions of the courts to weaken basic American institutions by claiming their activities violate civil rights.


20 posted on 07/03/2017 10:55:47 AM PDT by ColdOne ((I miss my poochie... Tasha 2000~3/14/11~ Best Election Ever! “Laughing my #Ossoff)
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