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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

What part of the constitution, specifically, is he citing?


61 posted on 07/03/2017 11:35:44 AM PDT by meyer (The Constitution says what it says, and it doesn't say what it doesn't say.)
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To: rarestia
"easier for defendants to get away with murder....

"must prove by "clear and convincing evidence..."

You mean we're expected to presume innocence?

62 posted on 07/03/2017 11:37:15 AM PDT by fruser1
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To: rarestia

Yet another activist judge.

JoMa


63 posted on 07/03/2017 11:48:05 AM PDT by joma89
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To: rarestia

quote “the changes should have been crafted by the Florida Supreme Court instead of by the Legislature”

???

what alternate universe does this guy live in?


64 posted on 07/03/2017 11:48:09 AM PDT by TexasFreeper2009 (Make America Great Again !)
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To: rarestia

So according to Judge Milton Hirsch laws are made by judges wearing Auto De Fe style robes and not by elected representatives of a legislature?


65 posted on 07/03/2017 11:50:11 AM PDT by fella ("As it was before Noah so shall it be again,")
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To: E. Pluribus Unum
What is the legislative branch supposed to do?

My guess? Blow smoke up proles butts to keep them thinking they voted for some Constitutional governance, plus clean the Womynz room at the courts building.

66 posted on 07/03/2017 11:53:14 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: knarf

Simple.
The judge is an asshole and should be removed.

The judiciary does not make law.
_______________________________________________________

Imo, the judge is a criminal. It may not be law yet, but it damn well needs to be made law soon, if there’s going to be any respect for the rule of law.

Break your oath of office or break the boundaries set for your office or in any way attempt to mutate the meaning of The Constitution to fit your own whims and desires, go to prison.


67 posted on 07/03/2017 11:53:30 AM PDT by Grimmy (equivocation is but the first step along the road to capitulation)
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Comment #68 Removed by Moderator

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.

Excuse me? Are you serious? These Leftist activist judges are now not just covertly changing the law, but here overtly and openly demanding the judiciary wench the lawmaking power from the legislature which of course undermines the protective separation of powers. Incredible. How I hate the Left.

69 posted on 07/03/2017 11:56:38 AM PDT by Jim W N
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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.

Excuse me?

70 posted on 07/03/2017 11:57:50 AM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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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.

I saw this and I really had to check whether the source was a satire site. I couldn't believe that any judge would be that openly arrogant.

71 posted on 07/03/2017 11:59:57 AM PDT by KarlInOhio (a government contract becomes virtually a substitute for intellectual curiosity - Pres. Eisenhower)
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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.

Is this a joke?


72 posted on 07/03/2017 12:00:56 PM PDT by major-pelham
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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.

Me thinks that there is at least one Miami-Dade Circuit Court judge that needs replacement STAT, if he/she/it isn't aware of the different powers between the legislative and judicial branches.

Where is the Fed DOJ on this???

73 posted on 07/03/2017 12:02:28 PM PDT by publius911 (Less Tweets More Golf! it works!!!)
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To: edwinland
The judge says all burden issues are matters of procedure, and so are set by SCOFLA, not by the legislature, unless by 2/3rds majority.

But see the following Florida Satutes that contain burden material:

768.72 Pleading in civil actions; claim for punitive damages
768.725 Punitive damages; burden of proof
775.027 Insanity defense
777.201 Entrapment

74 posted on 07/03/2017 12:06:21 PM PDT by Cboldt
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To: E. Pluribus Unum
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.
What is the legislative branch supposed to do?

Control World Climate and sea levels, of course.

You know, the little stuff...

75 posted on 07/03/2017 12:08:55 PM PDT by publius911 (Less Tweets More Golf! it works!!!)
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To: rarestia

We really need a conservative group to try to impeach judges that do whatever they please and ignore the law and the constitution. Yes they probably will not be successful, but at least it might make some of these judges rethink their methods.


76 posted on 07/03/2017 12:09:46 PM PDT by Cubs Fan (Liberals are the most hateful, violent and intolerant people in America)
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To: rarestia

If I have this correctly, here we have a judge ordering that legislation be LEGISLATED FROM THE BENCH.

This wannabe little tyrant needs to be impeached and removed from his judgeship, forthwith.


77 posted on 07/03/2017 12:10:47 PM PDT by Yankee (Hillary's loss is tangable proof that God still blesses America.)
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To: Ruy Dias de Bivar

“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?”

I think it was written to get white Southerners to flee their homes from Northern Carpetbaggers and their Yankee enforcers.


78 posted on 07/03/2017 12:11:34 PM PDT by dljordan (WhoVoltaire: "To find out who rules over you, simply find out who you are not allowed to criticize.")
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To: meyer
-- What part of the constitution, specifically, is he citing? --

Florida Constitution, Article V, Section 2(a). He claims that burden shifting and burden quantum (preponderance, clear and convincing, beyond a reasonable doubt) are procedural, so can't be established or changed by "ordinary legislation."

79 posted on 07/03/2017 12:14:14 PM PDT by Cboldt
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To: CharlesWayneCT
The real problem is the headline is “fake news”. The judge was not ruling on “stand your ground”, but now a million people are cheering that “stand your ground” was found “unconstitutional”.

Excellent point. I hadn't thought of that but now that I re-read the article, it makes perfect sense. The author writes that the decision is 14 pages, so he has clearly seen it. If he read it he would know that it's focused on a procedural issue and he is not ruling that the concept of stand your ground is unconstitutional. And yet the quotes in the article are all about the substance of the law rather than the procedural issue.

80 posted on 07/03/2017 12:15:22 PM PDT by edwinland
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