Legal Topics

Criminal Law — Statutory Immunity — Stand Your Ground Law — Amendment To Statute Placing Burden Of Proof On State To Overcome Immunity Claim By Clear And Convincing Evidence Does Not Apply

May 02nd, 2019 in News by admin

Criminal law — Statutory immunity — Stand Your Ground law — Amendment to statute placing burden of proof on state to overcome immunity claim by clear and convincing evidence does not apply to instant case which matured prior to enactment of amendment — Accordingly, defendant had burden of proving by preponderance of evidence that he reasonably believed use of deadly force was necessary to prevent imminent death or great bodily harm to himself or others — Defendant failed to prove by preponderance of evidence that it was reasonable to respond to victim’s non-deadly force with deadly force — Motion for immunity denied — Court notes that state did not prove by clear and convincing evidence that defendant was not in reasonable fear of death or great bodily harm, and if higher court later finds that amended statute applies, defendant’s motion for immunity should be granted