Marissa Alexander was back in court today for a pre-trial hearing on whether she will be granted yet another shot at self-defense immunity under Florida statute FL 776.032: Immunity from criminal prosecution and civil action for justifiable use of force.
In what has become an all too familiar pattern in this case, however, Duval County Circuit Court Judge James Daniel decided to punt the decision further down the calendar. Whether to allow a self-defense immunity hearing is now delayed until August 1.
The Issues Prompting Judge Daniel’s Delay on Self-Defense Immunity Decision
As reported at First Coast News and other news media, Judge Daniel appears to be struggling with two issues in particular.
The first is whether a defendant should ever be permitted to have multiple self-defense immunity hearings. The concern here is that defendants will simply seek successive self-defense immunity hearings every time an earlier one goes against them, resulting in long delays in trial.
On this point the defense, in the person of high-profile litigator Faith Gay, is arguing that they have new evidence–notably, the changed testimony of one of the minor children at which Alexander fired her bullet, who they say is now prepared to testify that their father charged Alexander and thus justified her use of deadly force in self-defense. Of course, this new evidence, even if true, does nothing to change the fact that Alexander had achieved a position of safety, armed herself with a firearm, and returned to the conflict, behavior utterly inconsistent with any reasonable claim of self-defense.
To read the whole thing, hop on over to the full-length post at Legal Insurrection:
FYI, for those of you near Charlotte, NC, don’t forget I have “Law of Self Defense Seminar” taking place there this coming Saturday, June 21. The following weekend I’m back at the Sig Sauer Academy, where I’m a Guest Instructor, holding a “Law of Self Defense Seminar” on Sunday, June 29.
Andrew F. Branca is an MA lawyer and the author of the seminal book “The Law of Self Defense, 2nd Edition,” available at the Law of Self Defense blog and Amazon.com (paperback and Kindle). He holds many state-specific Law of Self Defense Seminars around the country, and produces a series of Law of Self Defense Videocasts and Podcasts available on iTunes, Stitcher, and RSS).