Law is not black or white, it's grey


Florida's Stand Your Ground law January 2017 change

As of January, 2018, the law on Florida's Stand your ground has changed.  In favor of the defense.  Before this case, the State (government) would always say, Judge, the defense needs to put forth a prima facia case first.  They have to put on evidence.  I have gone to hearings where this has happened and the judge required the defense to put on evidence.

This is NOT the law now.  The Jefferson case changed all that.  THe judge must look at the filed motion to dismiss based on immunity under Florida's stand your ground law to see that it is facially sufficient.  If it is, the defense does not have to put on any witnesses or evidence.  The trial court must conduct a hearing.  The state has the burden of proof by clear and convincing evidence.  

This is a win for the defense.