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The Range
Law & Order
Home Intruder Claims "Stand Your Ground" Law for His Defense
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<blockquote data-quote="henschman" data-source="post: 2244630" data-attributes="member: 4235"><p>According to the article, this hearing before the SC Supreme Court is only on the issue of "when in a trial a judge should hold a hearing about evidence that a defendant used deadly force because he claimed he feared for his life." It is not on the issue of whether the defense should apply in this case -- as others have mentioned, it clearly does not. It is likely that SYG is fairly new in SC, and they haven't developed a whole lot of precedent on when and how evidentiary hearings are conducted to decide if the defense applies. The SCSC will make a ruling that will apply in all future proceedings in which the defense is asserted. I think everybody involved realizes that the defense is BS in this situation... the issue is just how it is procedurally handled when someone claims a defense under this statute.</p></blockquote><p></p>
[QUOTE="henschman, post: 2244630, member: 4235"] According to the article, this hearing before the SC Supreme Court is only on the issue of "when in a trial a judge should hold a hearing about evidence that a defendant used deadly force because he claimed he feared for his life." It is not on the issue of whether the defense should apply in this case -- as others have mentioned, it clearly does not. It is likely that SYG is fairly new in SC, and they haven't developed a whole lot of precedent on when and how evidentiary hearings are conducted to decide if the defense applies. The SCSC will make a ruling that will apply in all future proceedings in which the defense is asserted. I think everybody involved realizes that the defense is BS in this situation... the issue is just how it is procedurally handled when someone claims a defense under this statute. [/QUOTE]
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Home Intruder Claims "Stand Your Ground" Law for His Defense
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