Marissa Alexander denied second 'stand your ground' immunity hearing
No new immunity hearing.
Prosecutor will seek 60 years, 20 first trial. The prosecutor, Angela Corey---lost the Zimmerman case.
<But Daniel, whose original decision was reversed by the 1st District Court of Appeal in September, wrote that the appellate ruling addresses only his instructions to the jury, not the basic facts of the case — and that Alexander still does not merit a “stand your ground” hearing.
“In reversing the defendant’s judgment and sentence and ordering a new trial, the First District expressly held, ‘(w)e reject (the defendant’s) contention that the trial court erred in declining to grant her immunity from prosecution under Florida’s Stand Your Ground Law, but we remand for a new trial because the jury instructions on self-defense were erroneous,’ “ Daniel noted.
Daniel had instructed the jury that Alexander had to show “beyond a reasonable doubt” that she feared bodily harm at the hands of her husband, Rico Gray, in order to prove she acted in self-defense. Instead, the jury convicted her of aggravated assault with a deadly weapon, which carries a mandatory sentence of 20 years under Florida’s 10-20-Life law.
The appeals court ruled that Daniel’s instructions put too much of a burden on Alexander.
“The basic outlines of her claim and the victim’s claim have not changed at all,” Daniel wrote.
The judge also ruled that the new law cannot be applied retroactively.>
No new immunity hearing.
Prosecutor will seek 60 years, 20 first trial. The prosecutor, Angela Corey---lost the Zimmerman case.
<But Daniel, whose original decision was reversed by the 1st District Court of Appeal in September, wrote that the appellate ruling addresses only his instructions to the jury, not the basic facts of the case — and that Alexander still does not merit a “stand your ground” hearing.
“In reversing the defendant’s judgment and sentence and ordering a new trial, the First District expressly held, ‘(w)e reject (the defendant’s) contention that the trial court erred in declining to grant her immunity from prosecution under Florida’s Stand Your Ground Law, but we remand for a new trial because the jury instructions on self-defense were erroneous,’ “ Daniel noted.
Daniel had instructed the jury that Alexander had to show “beyond a reasonable doubt” that she feared bodily harm at the hands of her husband, Rico Gray, in order to prove she acted in self-defense. Instead, the jury convicted her of aggravated assault with a deadly weapon, which carries a mandatory sentence of 20 years under Florida’s 10-20-Life law.
The appeals court ruled that Daniel’s instructions put too much of a burden on Alexander.
“The basic outlines of her claim and the victim’s claim have not changed at all,” Daniel wrote.
The judge also ruled that the new law cannot be applied retroactively.>
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