SC Supreme Court hearing on ‘Stand Your Ground’ defense

[PegLeg45]

The reason is ridiculous as far as common sense goes..... but because of the Martin-Zimmerman case, even though "Stand your ground" wasn't an issue in the legal argument, this another front that is under assault.

I really hope this is simply the Court's way of 'tidying up' an issue to prevent it from becoming a commonplace argument.

SC Supreme Court stops murder trial, orders hearing on ‘Stand Your Ground’ defense

An armed intruder is making a “Stand Your Ground” argument in a murder trial, saying he shouldn’t be prosecuted for shooting and killing the man whose home he broke into because it looked as though the man was about to shoot him first.

The state’s 2006 “Stand Your Ground” law effectively allows people to claim “immunity from prosecution” when they have used deadly force to deal with and even kill people in various situations if they believed they were being threatened by them.

On Monday, before a jury had been seated in the trial of murder defendant Gregg Isaac, Columbia defense attorney Mark Schnee told Judge Clifton Newman that Isaac wanted immunity from prosecution in his 2005 shooting and killing of Antonio Corbitt.

Schnee went on to tell Newman that he wanted a hearing on the matter and asked Newman to grant Isaac that immunity. To help his case, Schnee put Isaac on the stand, and Isaac admitted shooting Corbitt at Corbitt’s own apartment on Fernandina Road in April 2005.


--------------------

The idea that an armed, self-confessed home invader should claim immunity from prosecution appeared to amuse Judge Newman.

“It borders on the preposterous for the defendant in this case to claim he was acting lawfully and had the right to kill Mr. Corbitt,” Newman told Schnee in open court.

Newman turned down a request by Schnee to hold a full hearing on the matter.

After the trial began, Schnee had an emergency petition filed with the S.C. Supreme Court, requesting a stay in the trial because Newman turned down the request.

In an unusual move, the Supreme Court granted that stay on Tuesday, on the trial’s second day, causing Newman to halt the trial and dissolve the jury panel.

The Supreme Court – which rarely stops an ongoing trial – said in its order that it wants to hear arguments concerning the state’s 2006 “Stand Your Ground” law, which effectively allows people to claim immunity from prosecution when they have used deadly force to deal with and even kill people who they believe have threatened them in various situations.

The arguments the high court wants to hear apparently don’t involve the substance of the law – they involve at what point in a trial process a judge should hold a full hearing about whether evidence can be introduced about whether the defendant can assert that he enjoys immunity from prosecution because he was in fear for his life when he used deadly force. If a judge were to grant immunity, then a trial would not have to be held.

“The circuit court is without jurisdiction to proceed,” the high court said in its ruling halting the trial. It was signed by Chief Justice Jean Toal.

So Isaac will get to make his “Stand Your Ground” argument again, before the state’s highest court.

--------------------
Read more here:
http://www.thestate.com/2013/07/10/2856356/sc-supreme-court-stops-murder.html

[TAB]

personally, i think if you broke into some ones home, they should get a free pass on at the very least a good ass whippingm

[tombogan03884]

In some states if you are committing a crime no matter who does the shooting the criminal is charged with causing the death.

I don't know if SCOTUS actually ruled on it but Chief Justice Oliver Wendall Holmes had this to say.

"http://townhall.com/columnists/thomassowell/2013/06/25/random-thoughts-n1626472

"Many respectable writers agree that if a man reasonably believes that he is in immediate danger of death or grievous bodily harm from his assailant he may stand his ground and that if he kills him he has not exceeded the bounds of lawful self-defense. That has been the decision of this court." (Justice Oliver Wendell Holmes, Brown v. United States, 1921)

[Solus]

In some, and it should be all, state laws, it states that you have the right to "stand your ground" when threatened in any place you have a legal right to be.

That would eliminate this nonsense.

[MikeBjerum]

This is the reasoning that many Anti's have used for not allowing Stand Your Ground.  However, our brain dead legal system has forgotten that when a person is breaking the law they give up their rights and their legal protections.  I mourn the death of common sense!

[Sponsor]

[kmitch200]

To help his case Schnee put Isaac on the stand, and Isaac admitted shooting Corbitt at Corbitt’s own apartment on Fernandina Road in April 2005.

This idiot helped his case all right. It should now take the jury about 2.5 minutes to convict.

Note to self: Any attorney named Mark Schnee is suspected of buying their law degree on the internet until proven otherwise.

[fightingquaker13]

To help his case Schnee put Isaac on the stand, and Isaac admitted shooting Corbitt at Corbitt’s own apartment on Fernandina Road in April 2005.

This idiot helped his case all right. It should now take the jury about 2.5 minutes to convict.

Note to self: Any attorney named Mark Schnee is suspected of buying their law degree on the internet until proven otherwise.

Bingo! Unless the authors of SC's SYG law were drunk at the time they wrote it (an even money bet in that state) they will have specified the "engaged in a lawful activity" or the like clause. This jackass taking the stand and saying "I shot him after I broke into his home because when he objected I felt threatened" has a precise legal term. Its called a confession. I do wonder where Al is calling for boycotts and marches and holding up pictures of the dead homeowner?

[tombogan03884]

Bingo! Unless the authors of SC's SYG law were drunk at the time they wrote it (an even money bet in that state) they will have specified the "engaged in a lawful activity" or the like clause. This jackass taking the stand and saying "I shot him after I broke into his home because when he objected I felt threatened" has a precise legal term. Its called a confession. I do wonder where Al is calling for boycotts and marches and holding up pictures of the dead homeowner?

Do you think they were drinking water when they wrote the Constitution ,
or while building the Empire State building ?     
The darn country was built on ale, wine, and rum.