Archive for the ‘George Zimmerman’ Category

Man who shot at George Zimmerman says judge made errors in sentencing – MyStatesman.com

The man convicted last year of trying to kill George Zimmerman will be back in a Florida courtroom next week.

>> Read more trending news

Matthew Apperson filed a motion in Seminole County, asking the judge to correct errors he claims were made with the sentence he received.

The motion asks the judge to correct the sentence on the count for aggravated assault with a firearm.

Even if Apperson wins, it will have no effect on his prison sentence unless his case is overturned on appeal.

Apperson was sentenced to a minimum of 20 years in prison in October on a charge of second-degree attempted murder stemming from a 2015 road rage incident with Zimmerman.

Apperson claimed throughout the trial that he was defending himself. He is also serving 15 years on a charge of shooting into an occupied vehicle and aggravated assault with a firearm.

According to a 77-page motion, Apperson accused the court of sentencing errors in regard to those two charges.

"It's important in any prosecution that the court gets it right," WFTV legal analyst Bill Sheaffer said.

Sheaffer said that even if the judge corrects Apperson's sentencing guidelines, it will have little impact on his overall sentencing, because his sentences are running concurrently.

"The only way this is going to make any difference is if he wins his appeal on the attempted murder charge. Otherwise he is going to be serving that mandatory 20-year sentence on that charge," Sheaffer said.

The case is still pending.

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Man who shot at George Zimmerman says judge made errors in sentencing - MyStatesman.com

Florida strengthens ‘stand your ground’ rule used in Trayvon Martin case – RT

Published time: 11 Jun, 2017 14:55 Edited time: 12 Jun, 2017 06:43

Florida has passed legislation that strengthens the controversial stand your ground law which was central to jury deliberations during the trial of Trayvon Martins killer, George Zimmerman.

The new law places the burden of proof in stand your ground pretrial hearings on prosecutors, who must now show a stand your ground defense is not applicable.

It was previously up to defendants to prove their use of force was legitimate but now prosecutors must show beyond a reasonable doubt that defendants were not acting in self defense.

READ MORE: Media access to Florida Stand Your Ground details could be drastically reduced

Republican Gov. Rick Scott signed SB 128 on Friday. Scott is supported by the National Rifle Association (NRA), which gave him an A rating and celebrated the passing of the law, saying it restores the presumption of innocence in self-defense cases by putting the burden of proof BACK ON THE STATE where it belongs.

Trayvon Martin, an unarmed black teenager, was shot dead by George Zimmerman in 2012. During Zimmerman's trial, the jury were told about the stand your ground law, which cites the right to stand your ground and defend yourself.

The 2005 law allows defendants to claim self-defense in situations where they say they feel their lives are in danger. It removes the legal responsibility to retreat from a dangerous situation and allows the use of deadly force when threatened.

Zimmerman was not arrested immediately after he killed Martin as a result of the law, but was later charged after national outcry and the appointment of a special prosecutor to the case. Zimmerman was acquitted of subsequent charges in court, sparking fierce debate about the legitimacy of the stand your ground defense.

A task force was set up to review the stand your ground law, but efforts to repeal it were struck down by a Republican-controlled House in 2013.

Critics of the bill cited concerns that it would make gun owners more likely to shoot first and ask questions later.

The National Rifle Association supported the earlier 2005 stand your ground law, saying such laws are important for defending citizens rights to protect themselves.

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Florida strengthens 'stand your ground' rule used in Trayvon Martin case - RT

Man who shot at George Zimmerman says judge made errors in sentencing – MyPalmBeachPost

The man convicted last year of trying to kill George Zimmerman will be back in a Florida courtroom next week.

>> Read more trending news

Matthew Apperson filed a motion in Seminole County, asking the judge to correct errors he claims were made with the sentence he received.

The motion asks the judge to correct the sentence on the count for aggravated assault with a firearm.

Even if Apperson wins, it will have no effect on his prison sentence unless his case is overturned on appeal.

Apperson was sentenced to a minimum of 20 years in prison in October on a charge of second-degree attempted murder stemming from a 2015 road rage incident with Zimmerman.

Apperson claimed throughout the trial that he was defending himself. He is also serving 15 years on a charge of shooting into an occupied vehicle and aggravated assault with a firearm.

According to a 77-page motion, Apperson accused the court of sentencing errors in regard to those two charges.

"It's important in any prosecution that the court gets it right," WFTV legal analyst Bill Sheaffer said.

Sheaffer said that even if the judge corrects Apperson's sentencing guidelines, it will have little impact on his overall sentencing, because his sentences are running concurrently.

"The only way this is going to make any difference is if he wins his appeal on the attempted murder charge. Otherwise he is going to be serving that mandatory 20-year sentence on that charge," Sheaffer said.

The case is still pending.

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Man who shot at George Zimmerman says judge made errors in sentencing - MyPalmBeachPost

Florida law shifts burden of proof in ‘stand your ground’ – News Talk Florida

TALLAHASSEE, Fla. (AP) Florida became the first state with a law that spells out that prosecutors, and not defendants, have the burden of proof in pretrial stand your ground hearings when Republican Gov. Rick Scott signed a bill Friday.

The measure was among 16 bills that Scott signed, including a bill that gives students and school employees a broader right to express their religious viewpoint in schools.

The stand your ground bill was fought by prosecutors who say it will make their job more difficult to convict people who commit acts of violence and claim self-defense.

The Florida Supreme Court ruled in 2015 that defendants have to prove in pretrial hearings that they were defending themselves in order to avoid prosecution on charges for a violent act.

That led Republicans to seek to shift that burden. They argued that it protects a defendants constitutional right that presumes they are innocent until proven guilty. But opponents said it will embolden people to shoot to kill, and then claim self-defense knowing that the only witness against them can no longer testify.

Only four of the other 21 states with stand your ground laws mention burden of proof Alabama, Colorado, Georgia and South Carolina and all place it on defendants.

Many states have long invoked the castle doctrine, allowing people to use deadly force to defend themselves in their own homes.

Florida changed that in 2005, so that even outside a home, a person has no duty to retreat and can stand his or her ground anywhere they are legally allowed to be. Other states followed suit, and stand your ground defenses became much more common in pre-trial immunity hearings and during trials.

The 2012 killing of unarmed teenager Trayvon Martin by neighborhood watch volunteer George Zimmerman opened a debate about the limits of self-defense, and it hasnt let up since Zimmerman was acquitted of second-degree murder after jurors received instructions on Floridas stand your ground law.

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Florida law shifts burden of proof in 'stand your ground' - News Talk Florida

Man who shot at George Zimmerman files motion claiming judge made errors in sentencing – WFTV Orlando

by: Jeff Levkulich Updated: Jun 9, 2017 - 7:43 PM

The man convicted last year of trying to kill George Zimmerman will be back in a Seminole County courtroom next week.

Matthew Apperson filed a motion asking the judge to correct errors he claims were made with the sentence he received.

The motion asks the judge to correct the sentence on count three, which is aggravated assault with a firearm.

Even if he wins, it will have no effect on his prison sentence, unless his case is overturned on appeal.

Apperson was sentenced to a minimum of 20 years behind bars in October on a charge of second-degree attempted murder stemming from a 2015 road rage incident with Zimmerman on Lake Mary Boulevard.

Apperson claimed throughout the trial that he was defending himself.

He is also serving 15 years on a charge of shooting into an occupied vehicle and aggravated assault with a firearm.

According to a 77-page motion, Apperson accused the court of sentencing errors in regard to those two charges.

"It's important in any prosecution that the court gets it right," said WFTV legal analyst Bill Sheaffer.

Sheaffer said that even if the judge corrects Apperson's sentencing guidelines on counts two and three, it will have little impact on his overall sentencing, because his sentences are running concurrently.

"The only way this is going to make any difference is if he wins his appeal on the attempted murder charge. Otherwise he is going to be serving that mandatory 20-year sentence on that charge," Sheaffer said.

Sheaffer added that if Apperson hits a home run with his legal hurdles, he could knock a year and a half off his sentence for the lesser charges.

The case is still pending.

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Man who shot at George Zimmerman files motion claiming judge made errors in sentencing - WFTV Orlando