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The state of Iowa is fairly new to the Stand Your Ground game. It only recently passed the law, which simply states that there is no duty to retreat from an attacker prior to using lethal force.

Now, it seems the law will get its first test. Unfortunately for one man, it has entered the realm of the bizarre in how its being applied(emphasis mine).

Prior to Gov. Terry Branstad signing the SYG bill passed inApril 2017by the legislature into law, Iowans needed to make a reasonable effortto retreatfrom a perceived danger before using deadly force, unless they were in their homes or reasonably believed themselves to be in immediate danger of death or severe injury.

The facts in the Ped Mall shooting case werent in dispute. Wilson admitted shooting the three men who confronted him on the Ped Mall in the earlier hours of Aug. 27. The prosecution did not dispute that those three men were armed. But in a pre-trial hearing, Judge Paul Miller ruled that whether the SYG law applied in Wilsons case would only be considered in a post-conviction hearing, if he was convicted.

Since the legislature did not specify at what stage in a criminal proceeding a SYG defense should apply, Miller relied on the 1989Iowa Supreme Court rulinginState v. Kingto make his decision. In that case, the defendant claimed a state law providing immunity to anyone reporting a case of child abuse should apply to her, because even though she was the person who injured the child, she was also the person who brought the child to the doctor for treatment. The trial court judge in that case ruled that the immunity claim would not be considered until after the jurys verdict. The state Supreme Court upheld that decision.

Im sorry, but thats just weird.

If the facts are as presented here, it sounds like a slam-dunk case of self-defense. After all, if three armed men confront me, Im not likely to assume theyre merely there because they want to invite me to afternoon tea.

As the original source linked above noted, there is a profound inconsistency in how Stand Your Ground laws are applied. Sometimes law enforcement uses the law to not forward the case to a prosecutor, other times prosecutors use it to justify not prosecuting, and so on. Theres no real rhyme or reason.

Of course, theres a reason for that profound inconsistency.

When an investigator looks at the facts, he may easily be able to tell that its an instance of Stand Your Ground and that theres no reason to forward the case. In others, the investigator may not be so sure and will send it on so an actual attorney can take a look. Still, other times, judges see where a case should never have come to trial, so they dismiss it.

Even non-Stand Your Ground related self-defense cases go through similar inconsistencies.

That said, having a trial first andthen a hearing to determine if a Stand Your Ground law applies goes beyond the ridiculous. Why waste taxpayer money on a trial when a hearing may invalidate it in the first place? Why not have the hearing first so as to avoid the hassle of a trial if its determined to apply to the defendant?

Honestly, this makes no sense at all. Absolutely none.

See more here:
Iowa's First Test Of 'Stand Your Ground' Law Enters Realm ...

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WEST PALM BEACH (CBSMiami) A deputy, previously charged with manslaughter, could soon be back on patrol.

This after an appeals court upheld the dismissal of a manslaughter charge against BSO Deputy Peter Peraza for shooting and killingJermaine McBean who was holding an air rifle.

The court had been trying to decide whether Floridas Stand Your Ground law was applied correctly in the case.

As far as Deputy Peraza is concerned, based upon my review of the opinion, its game over for him. In other words, I believe that hes prevailed, said Perazas attorneyEric Schwartzreich.

Investigators say McBean, was carrying an unloaded air rifle into his Oakland Park apartment complex back in 2013 when Deputy Peraza shot and killed him.

In this undated photo provided by Jennifer Young, Jermaine McBean, left, with his grandmother Sylvia McDonald pose for a photo at Jermaines graduation from Pace University. Jermaine McBean was shot by a sheriffs deputy while carrying an air rifle in 2013. (Source: AP)

Perazas attorney said his client was trying to defend himself when he shot at McBean and that stand your ground applies since he gets the same protection as everyone else.

Deputy Peraza should have never been charged and the men and women that wear the uniform need to know that based upon this ruling they can go out there and keep our community safe and do their job, saidSchwartzreich.

A law enforcement officer is a person as defined in the stand your ground statue. As a result of that, law enforcement officers are allowed to defend themselves, said well-known South Florida attorney David Weinstein.

Prosecutors argued that stand your ground wasnt meant to apply to police officers.

The attorney for the McBean family said they are devastated and still want a jury to decide whether hes guilty or innocent.

The family has been sad since day one. All theyve wanted in this case is for Peraza to have a day in court before a jury in which a jury can hear all of the evidence for and against him, said McBeans family attorney David Schoen. Whatever the cause was for what he did that day, he took a life unlawfully.

McBean, who was a computer engineer, suffered from bi-polar disease and was taking medication. His family believes he bought the air rifle on a whim on that fateful day.

His family said he was wearing earbuds listening to music, and likely never heard the commands to drop his air rifle.

Deputy Peraza said he feared for his life when he opened fire.

McBeans family maintains he never pointed the air gun at anyone.

Their job is to protect the citizens and you dont shoot someone before hes really, actually pointing it at you which didnt happen, said McBeans mother Jennifer Young.

The appeals court also wants Floridas Supreme Court to determine if cops can use stand your ground defense.

More:
Court: 'Stand Your Ground' Law Applies To Deputy Who Killed Man - CBS Miami

OTTUMWA A district court judge has ruled Venhure Tsegay will not be allowed to use Iowas stand your ground law as a defense at his murder trial.

Tsegay is accused of shooting and killing a 16-year-old last fall. Tsegays attorney has filed papers indicating he will use a claim of self defense at trial, and had filed further papers requesting that the law, which went into effect July 1, be retroactively applied to Tsegays pending case.

The court didnt accept that argument. Judge Lucy Gamon said Iowa law applies prospectively, to future cases only, unless the legislature specifically intends a change to be applied retrospectively. Gamon noted the legislators did not do so in this case.

The Iowa legislature did not specify that the stand your ground law was to apply retrospectively. Thus, the Court presumes that the legislature meant the law to apply prospectively only, Gamon wrote.

Gamons ruling bars the defense from using a stand your ground strategy for the time being, but this may not be the final word on the subject. The defense has filed a reply asking that Gamon reconsider. That filing says Gamons ruling did not take into account exceptions to the presumption laws should apply only to future cases.

Other filings in the case indicate the defense has begun the process of deposing witnesses.

Tsegays trial is currently set for mid-October, though delays are common in murder cases. Tsegay faces a life sentence if convicted.

In other area cases:

The defense in the arson and assault case against Michael Heady, Sr., has sought a continuance. The filing says all sides agree on the request. Heady was shot by police after allegedly setting a house on fire in 2016, firing into it, and pointing a rifle at officers.

The city has applied to the court for inspection of Larry Clabaughs property on North Court Street, a site that was the subject of a court fight earlier this year. Clabaugh sought to use the property for a massive car auction. Neighbors and the city objected. The city also accused Clabaugh of multiple violations of city code.

The new filing says Clabaugh has continued to violate municipal ordinances and new violations have also occurred requiring citations. A hearing is scheduled for Sept. 11.

Gregory Hawks charge of assault causing serious injury was dismissed as part of a plea bargain that saw him enter an Alford plea to assault while displaying a dangerous weapon. An Alford plea does not admit guilt, but accepts that there is enough evidence to likely result in such a verdict.

Hawk received a one-year suspended prison sentence on that charge. It will run concurrently with a five-year suspended prison sentence and five years probation on a charge of possession of a controlled substance.

A charge of possessing contraband, specifically a sharpened stick and several other items, has been added to Armando Levyas case. He already faced charges of kidnapping, sexual abuse and assault with the intent to commit sexual abuse.

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Court disallows 'stand your ground' defense - Ottumwacourier

Bradenton Herald

Already charged with murder, Eugene Matthews is now being sued Bradenton Herald Matthews has not denied shooting his gun but his attorney has argued in court that he has a defense based on Florida's Stand Your Ground law because the Rawsons came onto his property unannounced after dark, broke through his locked gate and kicked ...

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Already charged with murder, Eugene Matthews is now being sued - Bradenton Herald

LARGO Charges against a 40-year-old man involved in a fatal scuffle outside a St. Petersburg bar were dismissed this week after his defense attorneys invoked the state's new "stand your ground" law.

Bobby Ryan of St. Petersburg was charged with manslaughter after he was accused of punching Christopher Motlenski, who later died from complications of his injuries. On Thursday, Pinellas-Pasco Circuit Judge Frank Quesada granted his motion to dismiss the case.

Under Florida law, a person "does not have a duty to retreat and has the right to stand his or her ground" if they believe they or others could face imminent death or great bodily harm.

Previously, it was up to the defense to show their client is immune from prosecution under this law. But in the spring, the state Legislature revised the law, shifting the burden of proof to prosecutors.

Ryan's case is likely the first time the new law, signed by Gov. Rick Scott in June, was invoked in a Pinellas courtroom.

According to court records filed by Ryan's defense attorneys, James Beach and Richard Watts, this is what happened the night of Feb. 10, 2016. At 2 a.m., Ryan and friend Torsten Simpson, arrived at Angelo's Grill and Bar on First Avenue N in downtown St. Petersburg to pick up some sandwiches.

They were standing near the bar when Motlenski began an argument with them about their British accents. An employee escorted Motlenski, 53, outside. When Simpson and Ryan left the bar, Motlenski "continued to harass the defendant," records stated. The men threw punches and Motlenski "bull charged" Simpson against a pair of doors, drawing other patrons' attention.

That's when Ryan punched Motlenski, who fell and hit his head on the pavement. Ryan was initially arrested on a charge of felony battery. After Motlenski died of complications, the charge was upgraded to manslaughter.

"It was just a tragic accident that shouldn't have happened," said Beach, adding that Motlenski's comments and aggression toward Simpson "led my client to believe that there was certainly danger involved."

In an all-day hearing July 6, prosecutors and defense attorneys presented their arguments to Quesada. On Thursday, the judge dismissed Ryan's charges.

Contact Laura C. Morel at lmorel@tampabay.com. Follow @lauracmorel.

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Pinellas judge tosses charge against man under new Stand Your Ground law - TBO.com