Stand Your Ground remains a possible defense for felons
The Florida Supreme Court no longer plans to use a Palm Beach County case to examine whether felons can use the state's Stand Your Ground self-defense law to avoid serious criminal charges.
In July, the state's highest court announced it would consider whether Brian Bragdon a convicted cocaine dealer accused of shooting at two men in 2012 should be eligible to seek immunity from prosecution.
The Stand Your Ground question was classified as high profile, because of "significant public and media interest in this matter."
But on Dec. 22, the Supreme Court said it no longer had any basis for reviewing the case and sent it back to the 4th District Court of Appeal in West Palm Beach. There has been no recent activity in the appeals court, records show; however, a case status hearing is set for Feb. 20 in Palm Beach County Circuit Court.
Why the change by the Supreme Court? It turns out the appellate court had released an opinion in a separate case also from Palm Beach County that essentially wiped out the reason for the Supreme Court deciding to examine Bragdon in the first place.
On July 16, the 4th District Court of Appeal ruled Harvey M. Hill Jr., 24, a felon from Riviera Beach, could try to get his 2009 aggravated battery with a firearm charge dismissed under the controversial self-defense law.
It was a reversal of the appellate court's position in the same case in 2012, and for Bragdon in 2013. Those opinions concluded Hill and Bragdon had no right to Stand Your Ground because they used guns.
It's illegal for felons to possess guns and part of the Stand Your Ground law says it doesn't apply to a person "engaged in an unlawful activity."
But that first Hill opinion conflicted with a 2013 ruling from the 2nd District Court of Appeal, which said a felon in a Lee County second-degree murder case was entitled to use Stand Your Ground to argue he was justified in shooting to protect his life when an assailant pointed two guns at him.
In its second Hill opinion, the 4th District Court of Appeal wrote it now agreed with the 2nd District court that gun-toting felons have the same rights as law-abiding citizens to use the Stand Your Ground law.
Follow this link:
Stand Your Ground remains a possible defense for felons
- Netflix Nearing $5 Million Deal for Perfect Neighbor,' Sundance Documentary About Florida's Stand Your Ground Law (EXCLUSIVE) - MSN - February 9th, 2025 [February 9th, 2025]
- 'AJ' Owens' loved ones announce creation of new fund, hoping for changes to FL Stand Your Ground law - FOX 35 Orlando - November 28th, 2024 [November 28th, 2024]
- Family of woman killed by neighbor asks Florida to make changes to Stand Your Ground law - WFTV Orlando - November 28th, 2024 [November 28th, 2024]
- Stand Your Ground law protects homeowner in neighbor dispute that leads to shooting - KOKH FOX25 - November 26th, 2024 [November 26th, 2024]
- It Can Happen Here - Harper's BAZAAR - September 11th, 2023 [September 11th, 2023]
- SD Supreme Court: 'Stand Your Ground' Law Is Not Retroactive - Yankton Daily Press - July 15th, 2023 [July 15th, 2023]
- Arming school staff and a 'stand your ground' law being considered ... - KLKN - July 15th, 2023 [July 15th, 2023]
- LETTER TO THE EDITOR Justice for A.J. Owens - Osceola News-Gazette - June 22nd, 2023 [June 22nd, 2023]
- White Woman Who Murdered Black Woman in What She Felt Was ... - Shine My Crown - June 22nd, 2023 [June 22nd, 2023]
- Washington County driveway killing raised in 'Stand Your Ground ... - The Post Star - May 20th, 2023 [May 20th, 2023]
- Ralph Yarl: Another victim of America's unjust racial bias and Stand ... - The Arkansas Traveler - May 20th, 2023 [May 20th, 2023]
- Attorneys Of OnlyFans Model Courtney Clenney Claim She Stabbed Boyfriend To Death In Self-Defense - MadameNoire - May 20th, 2023 [May 20th, 2023]
- 5 Years After A Mass Shooting At Santa Fe High In Texas, Critics Say Lawmakers Have Done Little - HuffPost - May 20th, 2023 [May 20th, 2023]
- Congressman Gaetz, Senator Mullin Introduce National Stand Your Ground Act - Congressman Matt Gaetz - May 8th, 2023 [May 8th, 2023]
- Rep. Gaetz, Sen. Mullin introduce national Stand Your Ground bills: Legal duty to retreat helps attacker - Fox News - May 8th, 2023 [May 8th, 2023]
- T&T PM Rowley Rejects Stand Your Ground Law, It's Used For ... - NYCaribNews - May 8th, 2023 [May 8th, 2023]
- New information uncovered about person who fatally shot Carson Senfield in Florida - WGRZ.com - May 8th, 2023 [May 8th, 2023]
- Dadeville mass shooting cases now head to courts. What to expect ... - Montgomery Advertiser - May 8th, 2023 [May 8th, 2023]
- 'Stand Your Ground' laws promote violence The Hawkeye - The HawkEye - May 2nd, 2023 [May 2nd, 2023]
- The Conversation: 'Stand your ground' laws empower armed ... - Press Herald - May 2nd, 2023 [May 2nd, 2023]
- Hypocrisy on matters of life and death | Editorial - South Florida Sun Sentinel - May 2nd, 2023 [May 2nd, 2023]
- Darbys Stand Your Ground law immunity hearing denied - WHNT News 19 - April 30th, 2023 [April 30th, 2023]
- The Conversation: Stand your ground laws open invitation to violence - News-Register - April 30th, 2023 [April 30th, 2023]
- US gun violence is so bad countries should warn against travelling ... - openDemocracy - April 30th, 2023 [April 30th, 2023]
- Letters to the Editor Readers weigh in on Gov. Abbotts plan to pardon Daniel Perry - The Dallas Morning News - April 30th, 2023 [April 30th, 2023]
- Man charged after in connection to shooting 17-year-old, who allegedly tried to steal car, DeKalb Police say - 11Alive.com WXIA - April 30th, 2023 [April 30th, 2023]
- 'Stand your ground' laws empower armed citizens to defend property with violence a simple mistake can get you shot, or killed - The Conversation - April 22nd, 2023 [April 22nd, 2023]
- What Are 'Stand Your Ground' Laws, and When Do They Apply? - The New York Times - April 22nd, 2023 [April 22nd, 2023]
- What is a stand your ground law and which states have one? - BBC - April 22nd, 2023 [April 22nd, 2023]
- Legal Expert On Castle Doctrine, 'Stand Your Ground' Laws - KMAland - April 22nd, 2023 [April 22nd, 2023]
- 'Changes the grounds pretty significantly': What 'Stand Your Ground' law rollback means for Georgia - 13WMAZ.com - April 22nd, 2023 [April 22nd, 2023]
- Missouri has a 'Stand Your Ground' law, but it may not help Andrew ... - Nebraska Public Media | News - April 22nd, 2023 [April 22nd, 2023]
- 'Stand Your Ground' laws have increased by 60% across U.S. since ... - Spectrum News - April 22nd, 2023 [April 22nd, 2023]
- Montgomery man guilty of manslaughter in Prattville slaying - Montgomery Advertiser - April 13th, 2023 [April 13th, 2023]
- Greg Abbott's Jury Nullification - by Charlie Sykes - The Bulwark - April 13th, 2023 [April 13th, 2023]
- National Action Network holds panel on police reform with families of Tyre Nichols, George Floyd and Eric Garner - CBS News - April 13th, 2023 [April 13th, 2023]
- Jugging victim shoots suspect during attempt to pull them over himself, Cedar Park police say - FOX 7 Austin - April 13th, 2023 [April 13th, 2023]
- CSotD: Time has come today The Daily Cartoonist - The Daily Cartoonist - April 13th, 2023 [April 13th, 2023]
- Daily Skimm: Abortion Pills, Leaked Documents, and Super Mario Bros - theSkimm - April 13th, 2023 [April 13th, 2023]
- U.S. Army sergeant found guilty of murder in 2020 shooting of Austin ... - The Texas Tribune - April 9th, 2023 [April 9th, 2023]
- Villager using Stand Your Ground defense in UPS golf cart delivery ... - Villages-News - April 4th, 2023 [April 4th, 2023]
- Florida Senate to vote on permitless carry bill - WSVN 7News | Miami News, Weather, Sports | Fort Lauderdale - April 4th, 2023 [April 4th, 2023]
- Victims of spring break double shooting that left one dead are from metro Atlanta - WSB Atlanta - March 28th, 2023 [March 28th, 2023]
- Self-defense: How Floridas Stand Your Ground Law Works - February 24th, 2023 [February 24th, 2023]
- Stand Your Ground Law: All 50 States Reviewed - TacticalGear.com - February 24th, 2023 [February 24th, 2023]
- Unclear if "Stand Your Ground" law will apply in Tampa shooting case of WNY native - WGRZ.com - September 22nd, 2022 [September 22nd, 2022]
- The Militias Never Left Kenosha - The Trace - September 22nd, 2022 [September 22nd, 2022]
- Shelby County sheriff expects no charges in deadly shooting because of Stand Your Ground law - WHIO - August 7th, 2022 [August 7th, 2022]
- Kansas cannot allow another death at the hand of authorities to go without notice and action - Kansas Reflector - July 4th, 2022 [July 4th, 2022]
- Ex-City Official in Florida Is Sentenced to 3 Years for Killing a Shoplifter - The New York Times - May 23rd, 2022 [May 23rd, 2022]
- GOP resolutions call for hand counting paper ballots, praising Johnson on COVID-19 - WisPolitics.com - May 23rd, 2022 [May 23rd, 2022]
- Cleveland Co. District Attorney Will Not File Charges In Fatal Shooting Near OU Campus - news9.com KWTV - April 22nd, 2022 [April 22nd, 2022]
- Jussie Smolletts brother Jocqui insists the actors career will be absolutely fine - REVOLT - April 22nd, 2022 [April 22nd, 2022]
- Study links 'stand your ground' laws to uptick in homicides, but not everywhere - KJZZ - March 20th, 2022 [March 20th, 2022]
- 'Stand your ground' laws proliferate after Trayvon spotlight - ABC News - March 4th, 2022 [March 4th, 2022]
- LaTayla Billingslea Is Fighting for Gun Violence Prevention and Lifting the Voices of Young Survivors - Seventeen.com - February 5th, 2022 [February 5th, 2022]
- Borrello: Stand Your Ground is 'a fundamental right' - Olean Times Herald - January 31st, 2022 [January 31st, 2022]
- In Setback For Ex-Cop Who Fired Blindly Into Breonna Taylors Home, His Upcoming Trial Will Be Partially Open To The Press - NewsOne - January 31st, 2022 [January 31st, 2022]
- Does Wisconsin have the death penalty? Does Wisconsin have stand your ground laws? - AS English - November 26th, 2021 [November 26th, 2021]
- It's time to repeal and replace citizen's arrest laws | TheHill - The Hill - November 26th, 2021 [November 26th, 2021]
- Jackson County mom who killed alleged rapist back in jail after taking kids to trunk or treat - WAAY - November 4th, 2021 [November 4th, 2021]
- Canadas self-defence laws are too sweeping, and the Supreme Court just gave them a pass - The Globe and Mail - October 19th, 2021 [October 19th, 2021]
- Ohio's new 'stand your ground' law: Everything you need to ... - June 6th, 2021 [June 6th, 2021]
- Washington State Stand Your Ground Law & Self-Defense ... - June 6th, 2021 [June 6th, 2021]
- 'Stand your ground' defense rejected in iguana killing - LimaOhio.com - June 6th, 2021 [June 6th, 2021]
- Man accused of stabbing St. Pete teen wont face charges due to stand your ground law - WFLA - May 29th, 2021 [May 29th, 2021]
- 'Stand your ground' laws: Everything you need to know - CNN - March 22nd, 2021 [March 22nd, 2021]
- What are Stand Your Ground Laws? | Brady - March 22nd, 2021 [March 22nd, 2021]
- 'Stand Your Ground' Laws Are Racist, New Study Reveals - March 22nd, 2021 [March 22nd, 2021]
- States With Stand Your Ground Laws 2021 - March 22nd, 2021 [March 22nd, 2021]
- Instead of standing your ground, retreat when possible | Column - Tampa Bay Times - March 2nd, 2021 [March 2nd, 2021]
- Bill would add South Dakota to two dozen states that have stand your ground self-defense laws - KELOLAND.com - March 2nd, 2021 [March 2nd, 2021]
- Senate bill aims to repeal Stand Your Grand law - Famuan - March 2nd, 2021 [March 2nd, 2021]
- Sworn testimony: LCSO detective disagrees with prosecutors over 'Stand Your Ground' death - Wink News - February 11th, 2021 [February 11th, 2021]
- Stand Your Ground Law in Arkansas voted down by House committee - 5newsonline.com - February 3rd, 2021 [February 3rd, 2021]
- Use of force by 4 Hillsborough deputies involved in deadly shooting found to be justified - WTSP.com - February 1st, 2021 [February 1st, 2021]
- Lawyer suspended for Facebook advice on how to shoot an abuser and avoid conviction - ABA Journal - February 1st, 2021 [February 1st, 2021]
- Savannah City Council considers taking stand on stand your ground law with resolution - Savannah Morning News - January 30th, 2021 [January 30th, 2021]
- Column: DeWine had a chance to do the right thing and punted - The Columbus Dispatch - January 7th, 2021 [January 7th, 2021]
- DeSantis new stand your ground would provoke the danger it professes to prevent | Column - Tampa Bay Times - November 21st, 2020 [November 21st, 2020]