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Court Applies “Stand Your Ground” in Fight between Schoolchildren

On Wednesday, the 4th District Court of Appeals in Florida heavily criticized Broward Circuit Judge Elijah Williams for not allowing a defendant in a fight between schoolchildren, to claim the defense of the “Stand Your Ground” law.

In the instant case, a middle school student identified in court records as T.P. got into a fistfight with a girl on a school bus belonging to the Broward County. T.P. was accused of battery, convicted and sentenced as a juvenile.

According to court records, T.P. and the girl, identified as A.F. were on the same bus when they had a fight. The school bus driver testified the girl grabbed the boy’s jacket, punched him and pulled him down on a seat before the boy tried to fight back.

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The boy was sentenced.

The girl testified that the boy attacked her without provocation.

Broward Circuit Judge Elijah Williams did not allow the defense of the “Stand Your Ground” law to T.P., because according to him, the boy was not protecting his home or vehicle.

The appeals court overturned the conviction and ordered a retrial instructing Williams to consider that the boy could invoke the protection of “Stand Your Ground.”

Without going into who was telling the truth, the appeals court wrote, “[T.P.] was not engaged in an unlawful activity, and he had the right to be on the bus going home from school … Whether he was faced with ‘force’ from A.F. and whether he reasonably believed that such force was necessary to prevent harm to himself were factual matters for the trial court to determine.”

Under the Stand Your Ground law, a person is permitted to counter force with force, if the person is in a place he/she has a right to be, and if the use of force is necessary to prevent bodily harm or death.

Court Applies “Stand Your Ground” in Fight between Schoolchildren by

  • Snarky McGurk

    Hell yes. These laws are very good laws, and only bullies want them repealed. Big black bullies.

  • JCNow

    Only wing nuts think they are good laws. Wing nuts who want the ability to live their vigilante fantasies of chasing down “suspicious people” (think minorities) into dark alleys, and then gunning them down when the person being chased acts aggressively out of fear. In realilty, the minorities are simply going to need to strike first. When the wing nut starts following or chasing a minority, the minority should simply pull their gun and shoot first. That way, it is the minority that will have the advantage of claiming the stand your ground defense, and the wing nut who will be dead.

  • Snarky McGurk

    Minorities are too lazy to learn how to shoot – the (c)rap video method of holding to gun is a really big disadvantage – isoscoles or Weaver stance, for white folks, please . . .

  • Player Agent

    “Big black bullies” love this law. As Texas court opinions have realized: “Stand Your Ground” legalizes all gang murders unless the shooter is not permitted to be where they are or already engaged in another crime at the time or they admit stupidly that they didn’t fear that person. But even then that doesn’t matter because it also legalizes all un-witnessed murders as long as the killer remains silent until his lawyer advises him to take a stand your ground defense. It should be called the “make sure to kill any adverse witnesses, too, law.” The other up-side of the law though is that it permits any person to murder, by any means, any other person lawfully or unlawfully carrying a firearm as long as the killer testifies the deceased was reaching for their firearm in a threatening manner. Okay Florida murderers like George Zimmerman, just keep quiet afterwards and no judge can punish you once you get your story straight. And, no matter the circumstantial evidence there is always a reasonable doubt as to whether it was in “defense of a subjectively perceived threat.”

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Posted by on July 18, 2013. Filed under Legal News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

 

 

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