A South Florida appeals court has upheld the constitutionality of a controversial change to the state’s Stand Your Ground self-defense law. In that decision the 3rd District Court of Appeal disagreed with a Miami-Dade County circuit judge, who ruled that a legislative change was unconstitutional because it violated the separation of powers. the 2017 change shifted the burden from defendants to prosecutors to prove whether self-defense claims are justified. The Court of Appeal said the Legislature did not overstep its constitutional authority in shifting the burden of proof.
STAND YOUR GROUND COURT DECISION
May 17, 2018 | 4:18 AM