Saturday, August 22, 2009

Fla. court OKs force against retreating attackers

Florida's "stand-your-ground" law allows the use of deadly force for self-protection even if an attacker or intruder is in retreat, an appellate court said Wednesday. A three-judge panel of the 1st District Court of Appeal issued that explanation for last month releasing Jimmy Hair from jail, where he had spent two years awaiting trial on a first-degree murder charge. A trial judge had refused to grant Hair "stand-your-ground" immunity due to conflicting testimony on whether Harper was being pulled out of the car by a friend when he was shot, but the appellate court said that didn't matter. "The statute makes no exception from immunity when the victim is in retreat," the panel wrote in an unsigned, unanimous opinion. The new law amended Florida's existing "Castle Doctrine" that allows people to use deadly force to defend themselves and others in their homes against the threat of death or great bodily harm. It extends that right to public spaces including the street or a business and removes a duty to retreat before using deadly force...AP

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