Judge throws out self- defense revision

‘STAND YOUR GROUND’ /

MIAMI — Florida’s updated “Stand Your Ground” self-defense law is unconstitutional, a Miami judge ruled Monday.

Miami-Dade Circuit Judge Milton Hirsch ruled that lawmakers overstepped their authority in modifying the law this year to force prosecutors to disprove a defendant’s self-defense claim at a pretrial hearing.

The judge ruled that under Florida’s constitution, that change should have been crafted by the Florida Supreme Court, not the Legislature.

“As a matter of constitutional separation of powers, that procedure cannot be legislatively modified,” Hirsch wrote in a 14-page order.

Hirsch’s ruling isn’t binding — other trial courts across Florida can follow the law if they choose. But it does start the appeals process, and it could get the law reviewed by the Florida Supreme Court.

Sen. Rob Bradley, R-Fleming Island, told the Miami Herald he believes the Legislature acted lawfully.

“I would be surprised if this decision were upheld at the appellate level,” said Bradley, a former prosecutor who championed the modification of the already controversial “Stand Your Ground” statute passed over a decade ago. The change was pushed by the politically powerful National Rifle Association.

First passed in 2005, Florida’s controversial self-defense law eliminated a citizen’s duty to retreat before using deadly force to counter an apparent threat. It also made it easier for judges to dismiss criminal charges if they deem someone acted in self-defense.