Florida’s ‘stand your ground’ law unconstitutional, Miami judge rules

Florida's revised "stand your ground" law is unconstitutional, a Miami judge ruled Monday.

Miami-Dade County Judge Milton Hirsch ruled that lawmakers overstepped their authority by revising the self-defense law, putting the burden of proof on prosecutors.

Hirsch ruled that the Florida Supreme Court, and not the state Legislature, should have crafted the law.

"As a matter of constitutional separation of powers, that procedure cannot be legislatively modified," Hirsch wrote.

The decision came in the case of Omar Rodriguez, who was indicted in 2015 on a charge of first-degree murder. Rodriguez is claiming self-defense after fatally shooting a neighbor whose dog tried to defecate in Rodriguez's son's yard.

As a result of Hirsch's ruling, the judge will follow the previous version of the contentious self-defense law that was enacted in 2005.

Rodriguez's attorney, Alan Ross, said he was disappointed with Hirsch's decision. Ross said his client was defending himself from Jose Rey, who had threatened Rodriguez with a knife.

Gov. Rick Scott recently signed the revised "stand your ground" law into effect.

This BBSNews article was syndicated from News | WPLG, and written by News | WPLG. Read the original article here.