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Thread: One State’s First Test Of ‘Stand Your Ground’ Law Enters Realm Of The Bizarre

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    Troll under the bridge. hawgrider's Avatar
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    One State’s First Test Of ‘Stand Your Ground’ Law Enters Realm Of The Bizarre

    The state of Iowa is fairly new to the Stand Your Ground game. It only recently passed the law, which simply states that there is no duty to retreat from an attacker prior to using lethal force.

    Now, it seems the law will get its first test. Unfortunately for one man, it has entered the realm of the bizarre in how it’s being applied (emphasis mine).

    Prior to Gov. Terry Branstad signing the SYG bill passed in April 2017 by the legislature into law, Iowans needed to make a reasonable effort to retreat from a perceived danger before using deadly force, unless they were in their homes or reasonably believed themselves to be in immediate danger of death or severe injury.

    The facts in the Ped Mall shooting case weren’t in dispute. Wilson admitted shooting the three men who confronted him on the Ped Mall in the earlier hours of Aug. 27. The prosecution did not dispute that those three men were armed. But in a pre-trial hearing, Judge Paul Miller ruled that whether the SYG law applied in Wilson’s case would only be considered in a post-conviction hearing, if he was convicted.

    Since the legislature did not specify at what stage in a criminal proceeding a SYG defense should apply, Miller relied on the 1989 Iowa Supreme Court ruling in State v. King to make his decision. In that case, the defendant claimed a state law providing immunity to anyone reporting a case of child abuse should apply to her, because even though she was the person who injured the child, she was also the person who brought the child to the doctor for treatment. The trial court judge in that case ruled that the immunity claim would not be considered until after the jury’s verdict. The state Supreme Court upheld that decision.
    https://bearingarms.com/tom-k/2018/0...realm-bizarre/
    "The clever cat eats cheese and breathes down rat holes with baited breath." W. C. Fields

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    juskom95 (02-12-2018)

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    No, YOU move. juskom95's Avatar
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    What is it with Liberals/Socialists an self-defense?

    Is it they are truly this stupid or that they have been that coddled/sheltered their whole lives?
    "Every person’s life is theirs by right. An individual’s life can and must belong only to himself, not to any society or community, or he is then but a slave. No one can deny another person their right to their life, nor seize by force what is produced by someone else, because that is stealing their means to sustain their life. It is treason against mankind to hold a knife to a man’s throat and dictate how he must live his life."



    COFFEE!

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    hawgrider (02-12-2018)

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    Dinky Dau Camel923's Avatar
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    Looks like a judge that is a real jack ass. Pull his law license and send him to legal theory 101.

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    hawgrider (02-12-2018),juskom95 (02-13-2018)

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