An appeals court Wednesday said a convicted felon could use the state’s “stand your ground” self-defense law to seek immunity from prosecution in the shooting of another man. The decision by the 4th District Court of Appeal came as the Florida Supreme Court prepares to consider whether felons — who are barred from possessing guns — can use “stand your ground.”
Wednesday’s decision, which was issued by the full appeals court, stemmed from a Palm Beach County case in which convicted felon Harvey Hill was charged with aggravated battery with a firearm. Hill said he fired a gun in self-defense during an altercation with two other men on his front porch. One of the other men was shot in the stomach. Part of the “stand your ground” law says that a person “who is not engaged in an unlawful activity” can use deadly force if attacked.
An earlier ruling by the 4th District Court of Appeal in the Hill case found that he was barred from using a “stand your ground” defense because he was engaged in an unlawful activity by possessing a gun as a convicted felon. But Wednesday’s decision by the full appeals court pointed to another part of the “stand your ground” law. Under that part, the court said, “a defendant engaged in an unlawful activity is not necessarily disqualified from seeking self-defense immunity.”
It sent the case back to a lower court to determine if Hill was justified in using deadly force under the law. The Supreme Court early this month said it would consider the issue, which also has emerged in cases in other areas of the state.
Source: The News Service of Florida