Appeals Court; Convicted Felon Could Use ‘Stand Your Ground’

July 17, 2014

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 parts of the state.

by The News Service of Florida

Comments

14 Responses to “Appeals Court; Convicted Felon Could Use ‘Stand Your Ground’”

  1. Hmm on July 19th, 2014 6:10 am

    MWM, you apparently are the one that missed the point, because the story said, the person had shot someone. The point is a convicted felon trying to get off by using stand your ground when he wasn’t supposed to have a gun in the first place, he isn’t even supposed to be around anyone else with a firearm either, for that matter.

  2. emschick on July 18th, 2014 6:48 am

    Makes sense If he’d used a bat, club or frying pan he’d still be in prison. Where’s the fun in that lol

  3. emschick on July 18th, 2014 6:44 am

    WMW I don’t think anybody missed the point of the article. It clearly states that a convicted felon with a “firearm” ,a weapon that he isn’t legally able to possess, shot another alledged criminal and then used the “stand your ground” defense and it ddoesn’t matter if he was protecting a grandma,a child or himself. The facts are he wasnt dupposed to have a firearm and he shot somebody and somebody got the idea of using thestsnd your ground defense. A criminal is a criminal no matter how they got there.

  4. Jane on July 18th, 2014 4:02 am

    I think this “muddies the waters” when it comes to a felon shooting someone. They just say “I was in fear for my life”, never mind they weren’t supposed to have the gun in the first place. Hmmmm……

  5. Makes Sense on July 17th, 2014 8:21 pm

    What yo mean… I can’t stand my ground with a bat, club or frying pan.

  6. mick on July 17th, 2014 7:33 pm

    The fact is he’s a convicted felon. Possession of firearms is AGAINST THE LAW…FORBIDDEN. FELONS CANNOT POSSESS FIREARMS. HE BROKE THE LAW AGAIN. WHATS NOT CLEAR HERE?

  7. Atmore G on July 17th, 2014 1:37 pm

    I agree with David Huie Green 100%.. The law allows for standing your ground, and no wording addresses anything about felons and firearms.. If he is found not guilty, charge him with a felon with a firearm.. Amen to don’t assume anyone is unarmed!

  8. David Huie Green on July 17th, 2014 12:59 pm

    Covered for proper use of weapon for self-defense.
    Not covered for improper possession of weapon.
    Different crimes, different allowances.

    Note to the wise: Don’t assume anyone is unarmed.

    David for reason

  9. danny on July 17th, 2014 12:10 pm

    How did this person get a gun? Last time I purchased a firearm I was asked if I had ever been convicted of a felon. Also I had to wait 3 days for the background check. OH YEAH! Gun laws, or infringements on my 2nd amendment rights, are for LAW ABIDING citizens not criminals.

  10. marshall on July 17th, 2014 12:03 pm

    MWM – The problem, to start with, is that we had a Convicted Felon with a Firearm. That is a violation of law to start with and is one reason we have so much crime. There needs to be a Tough Law for Felons in possession of a Firearm and they need to serve a lot of time for breaking it. The PROBLEM is that Felons don’t care about the law until they need it for there own Benefit. Personally, I do not believe Stand Your Ground should be used if you are involved in a Crime or a Felon in possession of a Firearm. If you were not breaking the law to start with, you would not need SYG to protect you!!!

  11. william 2 on July 17th, 2014 11:24 am

    IMHO self defense is a basic human right. Just because he has a past criminal record should not deny him that right.

  12. MWM on July 17th, 2014 11:01 am

    Not sure but seems some may have missed the point here, given the incident deadly force is not always use of a firearm and just what if this convicted felon is defending a childs life would that make it any different just my opinion but i would say the situation should be investigated fully before any judgement and oh yes is it me or is there a shortage of common sence now days anywho all have a great day in the neighborhood and stay safe…..

  13. Hmm on July 17th, 2014 4:51 am

    I wonder how they’re gonna magically get a gun when they’re not supposed to have one in the first place, here we go with more murders, well Sir, this person threatened me, so I shot this person with the gun I wasn’t supposed to have in the first place. Scratching my head

  14. emschick on July 17th, 2014 2:13 am

    So if his conviction is vacated surely he’ll still be doing time for the charge of a felon in possession of a firearm,right?

Written by William Reynolds · Filed Under News