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HERSCH STANDS HIS GROUND

By "Captain Liberty" and "Rumpole"

The title of the post links to a fascinating decision in State v. Yaqubie. Yaqubie stabbed and killed someone. Own our Richard Hersch came to court on behalf of Yaqubie armed with self defense. Under Florida's new self defense statute, the defendant is entitled to seek immunity from prosecution pursuant to section 776.032 Florida Statutes. Hersch made such a motion. Enter Judge Trawick, who treated the motion as a "c(4)" motion to dismiss. Finding that there were material facts in dispute, Trawick denied the motion. "We'll just see about that" said Hersch (or words to that effect.) He stood his ground and took Trawick up on appeal. Enter the 3rd DCA and Judge Wells who said that the proper standard for such a motion for immunity was enunciated in Velasquez v...continue to full post

Full post as published by Justice Building Blog on June 17, 2010 (boomark / email).