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To: Uncle Chip
-- Is there provision for self defense followed by an immunity hearing in Florida Law outside of 776.012 ... 776.032? --

There is nothing relating to self defense outside of Chapter 776, but the timing of a grant of immunity CAN come post trial!

State v. Jarkas Grant of 776.032 Immunity (Dec 5, 2011)

This is a post trial grant of immunity. Decision went to defendant due to absence of other eyewitness, and discounting of the state's circumstantial evidence.

40 posted on 02/26/2013 3:10:03 AM PST by Cboldt
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To: Cboldt
I understand but it doesn't appear that Mark O'Mara understands as this is what he said above:

If the “Stand Your Ground” portion of the law was to be applied to the Zimmerman Case, even if George had an ability to retreat, he would not be required to do so before utilizing deadly force.

If???? O'Mara is separating SYG from self defense.

In this particular case, George did not have an ability to retreat because he was on the ground with Trayvon Martin mounting him, striking blows, therefore the “Stand Your Ground” “benefit” given by the statute simply does not apply to the facts of George’s case: it is traditional self-defense.

O'Mara is framing this as one or the other. As I see it, it is both -- both SYG and traditional self defense. He did not have the duty to retreat and he did not have the ability to retreat.

I get the feeling that O'Mara is going soft on the facts and the law here and willing to grant the prosecution that George might have instigated his own thugging -- and that's why he's talking self defense not SYG.

41 posted on 02/26/2013 5:07:15 AM PST by Uncle Chip
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