Sunday, July 13, 2014
The story is at the Sun-Sentinel:
This is the conflict the Florida Supreme Court recently agreed to examine in an unresolved Palm Beach County case. The justices will decide if felons are eligible for immunity from prosecution under the Stand Your Ground self-defense law.
. . .
What is in focus now is a portion of the Stand Your Ground law that says it doesn't apply to a person "engaged in an unlawful activity."
That clearly was meant to prevent a defendant from using Stand Your Ground, if, for example, he shot and killed someone while breaking into a house, Peaden explained.
But prosecutors also contend that felons using guns similarly would be restricted from adopting Stand Your Ground as a defense. This is because it's illegal for felons to possess guns — meaning the "unlawful activity" rule applies.