Quote:
Originally Posted by blueash
I would appreciate it if you post the date of this incident and if you recall the name of the convicted person. If the shooting occurred before the date of the stand your ground law it does not apply. Also if the appeal was based on an attempt to overturn a jury verdict there needs to be an error in application of law or evidence or legal representation etc for a conviction to be reversed.
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You are correct in your assumption that this case was before the Stand Your Ground law, but that was not the argument being made. The argument was simple self defense, fortified by the enhanced penalties applied for Elder Abuse. The old man might have been acquitted (or not even tried) if he had waited until the young man actually struck a blow.
You are also correct that the argument was in vain because an appeals court only considers possible procedural errors in the conduct of the lower court trial. This is probably the basis for rejecting the appeal.
However, the fact remains that the old man was convicted and did not prevail in appeal although his defense seems reasonable. He needed me on the jury.