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Florida Supreme Court: 2017 ‘Stand Your Ground’ update doesn’t apply to old cases

The big decision came after Tashara Love sued the state over her attempted murder case.

TALLAHASSEE, Fla. — "Stand Your Ground" is still law in Florida, and the state’s Supreme Court ruled a major change made in 2017 cannot be applied to cases that came before it.

That change made prosecutors prove – before trial – that a defendant was not entitled to legal immunity under the law. Before that, it was the defendants’ responsibility to prove they were.

The ruling was the end result of a lawsuit Tashara Love filed against the State of Florida.

According to the court’s decision, she was arrested after a Nov. 26, 2015, shooting outside a South Florida nightclub. Love claimed the man she shot was about to hit her daughter.

The Miami Herald reported she was charged with attempted murder.

According to the Tampa Bay Times, Love argued the 2017 Stand Your Ground update should be retroactive, meaning the prosecutor’s decision to press charges against her should be overturned because the burden of proof had shifted.

But the update was not in effect when Love was charged. That fact is central to the Florida Supreme Court’s ruling.

The justices decided that changes to the Stand Your Ground law only apply to cases that come after those changes take effect. So, according to the court’s decision, Love is not entitled to the controversial law’s added protections.

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