Tag Archives: braden robinson

Florida Supreme Court Examines Stand Your Ground Procedure

The Florida Supreme Court heard a case on Tuesday that takes a novel look at the Stand Your Ground Law. The current status of the law is that a defendant can file a motion for immunity, and will be entitled to a hearing on it. At that hearing, the burden is on the Defendant to prove, by a preponderance of the evidence, that he was justified and therefore immune from prosecution. It’s an evidentiary hearing, with witnesses subject to cross examination, evidence, and argument. It very much resembles a trial without a jury.

The law currently places the burden on the Defendant to demonstrate his immunity. Jared Bretherick’s attorneys argued this week that the burden should not be on the Defendant, rather it should be up to the state to demonstrate that the Defendant is not immune from prosecution. It’s an interesting procedural argument. For comparison, when a Defendant raises a motion to suppress based on an illegal sesarch or seizure, the burden is on the state to prove that there was legal justification for the intrusion. However, the current procedure has been in effect for a few years now, and the court may choose not to disturb it. It may be several weeks before the court issues a ruling. Bretherick faces prison for the Aggravated Assault charge, but still has a right to fight the case at trial if the appeal is unsuccessful. Ironically, it appears the alleged victim has previously served a prison sentence for a road rage incident.

The lower, District Court ruling can be found here: http://www.5dca.org/Opinions/Opin2013/102813/5D12-3840.op.pdf

 

Attempted Murder Over Barq’s Root Beer

 

Braden Robinson

Braden Robinson

Louisiana man Braden Robinson had filed a bizarre civil claim related to his claim of a stake in the Barq’s Root Beer Company. Not only was Robinson unsuccessful in his multi-million dollar claim, he was ordered to pay $100,00 to the prevailing party. Apparently upset at the decision, Robinson took a man hostage in New Orleans and told the cops to shoot him, until a negotiator talked him down. He was first charged with terroristic threats, then aggravated assault for the incident.

Well, it turns out, that may not have been all he did that day. The victor in court was run down by a pickup truck outside the courthouse. The police initially thought it was just a hit and run, until the victim told them about his history with Robinson. Detectives were able to pull jail calls of Robinson speaking to his wife in code, and later a mechanic reported that Robinson had gotten repairs to his truck similar to the damage from the hit and run case. Robinson has now been charged with attempted murder for the hit and run.

If he could be reached for comment, I’m sure Robinson would say the situation really bites

via NOLA.com: http://www.nola.com/crime/index.ssf/2014/03/nopd_after_losing_legal_battle.html