OK Court of Criminal Appeals rules on Stand Your Ground

[rawhide]

Didn't see this posted and just read a little about it.
https://www.uslawshield.com/oklahoma-court-of-criminal-appeals-deals-blow-to-stand-your-ground-laws/

The standard for immunity under Stand Your Ground has changed in the case of McNeely v. State, Case Number: MA-2017-770. May 24, 2018

 

[dennishoddy]

Interesting. It appears some legislative considerations are in order.

 

[rawhide]

Interesting. It appears some legislative considerations are in order.

such as?

 

[ConstitutionCowboy]

such as?

The legislature can add provisions in 21 O.S. 1289.25 for a pre-trial appeal. It should be an easy fix.

Woody

 

[Go_Ordnance]

The article isn't perfectly clear, but it seems that the only change is that you can't appeal a motion to dismiss that has been denied. If the DA chooses to prosecute, you can file a motion to dismiss under the stand your ground law. If that motion is denied, you go to trial.

The part that's confusing is what they meant about the Legislature not intending to include residences where both parties resided. It would also be helpful to know a little more about the case, other than a wife shooting her husband in their house and claiming immunity under stand your ground.

 

[dennishoddy]

The article isn't perfectly clear, but it seems that the only change is that you can't appeal a motion to dismiss that has been denied. If the DA chooses to prosecute, you can file a motion to dismiss under the stand your ground law. If that motion is denied, you go to trial.

The part that's confusing is what they meant about the Legislature not intending to include residences where both parties resided. It would also be helpful to know a little more about the case, other than a wife shooting her husband in their house and claiming immunity under stand your ground.

Exactly. When the wife shot the husband was it domestic abuse that she feared for that would fit the Stand your Ground provision that said, A person has no duty to retreat and that they may meet force with force, including deadly force, when confronted by a threat of death or grievous bodily injury, and that they can protect themselves with deadly force if they believe that their own lives are in jeopardy.
I don't understand the court's ruling.
If an intruder came into the domicile, and was shot, that would be OK, but if both reside in the home, and one is about to kill the other, the person about to die is in conflict and suffers grievous bodily injury has no legal claim to defend themselves?
I can see some legal wrangling on that opinion.

 

[NikatKimber]

The problem with domestics, is that there is almost assuredly past history that should be examined.

 

[dennishoddy]

The problem with domestics, is that there is almost assuredly past history that should be examined.

Absolutely. There is typically a pattern of abuse.

 

[Go_Ordnance]

Exactly. When the wife shot the husband was it domestic abuse that she feared for that would fit the Stand your Ground provision that said, A person has no duty to retreat and that they may meet force with force, including deadly force, when confronted by a threat of death or grievous bodily injury, and that they can protect themselves with deadly force if they believe that their own lives are in jeopardy.
I don't understand the court's ruling.
If an intruder came into the domicile, and was shot, that would be OK, but if both reside in the home, and one is about to kill the other, the person about to die is in conflict and suffers grievous bodily injury has no legal claim to defend themselves?
I can see some legal wrangling on that opinion.

I wonder what happened that caused the DA to pursue charges. Agree that there's lots of history in abuse cases, and it's not always the man that's the abuser. My wife said "I could see her just killing him and saying he was abusive".

My wife watches too many crime shows.

 

[Subsonic]

http://www.morelaw.com/verdicts/case.asp?n=2018 OK CR 18&s=OK&d=114772