Miami Judge Rules Immunity Law Unconstitutional

July 2017

A Miami Judge rules that the new law placing the burden of proof on the State in an immunity hearing is unconstitutional!

GADS!    WHAT DOES THIS MEAN????

It means that there is a judge in Miami so anti-gun that he has allowed his personal beliefs to overcome his duty to enforce  the law in order to reach the specific result he wants -- no matter how absurd or far fetched that position might be.  I call these people "agenda judges".   He has no business being a judge.

But, be that as it may -- WHAT EFFECT WILL IT HAVE???

ABSOLUTELY NONE -- except in his courtroom.  His ruling has no controlling or precedential value on any other judge or court -- unless it is appealed -- and an appellate court issues a written Opinion on the case.  If that happens -- I can tell you -- his idiotic decision will be reversed in an instant.

Why???

Because in all types of immunity hearings -- the party opposing immunity -- has the burden of proof.

I'm not going to bother writing an article with all the tons of case law that supports that.  You'll have to take my word for it.  In fact,  the ONLY immunity cases that ever held the defendant had that burden arose when pro-gun legislatures passed Stand Your Ground immunity laws, and the courts, not very happy with that,  made an interpretation that "only in those cases" was the rule of immunity placed upon a defendant.   Pure legal B.S. 

So . . .  don't fret.  Just vote the anti-gun SOB out of office when the next judicial election comes up.