Stand your ground, castle doctrine appeal

castle.gunNew ‘Stand Your Ground’ Legislation

I’ve introduced a bill s.837, which is a new amendment to the famous SC ‘Stand Your Ground’ Law. Currently, any appeals based on a judge’s denial of ‘stand your ground’ have to come after a person undergoes trial and is found guilty. In other words, a person cannot appeal their denied verdict until they pay for a lawyer and go through an entire trial. This new amendment allows a person to challenge a denied ‘stand your ground’ verdict before a murder trial continues.

The new bill simply states, an order concerning a defendant’s motion for immunity from prosecution (under Article 6, Chapter 11, Title 16) is immediately appealable. A defendant who does not immediately appeal an order, denying a request for immunity, has nevertheless preserved the issue for appeal after conviction and sentencing.