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In reply to the discussion: COURT FINALLY OVERTURNS MARISSA ALEXANDER’S 20 YEAR SENTENCE. [View all]1StrongBlackMan
(31,849 posts)I read the opinion and found the appellate court's ruling vis-à-vis SYG odd.
The appellate court has remanded the matter because of the trial courts improper jury instruction for self-defense; specifically, that the trial court improper shifted the burden to the defendant to prove she did not act in self-defense, AND it was on the basis of those improper instructions, that the trial court concluded that SYG did not apply.
http://blackbutterfly7.files.wordpress.com/2013/09/alexander-decision.pdf
Further, the "SYG is dead" conclusion does not appear in the majority opinion; but rather, the concurring opinion. While it's been a while since I needed to know ... back in the day, CONCURRING opinions were not binding, and could not be cited as such ... merely persuasive. And, as a general rule, Concurring opinions that speak to matters of fact (including the weighing of facts) were to be pretty much discounted ... except to sneak in and hope the court doesn't notice.
Have things changed in the years since I was before the court?