Marissa Alexander, a Jacksonville, Florida mother of three, who is serving 20 years in prison for firing a shot in the air during an argument with her estranged husband, will get a new trial, The Associated Press reported. The one caveat is that Alexander will not be able to invoke a "stand your ground" defense, an appeals court ruled.
In 2010 incident, Alexander fired a bullet at a wall to scare off her husband when she felt like he was threatening her. Nobody was hurt, but the judge said he was bound by state law to sentencec her to 20 years in prison after convicted of aggravated assault with a deadly weapons. This was Alexander's first brush with the la.
The 1st District Court of Appeal ruled that Alexander deserved a new trial because the trial judge handling her case did not properly instruct the jury in regards to what would be need to prove self-defense, The AP added. Judge Robert Benton said the instructions constituted a "fundamental error," requiring Alexander to prove self-defense "beyond a reasonable doubt."
Faith Gay, one the attorneys representing Alexander said she felt grateful for the "thorough considerations" by the appeals court decision. "We are looking forward to taking the case back to trial," she added.
The case prompted immediate criticism from the local NAACP chapter who said that blacks are more often arrested because of ovezealous prosecutors, and sentenced by judges.
Alexander's supporters in Florida have already asked Governor Rick Scott to pardon Alexander.
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