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Stand Your Ground Immunity

Last week the S.C. Supreme Court released a case on "stand your ground immunity." The court re-emphasized the procedure for conducting these hearings, and in particular the burden of proof. The two main conclusions out of this case are:

  1. The defendant has the burden of proof, which is a preponderance of the evidence standard.

  2. And, just because there is conflicting evidence, does not automatically mean it is a jury question.


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