Home Invasion Suspect Uses "Stand Your Ground" Murder Defense - Local news, weather, sports Savannah | WSAV On Your Side

Home Invasion Suspect Uses "Stand Your Ground" Defense In Murder Trial

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Photo cutline: Gregg Isaac is charged with murder during a home invasion, but wants to use the "Stand Your Ground" law.) Photo cutline: Gregg Isaac is charged with murder during a home invasion, but wants to use the "Stand Your Ground" law.)
COLUMBIA, S.C. -

The George Zimmerman case brought the "Stand Your Ground" defense to the forefront.

It gives you the right to use deadly force to protect your home, your car, yourself and others on your property.

But now, one murder case is on hold while the South Carolina Supreme Court makes big decisions about the law.

In a Columbia murder case, a man accused of breaking into a home and killing the man who lived there is trying to use the "Stand Your Ground" defense.

The attorney for Gregg Isaac says Isaac was defending himself because the man whose home he broke into was about to pull a gun.

The judge would not hold a hearing on the use of that defense, so the state Supreme Court will hear arguments on when during a trial a judge has to hold a hearing on the use of the "Stand Your Ground" defense.

Defense attorney Jack Swerling, who has argued several "Stand Your Ground" cases, says the Supreme Court is not going to decide whether "Stand Your Ground" applies in this case. "What they did is they stepped in on strictly a procedural issue, not the law, not the merits of the argument, but just whether or not he had a right to appeal it and whether or not the trial had a right to go forward,"  he says.

In fact, he says there's no way Isaac could win immunity using the "Stand Your Ground" law. "The statute itself says that you cannot be engaged in an unlawful act, so burglary clearly is an unlawful act, and therefore it should not be, and I don't believe it will be, available to him," he says.

But University of South Carolina law professor Ken Gaines says the Supreme Court still needs to clear up some confusion about how and when the law is applied. He says, "There's a question of whether or not can you still bring it up before the jury, if the judge rules against you on 'Stand Your Ground'? Can you still go ahead and argue your case to the jury?"

 

 

 

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