Hearing Date Set for Woman Sentenced to 20 Years for Firing Warning Shot

Marissa Alexander will find out if she will be released from jail before her new trial next week.

Posted: 11/01/2013 09:31 AM EDT

Marissa Alexander, a Florida woman who was sentenced to 20 years of prison for firing a warning shot during a domestic violence dispute, will find out if she is closer to freedom at a hearing set for Friday, Nov. 8. 

The court will determine whether Alexander will receive bail and be released from jail until her new trial begins in the incident against her abusive husband on March 31, 2014. This will be her first court appearance since her case to obtain immunity through Florida's "Stand Your Ground" law, which allows citizens to use deadly force if they feel their lives are in imminent danger, was thrown out. 

Florida Times-Union reports:

The appellate court ruled that [Circuit Judge James] Daniel made a mistake in shifting the burden to Alexander to prove she was acting in self-defense when she fired the gun. During jury instructions, Daniel said she must prove beyond a reasonable doubt that she was battered by Gray.

The burden should have been on the prosecution to prove that Alexander was not acting in self-defense, the appellate court said.

Alexander’s new Fort Lauderdale attorney, Bruce Zimet, said this trial will be very different from the first one but declined to go into detail on how that will be.

Read full story here.

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(Photo: Florida Correctional Facility)

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