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Under state law, he not only first has to prove self-defense, but also that he had a right to stand his ground because he was attacked in a place where he had a right to be, including the home, and a right to use deadly force against his attacker.
Swerling said Hood’s order is significant because it is among the first in the state, if not the first, where a judge has issued such a sweeping ruling, finding that multiple sections of the state’s “stand your ground” act applied to a case. He ruled that Boykin was an intruder, not a social guest, and even if she was a social guest, Memmert had a right to use deadly force once she was in fear for her life, Swerling said.