State Supreme Court To Hear "Stand Your Ground" Case

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TALLAHASSEE (CBSMiami/AP) — Who should have to supply burden of proof in so-called "stand your ground" cases will be taken up by the state's highest court on Tuesday.

The hearing involves a 2011 road rage incident in which an Indiana man says he was protecting his family from an aggressive driver by drawing a gun on him as he approached their car.

No shots were fired, but Jared Bretherick is charged with aggravated assault with a firearm. He tried to use the state's "stand your ground" law to avoid a trial. A lower court rejected the defense's argument that Bretherick should be immune from charges.

But now the defense lawyers say that the burden should've been on prosecutors to show immunity shouldn't be granted — not on the defense to prove it should be.

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