Stand your ground can't be used in DSM case

DES MOINES - A new Iowa law that expands Iowa's "stand your ground" policy, but it can't be used in an upcoming trial in Des Moines, according to a Polk County judge.

Judge Robert Blink wrote the ruling on Tuesday, and said that Des Moines woman Sera Alexander cannot rely on the stand your ground law enacted on July 1. She allegedly shot and killed her step-father on May 8, claiming he threatened her safety. 

According to Blink, "because "stand your ground" and the immunity granted in Section 704.13 accord substantive rights and did not exist at the time of the defendant's alleged actions, they are inapplicable in this case."

Blink also noted in his ruling that Alexander cannot use the law in her defense because laws at a certain time frame cannot be applied retroactively, as Alexander wants to do.

"Laws are assumed to apply prospectively unless "expressly made retroactive," noted Blink.

Alexander submitted the defense in July. Her trial is set for December.

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