A judge has ruled against providing Marissa Alexander, 33, with a new ‚ÄúStand your ground‚ÄĚ hearing, reports Salon.

Alexander was originally convicted and sentenced in 2012 to 20 years in prison for firing a warning shot during a confrontation with her abusive husband, Rico Gray. The conviction was overturned on appeal.


The ‚ÄúStand your ground‚ÄĚ law allows for a person to fire if there is ‚Äúreasonable fear of imminent peril of death or great bodily harm to himself or herself.‚ÄĚ Alexander was denied immunity under the law during her first trial.

Her defense team argued that her case warranted another hearing because there was new evidence‚ÄĒincluding expert testimony on battered woman syndrome and Gray‚Äôs history of domestic violence‚ÄĒto introduce.¬†Circuit Judge James Daniel, however, found on Friday that ‚Äúthe basic outlines of her claim and [Gray‚Äôs] claim have not changed at all.‚ÄĚ He also ruled that¬†the recent addition of a ‚Äúwarning shot‚ÄĚ provision to Florida‚Äôs ‚ÄúStand your ground‚ÄĚ law could not be applied retroactively.

Alexander’s case is now set to be retried. State Attorney Angela Corey is seeking a 60-year sentence this time around. Alexander, who is out of jail on bond, faces three counts of aggravated assault with a deadly weapon.


Read more at Salon.