Alane C. Laboda
Alane C. Laboda was a judge of the Twentieth Circuit for Charlotte County and Lee County in Florida. She was appointed by former Governor Charlie Crist on July 29, 2008, effective September 1. Her six-year term expired January 2, 2017.[1][2][3][4][5]
Education
Laboda received her undergraduate degree from George Washington University in 1989. She was awarded a J.D. from the University of Miami in 1992.[2]
Career
- 2008-2017: Judge, Twentieth Circuit of Florida
- 1997-2008: Attorney, Henderson, Franklin, Starnes, and Holt, P.A.
- 1992-1997: State's attorney Twentieth Circuit, Lee County, Florida[2]
Elections
2010
Laboda ran unopposed and was automatically retained to a new term.[4]
- Main article: Florida judicial elections, 2010
Noteworthy cases
Florida's self-defense law upheld, in spite of illegal gun possession
The 2nd District Court of Appeal in Florida ruled that a convicted felon who shot and killed a man, despite the fact that he was carrying a gun illegally, was protected by the state's self-defense law. The law in question, commonly referred to as the "Stand Your Ground" law, allows a person to use deadly force to protect themselves from death or bodily harm.[6]
At the time of the incident, Aaron A. Little was on his way to his girlfriend's house. On their way there, Little and his friend approached Terry Lester, who was in the driveway of his mother's house. When Little walked up, Desmond Brooks jumped out of a car, pointed two handguns at Little and began to yell at him. Hearing the commotion, Lester's mother, Ms. Speed, came outside, which caused enough of a distraction for Little to run into the house for shelter. Once inside, Little pulled out a gun.
When Lester and his mother saw the gun, they ordered Little out of the house. He exited and passed Brooks, who by that time had his guns down by his sides. As Little backed away and the two exchanged some words, Brooks raised his guns again. In response, Little pulled out his own weapon (which he had kept hidden from Brooks) closed his eyes and fired off several shots, killing Brooks.[7]
Judge Laboda initially ruled the Stand Your Ground law did not apply in this case. The prosecution made two main arguments. First, they argued Little was not acting in self-defense because after removing himself from the threat and entering the house, he then reengaged Brooks outside. Also, they said that Little was not entitled to immunity for self-defense because, as a convicted felon, he was engaged in unlawful activity by possessing a firearm.[7]
The appellate court reversed the lower court's decision, ruling:
| “ | "[Little's] status as a felon in illegal possession of a firearm did not preclude that claim of immunity. And, as set forth above, Little established by a preponderance of the evidence that his use of force was justified to prevent his imminent death or great bodily harm."[7][8] | ” |
However, the appellate court also asked the Florida Supreme Court to weigh in on the issue.[6][9]
See also
External links
Footnotes
- ↑ 20th Judicial Circuit, "Lee Circuit Judge Alane Laboda"
- ↑ 2.0 2.1 2.2 Administrative Office of the Courts: 20th Judicial Circuit, "Governor Appoints Collier County Judge and Lee County Attorney to the Circuit Bench," 2008
- ↑ Administrative Office of the Courts: 20th Judicial Circuit, "Judges Sworn In," 2008
- ↑ 4.0 4.1 Florida Division of Elections, "Alane C. Laboda, 2010"
- ↑ Judicial selection in Florida
- ↑ 6.0 6.1 WPTV Channel 5, "Aaron A. Little, Stand Your Ground: Convicted Florida felon shielded by controversial law," April 11, 2013
- ↑ 7.0 7.1 7.2 Florida's 2nd District Court of Appeals, "Case No. 2D11-5098," April 10, 2013
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Think Progress, "Florida Court Allows Felon Illegally Possessing A Firearm To Invoke Stand Your Ground Law," April 11, 2013
Federal courts:
Eleventh Circuit Court of Appeals • U.S. District Court: Middle District of Florida, Northern District of Florida, Southern District of Florida • U.S. Bankruptcy Court: Middle District of Florida, Northern District of Florida, Southern District of Florida
State courts:
Florida Supreme Court • Florida District Courts of Appeal • Florida Circuit Court • Florida County Court
State resources:
Courts in Florida • Florida judicial elections • Judicial selection in Florida
