JACKSONVILLE, Fla. -- The retrial of Marissa Alexander has been tentatively set for December 1 as the court awaits action from Governor Rick Scott (R-Florida).
Alexander, 33, is out of jail on bond facing three counts of aggravated assault with a deadly weapon. Her previous conviction on the charges was overturned on appeal before she was released on home detention.
Currently, the defense team for the Jacksonville woman is seeking a "Stand Your Ground" hearing ahead of her retrial that was slated to begin July 28.
The law grants immunity from prosecution if it is found a person used deadly force out of fear for their life.
One prior attempt by Alexander to receive a "Stand Your Ground" hearing was denied.
But her current representation believes the state's new "Warning Shot Bill" has provisions that the court should allow to be applied to her case retroactively.
They argue Alexander acted in self-defense when she fired a gunshot in the area of her estranged husband and his two kids.
"The case was reversed on appeal. So it's a unique situation. It's not a situation where every defendant who's convicted is going to get a new hearing," said Faith Gay.
Prosecutors have argued that not enough new evidence has been presented to warrant a second "Stand Your Ground" hearing for the same defendant.
Duval County Court Judge James Daniel heard oral arguments on the matter previously and was expected to rule on the "Stand Your Ground" issue Tuesday morning.
However, all parties agreed it's too soon to consider a piece of legislation Governor Scott has not even signed yet. "I don't believe we can really try this case until the dust settles," Daniel said.
Defense attorney Bruce Zimet added outside the courthouse, "It would be silly to have the judge make a ruling then the law changes 30 days later and impedes on a jury trial."
Now, Alexander must wait even longer to have her day in court. But Zimet said it will be well worth her time.
"Sometimes the system doesn't work as quickly as you want it to, but she believes in the end this is what will get the right result," he said.
Alexander's next court date is August 1 for motions to suppress evidence and possibly a decision on "Stand Your Ground."
She faces 60 years in prison if convicted again.