JACKSONVILLE, Fla. -- Marissa Alexander's attorneys filed several motions Friday including one asking for a new stand-your-ground hearing.
Four months shy of the retrial, motions filed say the court was presented with the wrong section of the Stand Your Ground statute in Alexander's immunity hearing; the statute used in court requires the defendant to be attacked before defending themselves as 'to meet force with force.'
The section attorneys aim to use in the retrial applies to a person in their home, which eliminates any duty to retreat and allows deadly force if the person believes it's necessary.
Attorneys also say new evidence disputes the testimony of the state's witnesses in the hearing which were Alexander's estranged husband's two young sons.
In the previous immunity hearing, the boys denied Alexander's account that Gray rushed at her when she returned with a gun. The defense says one boy recanted his testimony and under oath said he was afraid that Gray 'would punch him in the face' as he had done before.
The boy then matched Alexander's testimony on the stand. The other young boy allegedly lied to police about another altercation involving Gray and another woman.
Her defense lawyers also argue in the motions that Alexander's 20-year sentence is 'unconstitutional'.
Alexander was sentenced to three concurrent 20-year sentences under the 10-20-Life law. The 10-20-Life law is a mandatory minimum sentencing law in Florida for anyone who uses a firearm during the commission of a forcible felony. The state argued Alexander fired shots in the direction of her estranged husband and their two children with intent to harm, but her lawyers say it was an act of self-defense and are attempting to invoke stand-your-ground laws.
Lawyers for Alexander also filed motions to prevent the State from pursuing a 60-year sentence when she is re-tried. Her lawyers say the stacking of sentences is unconstitutional. Attorneys cite the Due Process Clause of the United State Constitution in arguing against the State seeking a longer sentence without new evidence.
Alexander is set to be re-tried this summer.
A judge ruled before Alexander's first trial, that she could not use Florida's stand-your-ground law, to justify shooting at her husband.
Alexander claims it was a warning shot, to scare him off.
The new hearing would consider evidence that has developed since the shooting.