The trial of George Zimmerman for the killing of Trayvon Martin is set for June 10. The latest surprise in the long and highly public prosecution of Zimmerman is his court waiver of his right to a pretrial hearing on his "stand your ground" defense. This was foreshadowed by his attorney’s announcement in March that he probably will proceed to trial without seeking a pretrial self-defense hearing on a possible "stand your ground" defense. His attorney reasoned that he preferred to have a jury, rather than a judge, rule on Zimmerman’s claim of self-defense.
The reasoning behind the waiver, at first glance, seems opaque. Why not take two bites at the apple, given that denial of a "stand your ground" defense by a judge at a pretrial hearing would not prejudice Zimmerman’s defense at a jury trial? Defense attorneys do not commonly waive a substantive forum and ignoring a possibility of substantive vindication could comprise incompetency of counsel if not justified by a firm tactical reason.
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