CHRISTOPHER NATHANIEL BROWN
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-06-22
No. 17-4135
254 So. 3d 1049 Florida District Court of Appeal, First District (2018)

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Holding

A self-defense affirmative defense must be raised at trial and cannot be the basis for an emergency writ of prohibition.


Headnotes

[1] A self-defense affirmative defense is raised at trial, not through an emergency writ of prohibition.

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Key Quotes

“Petition is DENIED without prejudice to Petitioner's ability to raise the affirmative defense of self-defense at trial.”

The dispositive holding of the court's decision

Facts & Procedural History

Christopher Nathaniel Brown filed an emergency petition for a writ of prohibition in response to criminal proceedings. The specific underlying charges…

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Opinion of the Court

Emergency Petition for a Writ of Prohibition—Original Jurisdiction.

June 22, 2018 PER CURIAM.

The petition is DENIED without prejudice to Petitioner’s ability to raise the affirmative defense of self-defense at trial. See Mederos v. State, 102 So. 3d 7, 11 (Fla. 1st DCA 2012).

LEWIS, ROBERTS, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Candice K. Brower, Criminal Conflict & Civil Regional Counsel, and Patricia Kyser, Assistant Regional Counsel, Jacksonville, for Petitioner. Pamela Jo Bondi, Attorney General, and Steve Woods, Assistant Attorney General, Tallahassee, for Respondent.


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