Justifiable Use Of Deadly Force

241 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Williamson v. Dugger
  651 So. 2d 84· Fla.· 1994-11-10 ·cited 172×
  Johnny Williamson, a death row inmate, sought habeas corpus relief and appealed the trial court's denial of his Rule 3.850 motion. The Florida Supreme Court affirmed the lower court's judgment, rejecting claims of ineffective assistance of counsel, prosecutorial misconduct, and i
• Lamonda D. Giles v. State
  831 So. 2d 1263· Fla. 4th DCA· 2002-12-18 ·cited 144×
  The Fourth District Court of Appeal reversed Lamonda Giles' aggravated battery conviction because a jury instruction on self-defense was misleading and circular, effectively negating her only defense by suggesting that the act of aggravated battery itself precluded justification
• The Fla. Bar re: Standard Jury Instructions Crim. Cases
  477 So. 2d 985· Fla.· 1985-10-10 ·cited 105×
  The Florida Supreme Court approved amendments to the Florida Standard Jury Instructions in Criminal Cases, addressing updates necessitated by legislative changes, recent case law decisions, and clarifications needed in capital sentencing, homicide, theft, drug trafficking, and se
• Emory Jack Brown, Jr. v. State
  454 So. 2d 596· Fla. 5th DCA· 1984-06-28 ·cited 80×
  The court held that the State's evidence, even when viewed in its best light, affirmatively proved self-defense as a matter of law, making it legally insufficient to support a conviction for second-degree murder.
• Little v. State
  111 So. 3d 214· Fla. 2d DCA· 2013-04-10 ·cited 71×
  Aaron Little sought certiorari review of a circuit court's denial of his motion to dismiss a second-degree murder charge, arguing he was entitled to immunity under Florida's Stand Your Ground law because he used deadly force in self-defense against Demond Brooks. The Second Distr
• State v. Rivera
  719 So. 2d 335· Fla. 5th DCA· 1998-09-11 ·cited 55×
  Florida appeals the trial court's judgment of acquittal for Ivan Rivera, who shot Mike McCrae with a shotgun after a high-speed chase on Interstate 4. The court affirmed the acquittal, holding that the state failed to rebut Rivera's prima facie case of self-defense because the un
• Garramone v. State
  636 So. 2d 869· Fla. 4th DCA· 1994-05-11 ·cited 51×
  The court held that the trial court erred by failing to instruct the jury on the justifiable use of non-deadly force, as the defendants were entitled to have the jury consider whether their actions constituted non-deadly force in self-defense.
• Weiand v. State
  732 So. 2d 1044· Fla.· 1999-03-11 ·cited 47×
  The Florida Supreme Court reversed its 1982 decision in State v. Bobbitt and held that a defendant has no duty to retreat from their residence before using deadly force in self-defense against a co-occupant, though they must retreat within the home to the extent reasonably possib
• Floyd v. State
  151 So. 3d 452· Fla. 1st DCA· 2014-08-26 ·cited 46×
  Robert Franklin Floyd was convicted of second-degree murder and shooting into an occupied vehicle after claiming self-defense under Florida's "stand your ground" law. The appellate court reversed because the trial court gave conflicting jury instructions on the duty to retreat th
• Dorsey v. State
  74 So. 3d 521· Fla. 4th DCA· 2011-10-19 ·cited 46×
  John Dorsey was convicted of two counts of second degree murder, firearm possession by a convicted felon, and carrying a concealed firearm following a shooting at a high school party that killed two young men. The Fourth District Court of Appeal affirmed the weapons convictions b
• Dias v. State
  812 So. 2d 487· Fla. 4th DCA· 2002-03-13 ·cited 44×
  Robert Dias was convicted of attempted second degree murder after stabbing two men who entered his home to retrieve a borrowed guitar. On appeal, Dias argued self-defense based on the castle doctrine, challenged jury instructions, disputed the admissibility of a knife found in hi
• Wilton James Langston v. State
  789 So. 2d 1024· Fla. 1st DCA· 2001-04-20 ·cited 42×
  Wilton Langston was convicted of escape and resisting an officer with violence after a confrontation with a deputy sheriff during spring break. The First District Court of Appeal reversed the resisting conviction, holding that the trial court reversibly erred by refusing to instr
• Hoffman v. State
  708 So. 2d 962· Fla. 5th DCA· 1998-03-06 ·cited 41×
  Daniel Hoffman was convicted of second-degree murder with a firearm for shooting Marcus Dallaire during a violent altercation at an apartment. Hoffman appealed claiming self-defense, challenging the trial court's denial of judgment of acquittal, its jury instructions, and exclusi
• State v. Floyd
  186 So. 3d 1013· Fla.· 2016-03-10 ·cited 40×
  The Florida Supreme Court reviewed jury instructions on the justifiable use of deadly force to determine whether Florida Standard Jury Instruction 3.6(f) provided conflicting guidance regarding the duty to retreat. The court held that the instructions correctly and accurately sta
• Ortiz v. State
  905 So. 2d 1016· Fla. 2d DCA· 2005-07-01 ·cited 40×
  Ortiz petitioned for relief alleging his appellate counsel was ineffective for failing to argue that a jury instruction on justifiable use of deadly force constituted fundamental error in his aggravated battery conviction. The court granted the petition and allowed a belated appe
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2007-03
  976 So. 2d 1081· Fla.· 2008-03-06 ·cited 38×
  The Florida Supreme Court approved thirteen proposed amended or new standard jury instructions in criminal cases, addressing offenses including justifiable use of force, fleeing to elude law enforcement, animal cruelty, and disturbing assemblies. The Court remanded one instructio
• Baker v. State
  877 So. 2d 856· Fla. 2d DCA· 2004-07-09 ·cited 38×
  Appellate counsel was ineffective for failing to argue that a jury instruction on justifiable use of deadly force constituted fundamental error.
• Shawanna Dennis v. State
  696 So. 2d 1280· Fla. 4th DCA· 1997-07-16 ·cited 38×
  The appellate court affirmed the conviction but remanded for a written sentencing order, holding that claims of ineffective assistance of counsel must first be raised in a motion for post-conviction relief.
• Garrett v. State
  148 So. 3d 466· Fla. 1st DCA· 2014-08-22 ·cited 36×
  Antonio Garrett appeals his conviction for first-degree murder and felon in possession of a firearm after shooting an unarmed man. The court affirmed his conviction despite finding that the trial court erred by instructing the jury that Garrett's unlawful firearm possession const
• Dunnaway v. State
  883 So. 2d 876· Fla. 4th DCA· 2004-09-22 ·cited 34×
  Lorenzo Dunnaway was convicted of aggravated battery after retrial for second-degree murder. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that jury instructions on the justifiable use of force were misleading and confusing and fundamentally n
• Jackson v. State
  498 So. 2d 406· Fla.· 1986-11-13 ·cited 34×
  Andrea Jackson was convicted of first-degree murder for killing Jacksonville police officer Gary Bevel during an arrest and sentenced to death. The Florida Supreme Court affirmed her conviction and sentence, rejecting multiple constitutional and procedural challenges while findin
• Mobley v. State
  132 So. 3d 1160· Fla. 3d DCA· 2014-01-02 ·cited 33×
  Gabriel Mobley was charged with two counts of second-degree murder for shooting two men outside a restaurant. The Florida Third District Court of Appeal granted Mobley's petition for writ of prohibition, finding that he was entitled to immunity from prosecution under Florida's St
• Carter v. State
  889 So. 2d 937· Fla. 5th DCA· 2004-12-17 ·cited 32×
  The court held that giving a jury instruction on the "forcible felony" exception to self-defense was fundamental error when the defendant was not charged with a separate, independent forcible felony.
• Miller v. State
  613 So. 2d 530· Fla. 3d DCA· 1993-01-26 ·cited 32×
  Bryan Miller appeals his aggravated assault conviction, arguing the trial court erred by refusing to instruct the jury on justifiable non-deadly force and instead instructing only on justifiable deadly force. The court affirms, holding that firing a firearm—even as a warning shot
• Cooper v. State
  573 So. 2d 74· Fla. 4th DCA· 1990-12-28 ·cited 32×
  The court held that the trial court erred in imposing a sentence outside the guidelines without written reasons and in denying a jury instruction on the justifiable use of non-deadly force. The admission of certain hearsay testimony was not reversible error.
• Michel v. State
  989 So. 2d 679· Fla. 4th DCA· 2008-07-30 ·cited 30×
  The court held that the defendant received ineffective assistance of counsel due to the failure to request a jury instruction on the justifiable use of non-deadly force, which was prejudicial and apparent on the face of the record.
• Keys v. State
  606 So. 2d 669· Fla. 1st DCA· 1992-09-21 ·cited 30×
  Norman Donnell Keys appeals his conviction for second-degree murder and aggravated assault after a jury trial. The appellate court reversed the conviction and remanded for a new trial due to erroneous jury instructions on flight and the incomplete instruction on justifiable use o
• Parrott v. Wilson
  707 F.2d 1262· 11th Cir.· 1983-06-23 ·cited 29×
  The court affirmed the trial court's judgment, finding no abuse of discretion in denying a jury trial, admitting a deposition due to witness unavailability, vitiating work product privilege due to unprofessional conduct, or in dismissing the case based on evidence of justificatio
• Cruz v. State
  189 So. 3d 822· Fla. 4th DCA· 2015-05-20 ·cited 28×
  Anthony Cruz was convicted of manslaughter with a weapon and attempted second-degree murder for stabbing two men during a fight. On appeal, Cruz challenged the denial of his motion for judgment of acquittal based on self-defense, the admission of his Stand Your Ground hearing tes
• Mosansky v. State
  33 So. 3d 756· Fla. 1st DCA· 2010-04-20 ·cited 27×
  Gary Mosansky appeals his first-degree murder conviction and life sentence, arguing that the trial court committed fundamental error by failing to instruct the jury that the state bore the burden of proving beyond a reasonable doubt that he did not act in self-defense. The First
• Howard v. State
  698 So. 2d 923· Fla. 4th DCA· 1997-09-10 ·cited 26×
  Constance Howard was convicted of manslaughter in the death of her husband on retrial after her first conviction was reversed for jury selection errors. The Fourth District Court of Appeal reversed again, this time because the trial court erred in refusing to instruct the jury on
• Michael v. Montijo
  61 So. 3d 424· Fla. 5th DCA· 2011-04-15 ·cited 25×
  Michael Montijo was convicted of manslaughter with a deadly weapon in a road rage incident where he fatally stabbed Hunter Rosier. The Florida Fifth District Court of Appeal reversed the conviction because the jury instruction on self-defense improperly shifted the burden to Mont
• Cruz v. State
  971 So. 2d 178· Fla. 5th DCA· 2007-12-28 ·cited 25×
  Jose Cruz was convicted of two counts of aggravated battery with a deadly weapon after striking two men with his van. The appellate court reversed, holding that the trial court erred by refusing to instruct the jury on justifiable use of non-deadly force, as the question of wheth
• In re Standard Jury Instructions IN Crim. Cases (NO. 2004-1)
  911 So. 2d 766· Fla.· 2005-09-01 ·cited 25×
  The Florida Supreme Court authorized amendments to the Florida Standard Jury Instructions in Criminal Cases, approving revisions to instructions on rules of deliberation, aggravated child abuse, bribery offenses, theft offenses, and grand jury procedures. The Court declined to ap
• Bienvenido Bassallo v. State
  46 So. 3d 1205· Fla. 4th DCA· 2010-11-10 ·cited 24×
  Bienvenido Bassallo was convicted of aggravated assault with a deadly weapon, but the Florida Fourth District Court of Appeal reversed and remanded for a new trial, finding fundamental error in the self-defense jury instruction. The instruction improperly required proof of 'injur
• Goode v. State
  856 So. 2d 1101· Fla. 1st DCA· 2003-10-22 ·cited 24×
  Joseph Goode was convicted of aggravated battery after a physical altercation in an apartment. The appellate court reversed and remanded for a new trial because the trial court erred in denying Goode's requested jury instruction on the legal defense of others, even though Goode h
• Lusk v. State
  531 So. 2d 1377· Fla. 2d DCA· 1988-09-30 ·cited 24×
  Charles Lusk was convicted of burglary, aggravated battery, false imprisonment, and petit theft arising from a confrontation at the victim's mobile home. The appellate court reversed due to cumulative trial errors, including erroneous jury instructions on self-defense, improper e
• Baker v. State
  506 So. 2d 1056· Fla. 2d DCA· 1987-03-25 ·cited 24×
  Lethal self-defense was not established as a matter of law because the jury was entitled to conclude that the defendant could have reasonably avoided the need to defend himself by retreating into his car.
• Wyche v. State
  170 So. 3d 898· Fla. 3d DCA· 2015-07-22 ·cited 22×
  Quentin Wyche appeals his second-degree murder conviction for fatally stabbing Kendall Berry on the FIU campus, claiming jury instruction error regarding self-defense and stand-your-ground law, ineffective assistance of counsel, and insufficient evidence. The Florida District Cou
• Rios v. State
  143 So. 3d 1167· Fla. 4th DCA· 2014-08-13 ·cited 22×
  Luis Rios was convicted of first-degree murder and attempted murder after shooting multiple people outside a bar. The Florida appellate court reversed and remanded for a new trial, finding that the jury instructions improperly imposed a duty to retreat under pre-2005 law rather t
• Donte Terell Morgan v. State
  127 So. 3d 708· Fla. 5th DCA· 2013-11-22 ·cited 22×
  Donte Morgan appeals his convictions for second-degree murder in the deaths of Benjamin Hamilton and Amanda Hines, arguing the trial court's self-defense jury instructions were fundamentally flawed and that he was entitled to judgment of acquittal. The appellate court reversed Mo
• Narcisse Antoine v. State
  138 So. 3d 1064· Fla. 4th DCA· 2014-05-07 ·cited 21×
  Narcisse Antoine was convicted of attempted second-degree murder after shooting two men outside a nightclub in self-defense. The Fourth District Court of Appeal reversed and remanded for a new trial, finding reversible error in the jury instruction regarding the victim's reputati
• Montanez v. State
  24 So. 3d 799· Fla. 2d DCA· 2010-01-06 ·cited 21×
  Montanez, a tow truck company owner, shot and killed Glen Rich during a confrontation over a towed vehicle. Montanez sought immunity under Florida's 'Stand Your Ground' law, claiming self-defense, but the trial court denied his motion for immunity and motion to dismiss. The appel
• Rodriguez v. State
  837 So. 2d 1177· Fla. 3d DCA· 2003-02-26 ·cited 21×
  Rodriguez challenged the interpretation of 'forcible felony' under Florida law, arguing that burglary should not qualify as a forcible felony when the structure is unoccupied. The court reaffirmed that burglary is a forcible felony under section 776.08, but clarified that whether
• Terry v. State
  467 So. 2d 761· Fla. 4th DCA· 1985-04-10 ·cited 21×
  Shirley Terry appeals her conviction for manslaughter in the shooting death of her boyfriend, claiming self-defense. The court reverses because the trial court improperly excluded expert testimony on battered woman syndrome and evidence of Terry's mental state regarding the volun
• Farmer v. State
  975 So. 2d 1275· Fla. 4th DCA· 2008-03-19 ·cited 20×
  The court held that an erroneous jury instruction on justifiable use of deadly force did not constitute fundamental error because it did not deprive the defendant of a fair trial under the Martinez standard.
• Thompson v. State
  552 So. 2d 264· Fla. 2d DCA· 1989-11-08 ·cited 20×
  Defendant Thompson was convicted of aggravated battery and aggravated assault for shooting Edward Clifton twice during an altercation. The appellate court reversed the convictions, finding that Thompson established a prima facie case of self-defense that the state failed to rebut
• State v. Bobbitt
  389 So. 2d 1094· Fla. 1st DCA· 1980-11-07 ·cited 20×
  Florida's First District Court of Appeal reversed Elsie Virginia Bobbitt's manslaughter conviction for shooting her abusive husband in self-defense, holding that she had no duty to retreat from her own home before using deadly force and that the evidence of self-defense was legal
• In re Standard Jury Instructions IN Crim. Cases (NO. 2005-4)
  930 So. 2d 612· Fla.· 2006-05-25 ·cited 19×
  The Florida Supreme Court approved revised standard jury instructions for self-defense claims involving justifiable use of deadly and non-deadly force. The revisions reflected changes to Florida's self-defense statute enacted by the 2005 legislature, particularly the addition of
• Williams v. State
  727 So. 2d 1062· Fla. 4th DCA· 1999-02-24 ·cited 18×
  Vernon Williams was convicted of aggravated battery for hitting a co-worker with a lawnmower blade. The Fourth District reversed his conviction because the trial court erroneously refused to instruct the jury on the justifiable use of non-deadly force, which was a critical issue