Justifiable Use Of Deadly Force

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

• Toledo v. State
  452 So. 2d 661· Fla. 3d DCA· 1984-07-17 ·cited 18×
  The court held that expert testimony regarding general threats in the towing industry was inadmissible because it was not tied to the defendant's knowledge of those threats, and thus not relevant to his self-defense claim.
• Richards v. State
  39 So. 3d 431· Fla. 2d DCA· 2010-06-30 ·cited 16×
  John Rynell Richards was convicted of attempted murder after stabbing a fellow homeless man in a park. He appeals on the ground that the trial court gave an outdated jury instruction on self-defense that imposed a duty to retreat, which violated Florida's 2005 stand-your-ground l
• Mathews v. State
  799 So. 2d 265· Fla. 1st DCA· 2001-08-27 ·cited 16×
  Appellant appealed his conviction for aggravated battery, challenging the trial court's refusal to give a jury instruction on justifiable use of nondeadly force and raising a constitutional challenge to the Criminal Punishment Code. Although the court agreed the trial court erred
• Curington v. State
  704 So. 2d 1137· Fla. 5th DCA· 1998-01-30 ·cited 16×
  Ronald Curington was convicted of two counts of aggravated battery with a deadly weapon after using a knife to defend himself against a mob attack. The trial court erred by refusing to instruct the jury on the justifiable use of deadly force in self-defense, despite evidence supp
• O'Steen v. State
  547 So. 2d 235· Fla. 1st DCA· 1989-07-18 ·cited 16×
  The court held that the trial court's failure to give a jury instruction on the justifiable use of non-deadly force was harmless error, but the sentencing order requiring restitution was improper.
• Langel v. State
  255 So. 3d 359· Fla. 4th DCA· 2018-09-05 ·cited 15×
  The 2017 amendment to Florida's self-defense immunity statute, which shifts the burden of proof to the state to disprove a prima facie claim of self-defense immunity by clear and convincing evidence, is substantive and cannot be applied retroactively to offenses committed before
• Richards v. State
  128 So. 3d 959· Fla. 2d DCA· 2013-12-27 ·cited 14×
  John Richards appeals his conviction for attempted second-degree murder, challenging the jury instruction on attempted manslaughter as fundamentally flawed. Although the Florida Supreme Court had recently held that the standard attempted manslaughter instruction was defective, th
• Abbott v. State
  589 So. 2d 943· Fla. 2d DCA· 1991-10-11 ·cited 14×
  James Milton Abbott was convicted of aggravated battery and resisting an officer without violence. The appellate court affirmed his conviction for resisting an officer but reversed his aggravated battery conviction due to trial court errors in jury instructions on self-defense an
• Crimins v. State
  113 So. 3d 945· Fla. 5th DCA· 2013-02-08 ·cited 13×
  John Crimins was convicted of aggravated battery after claiming self-defense against Jason Warren. The trial court instructed the jury on the forcible felony exception to self-defense, but the appellate court reversed because there was no evidence Crimins was engaged in a separat
• Abdel Odeh v. State
  82 So. 3d 915· Fla. 4th DCA· 2011-07-18 ·cited 13×
  Abdel Odeh appeals his conviction for attempted first-degree murder, claiming the trial court erred by allowing a detective to opine during interrogation that self-defense was not legally available to him, and by giving erroneous jury instructions on justifiable use of deadly for
• Shepard v. Crosby
  916 So. 2d 861· Fla. 4th DCA· 2005-10-19 ·cited 13×
  A defendant convicted of second-degree murder and other charges challenged his appellate counsel's failure to argue that the trial court's jury instruction on justifiable use of force was erroneous. The Fourth District Court of Appeal agreed that the instruction was circular and
• Caruthers v. State
  721 So. 2d 371· Fla. 2d DCA· 1998-10-28 ·cited 13×
  The court held that the trial court erred in denying a jury instruction on the justifiable use of nondeadly force when the evidence did not establish as a matter of law that the weapon used was deadly.
• McCOMB v. State
  174 So. 3d 1111· Fla. 2d DCA· 2015-09-18 ·cited 12×
  The court held that the trial counsel's failure to request a jury instruction on the justifiable use of nondeadly force constituted ineffective assistance of counsel, as it was apparent on the face of the record and prejudiced the defendant.
• Sipple v. State
  972 So. 2d 912· Fla. 5th DCA· 2007-11-30 ·cited 12×
  Jeffrey Sipple was convicted of manslaughter after trial counsel failed to object to a jury instruction regarding the forcible felony exception to self-defense, even though Sipple was charged with only a single offense. The court held that trial counsel's failure to object consti
• McJIMSEY v. State
  959 So. 2d 1257· Fla. 4th DCA· 2007-07-05 ·cited 12×
  The court held that giving a jury instruction based on section 776.041(1), Florida Statutes, which states that the use of deadly force is not justifiable if the defendant is attempting to commit or escaping from certain felonies, constituted fundamental error when the defendant w
• Vondyleyn M. Sutton v. State
  929 So. 2d 1105· Fla. 4th DCA· 2006-05-10 ·cited 12×
  Vondyleyn Sutton was convicted of second degree murder and attempted second degree murder committed with a firearm. The appellate court affirmed the convictions but reversed and remanded for resentencing because the trial court erroneously admitted hearsay evidence regarding his
• Houston v. State
  919 So. 2d 489· Fla. 2d DCA· 2005-11-23 ·cited 12×
  The court held that the jury instruction on justifiable use of deadly force was fundamentally erroneous because it negated the defendant's sole defense of self-defense.
• Kwamin Hassan Thomas v. State
  918 So. 2d 327· Fla. 1st DCA· 2005-11-15 ·cited 12×
  Kwamin Hassan Thomas was convicted of two counts of first-degree murder for shooting and killing two unarmed men outside a nightclub after being punched by one of them. The appellate court affirmed the convictions, holding that Thomas was not entitled to a self-defense instructio
• Moyer v. State
  558 So. 2d 1045· Fla. 5th DCA· 1990-02-08 ·cited 12×
  Timothy Moyer appeals his convictions for attempted manslaughter with a weapon and engaging in a criminal offense with a weapon. The court affirms the attempted manslaughter conviction but reverses the conviction for engaging in a criminal offense with a weapon, finding the two c
• Hart v. State
  308 So. 3d 655· Fla. 4th DCA· 2020-12-16 ·cited 11×
  A defendant is not entitled to a new Stand Your Ground hearing when the jury convicted him beyond a reasonable doubt at trial and the evidence from the first SYG hearing demonstrates the self-defense claim failed under both the pre-2017 and post-2017 burden of proof standards.
• Marissa Alexander v. State
  121 So. 3d 1185· Fla. 1st DCA· 2013-09-26 ·cited 11×
  Marissa Alexander was convicted of aggravated assault with a deadly weapon for firing a warning shot at her abusive husband during a violent confrontation. The appellate court reversed and remanded for a new trial because the jury instructions on self-defense improperly shifted t
• Carter v. State
  115 So. 3d 1031· Fla. 4th DCA· 2013-06-05 ·cited 11×
  Jeffrey Carter was convicted of two counts of aggravated battery for attacking two homeless individuals with a knife. The Fourth District Court of Appeal affirmed the justifiable use of deadly force jury instruction but reversed and remanded for a new trial due to the erroneous a
• Woods v. State
  95 So. 3d 925· Fla. 5th DCA· 2012-08-03 ·cited 11×
  The court granted a motion to recall its mandate to clarify that a jury instruction on self-defense, when read in context with other instructions and evidence, did not constitute fundamental error, affirming the conviction.
• Jenkins v. State
  942 So. 2d 910· Fla. 2d DCA· 2006-10-11 ·cited 11×
  Melvin Jenkins was convicted of manslaughter after fatally stabbing Bryan Cerezo in a confrontation outside Jenkins' mobile home. The appellate court reversed the conviction, holding that Jenkins established a prima facie case of self-defense and the State failed to present legal
• Quaggin v. State
  752 So. 2d 19· Fla. 5th DCA· 2000-01-14 ·cited 11×
  Stanley Quaggin, a 76-year-old homeowner, shot and killed 14-year-old Eric Brooks who had entered Quaggin's home without permission. Quaggin claims self-defense and defense of property against burglary. The appellate court reversed his manslaughter conviction and 15-year sentence
• Mills v. State
  490 So. 2d 204· Fla. 3d DCA· 1986-06-24 ·cited 11×
  Sharon Mills was convicted of manslaughter for shooting her mother. The appellate court reversed and remanded for a new trial, holding that the trial court erred in refusing to instruct the jury on self-defense where sufficient evidence of Mills's claim existed.
• Orando Ricardo Thompson v. State
  257 So. 3d 573· Fla. 1st DCA· 2018-10-15 ·cited 10×
  The appellate court affirmed Thompson's conviction, holding that although the investigating officer's testimony that the case was not self-defense was impermissible, it was harmless beyond a reasonable doubt given the clear video evidence of the altercation. Thompson's stabbing o
• Larsen v. State
  82 So. 3d 971· Fla. 4th DCA· 2011-08-10 ·cited 10×
  Glenn Larsen appeals his conviction for aggravated battery with a deadly weapon, challenging the trial court's refusal to instruct the jury on justifiable use of non-deadly force. The Fourth District Court of Appeal affirms, holding that stabbing the victim in the neck with a kni
• McWHORTER v. State
  971 So. 2d 154· Fla. 4th DCA· 2007-12-12 ·cited 10×
  Jeremiah McWhorter was convicted of battery after a parking lot altercation. The Florida District Court of Appeal reversed because the trial court's jury instructions on self-defense included outdated language about a duty to avoid danger, which conflicted with the 2005 statutory
• Grimsley v. State
  939 So. 2d 123· Fla. 2d DCA· 2006-09-01 ·cited 10×
  Michael Grimsley appealed his aggravated battery conviction, raising four issues including whether the trial court abused its discretion by refusing to give jury instructions on both justifiable use of deadly and nondeadly force. The court affirmed the judgment and sentence, find
• Brozey v. State
  911 So. 2d 867· Fla. 2d DCA· 2005-09-28 ·cited 10×
  The court held that the trial court erred by refusing to give an expanded jury instruction on justifiable use of deadly force to include resisting an aggravated battery, and by giving a circular instruction regarding the exclusion of the defense when charged with a single forcibl
• Deveaugh v. State
  575 So. 2d 1373· Fla. 4th DCA· 1991-03-13 ·cited 10×
  A defendant is entitled to a jury instruction on his theory of the case, and failure to provide a requested instruction on justifiable use of non-deadly force, when supported by evidence, is not harmless error.
• Elder v. State
  296 So. 3d 440· Fla. 4th DCA· 2020-05-27 ·cited 9×
  The appellate court reversed a conviction for culpable negligence and remanded for a new trial and probation hearing. The court found that the trial court erred by refusing to instruct the jury on the presumption of reasonable fear for justifiable use of deadly force and by exclu
• Roberts v. State
  168 So. 3d 252· Fla. 1st DCA· 2015-06-18 ·cited 9×
  Jessie Roberts was convicted of attempted second-degree murder for shooting Catrina Howard during a marijuana transaction dispute. On appeal, Roberts challenged the trial court's failure to instruct on attempted manslaughter as a necessarily lesser-included offense and the trial
• Rangel v. State
  132 So. 3d 844· Fla. 2d DCA· 2013-12-13 ·cited 9×
  Francisco Rangel was convicted of second-degree murder and attempted second-degree murder. On appeal, the Florida Second District Court of Appeal affirmed his murder conviction but reversed his attempted murder conviction due to fundamental error in the jury instruction on attemp
• Hosnedl v. State
  126 So. 3d 400· Fla. 4th DCA· 2013-11-06 ·cited 9×
  Appellant Hosnedl was convicted of aggravated assault with a firearm after accidentally shooting a woman during a confrontation at his home. He appealed the trial court's denial of jury instructions on justifiable non-deadly force and defense of property, arguing his firearm disc
• Romulus Brinkley, Jr. v. State
  874 So. 2d 1199· Fla. 5th DCA· 2004-05-14 ·cited 9×
  The court held that the State presented a prima facie case, and the reasonableness of the defendant's belief and the applicability of the castle doctrine were questions for the jury.
• Pozo v. State
  682 So. 2d 1124· Fla. 1st DCA· 1996-09-24 ·cited 9×
  Tony Pozo appeals his conviction for second-degree murder and armed trespass. The court affirmed the convictions but vacated and remanded the sentences, holding that consecutive habitual felony offender sentences imposed for crimes committed during a single criminal episode const
• Ashlyn Salomon v. State
  267 So. 3d 25· Fla. 4th DCA· 2019-03-20 ·cited 8×
  Ashlyn Salomon was convicted of second-degree murder with a firearm after shooting and killing Jonathan Maciel outside an apartment complex. The court reverses and remands for a new trial due to a fundamental instructional error regarding self-defense and improper credibility bol
• Ross v. State
  157 So. 3d 406· Fla. 1st DCA· 2015-02-03 ·cited 8×
  DeAndre Ross was convicted of attempted second-degree murder and shooting into an occupied vehicle after firing at an unmarked police truck during a neighborhood burglary investigation. The appellate court reversed because the jury received contradictory instructions on the duty
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2009-01
  27 So. 3d 640· Fla.· 2010-01-07 ·cited 8×
  The Florida Supreme Court approved proposed amendments and new standard jury instructions for criminal cases, including instructions on bifurcated trials for felony recidivism, justifiable use of force, and sexual offender registration. The Court authorized these instructions for
• Salustian Rivero v. State
  871 So. 2d 953· Fla. 3d DCA· 2004-03-31 ·cited 8×
  The court held that pointing a firearm without firing it constitutes nondeadly force, and thus the trial court was correct in refusing a jury instruction on justifiable use of deadly force.
• Wallace v. State
  766 So. 2d 364· Fla. 3d DCA· 2000-07-26 ·cited 8×
  Jeffrey Wade Wallace appeals his convictions for first-degree murder and four counts of attempted first-degree murder arising from a shooting at a bar in Key West. The court affirms all convictions, rejecting Wallace's insanity defenses based on the M'Naghten rule and hallucinati
• Wilson v. State
  707 So. 2d 1200· Fla. 4th DCA· 1998-04-15 ·cited 8×
  Michael Smith Wilson was convicted of manslaughter with a firearm after being charged with second degree murder. He appealed on the grounds that the trial court should have granted judgment of acquittal or that confusing jury instructions on self-defense and the duty to retreat w
• Spence v. State
  678 So. 2d 459· Fla. 4th DCA· 1996-08-14 ·cited 8×
  The court held that the trial court erred in denying the defendant's request for a jury instruction on the lawful use of nondeadly force when there was some evidence to support his theory of self-defense.
• Stallings v. State
  634 So. 2d 784· Fla. 5th DCA· 1994-03-31 ·cited 8×
  Robert Lewis Stallings appeals his conviction for attempted second degree murder, arguing the trial court erred by failing to instruct the jury on excusable homicide. The Florida Fifth District Court of Appeal agreed and reversed, holding that the mandatory standard instruction o
• State v. Williams
  400 So. 2d 1326· Fla. 4th DCA· 1981-07-29 ·cited 8×
  The State appeals a trial court's grant of a motion to dismiss a manslaughter charge against Brenda Ann Williams, who claimed self-defense. The court held that the trial judge erred by granting the motion despite the State filing a sworn traverse that specifically denied material
• Cunningham v. State
  159 So. 3d 275· Fla. 4th DCA· 2015-03-04 ·cited 7×
  The court held that the trial court erred in refusing to give a justifiable use of non-deadly force jury instruction when there was conflicting evidence regarding the process server's actions and the nature of the force used.
• Hardison v. State
  138 So. 3d 1130· Fla. 1st DCA· 2014-05-14 ·cited 7×
  Hardison, a convicted felon, was convicted of second-degree murder for shooting an unarmed man. He appealed arguing the jury instruction on justifiable use of deadly force was fundamentally flawed because it effectively limited the defense to persons not engaged in unlawful activ
• Rooney Lee Thomas v. State
  831 So. 2d 253· Fla. 3d DCA· 2002-11-27 ·cited 7×
  An incorrect jury instruction on justifiable use of force is fundamental error if it may have led to conviction.