Justifiable Use Of Deadly Force

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

• Standard Jury Instructions-Criminal Cases (castle Doctrine)
  789 So. 2d 954· Fla.· 2000-12-14 ·cited 7×
  The Florida Supreme Court adopted a standard jury instruction on the castle doctrine for criminal cases, clarifying when a defendant may use deadly force in self-defense within their own home against a co-occupant or lawful invitee. The instruction establishes that while a defend
• Dwyer v. State
  743 So. 2d 46· Fla. 5th DCA· 1999-08-20 ·cited 7×
  Charles Owen Dwyer appeals the denial of his Rule 3.850 post-conviction motion claiming ineffective assistance of counsel and newly discovered evidence of the victim's violent reputation. The appellate court vacates and remands, finding that the trial court erroneously rejected t
• Kase v. State
  581 So. 2d 612· Fla. 1st DCA· 1991-05-28 ·cited 7×
  Fred Kase appealed his convictions for aggravated assault with a deadly weapon and improper exhibition of a weapon, arguing the dual convictions violated double jeopardy principles. The Florida appellate court affirmed, holding that the two offenses contain distinct statutory ele
• Battles v. State
  498 So. 2d 1028· Fla. 1st DCA· 1986-12-12 ·cited 7×
  Kenneth Battles was convicted of two counts of aggravated battery for throwing acid at Milo Jordon and Tonya Smith. On appeal, Battles argued the trial court erred in refusing to instruct the jury that self-defense could extend to an innocent bystander injured during lawful self-
• Edsel Posey v. State
  214 So. 2d 750· Fla. 1st DCA· 1968-11-01 ·cited 7×
  A landowner cannot use deadly force to remove trespassers from their property, even to protect hunting rights.
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2017-07.
  257 So. 3d 908· Fla.· 2018-11-21 ·cited 6×
  The Florida Supreme Court approved amended standard jury instructions 3.6(f) and 3.6(g) regarding justifiable use of deadly and non-deadly force in criminal cases, incorporating statutory changes and addressing self-defense principles including the stand-your-ground doctrine and
• State v. Barnes
  24 So. 3d 1244· Fla. 1st DCA· 2009-12-31 ·cited 6×
  The State appealed a trial court's order granting post-conviction relief based on ineffective assistance of counsel. The defendant's trial counsel failed to request a jury instruction on the justifiable use of non-deadly force, and the defendant argued this was deficient represen
• Barnes v. State
  932 So. 2d 589· Fla. 5th DCA· 2006-06-30 ·cited 6×
  Appellate counsel was ineffective for failing to argue on direct appeal that a jury instruction on the forcible felony exception constituted fundamental error.
• Camilo Marmol v. State
  750 So. 2d 764· Fla. 3d DCA· 2000-02-09 ·cited 6×
  The court held that it was error to ask a witness if they had been threatened or offered money to testify falsely in the presence of the jury without a factual basis, but the error was harmless. The court reversed and remanded for a new trial.
• Marshall v. State
  747 So. 2d 1045· Fla. 4th DCA· 2000-01-05 ·cited 6×
• Williams v. State
  588 So. 2d 660· Fla. 1st DCA· 1991-11-06 ·cited 6×
• State v. Kurns
  397 So. 2d 463· Fla. 2d DCA· 1981-04-29 ·cited 6×
  Florida charged Kurns with attempted first-degree murder, but the jury convicted him of the lesser offense of attempted second-degree murder. The trial court granted Kurns's motion for a new trial, but the appellate court reversed, holding that the trial court properly refused to
• Hayes v. The Memphis Police Dep't
  571 F.2d 357· 6th Cir.· 1978-03-13 ·cited 6×
  The court should not remand for further findings on self-defense, as the officer's actions were justified.
• Dooley v. State
  206 So. 3d 87· Fla. 2d DCA· 2016-10-14 ·cited 5×
  The court held that a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to raise a fundamental error in jury instructions should be granted, allowing a new appeal on that issue.
• Marty v. State
  210 So. 3d 121· Fla. 2d DCA· 2016-09-16 ·cited 5×
  Stephen Marty was convicted of aggravated assault with a deadly weapon after pointing a gun at a woman without firing it. The court reversed, finding that trial counsel was ineffective for requesting a jury instruction on the justifiable use of deadly force when the undisputed fa
• Stewart v. State
  113 So. 3d 914· Fla. 2d DCA· 2013-01-25 ·cited 5×
  Sean Christopher Stewart appeals his convictions for second-degree murder and aggravated assault, challenging a jury instruction on the justifiable use of deadly force. The appellate court found that the trial court erroneously instructed the jury on a forcible felony exception t
• Whigham v. State
  97 So. 3d 274· Fla. 1st DCA· 2012-09-06 ·cited 5×
  The court held that the prosecutor's statements during closing arguments did not improperly vouch for a witness's credibility or comment on the defendant's right to remain silent.
• Immanuel Kirkland-El v. State
  883 So. 2d 383· Fla. 4th DCA· 2004-09-29 ·cited 5×
  The court held that changing a jury instruction mid-trial after the defense relied on the prior agreement prejudiced the defendant and denied him a fair trial.
• Desmond Byrd v. State
  858 So. 2d 343· Fla. 1st DCA· 2003-10-03 ·cited 5×
  Desmond Byrd was convicted of manslaughter for striking Matthew Pritchard with a baseball bat during a street fight. The Florida appellate court reversed and remanded for a new trial, finding that the trial court's modified jury instruction on justifiable self-defense was mislead
• State v. Moore
  337 So. 3d 876· Fla. 3d DCA· 2022-03-02 ·cited 4×
  A defendant seeking dismissal based on self-defense immunity under section 776.032(4) must allege specific facts that show or tend to show all elements of justifiable use of deadly force, including that the defendant reasonably believed deadly force was necessary to prevent immin
• Little v. State
  302 So. 3d 396· Fla. 4th DCA· 2020-08-19 ·cited 4×
  The appellate court affirmed a conviction for aggravated assault and battery, holding that the defendant's counsel was not ineffective for failing to argue for a non-deadly force standard at a Stand Your Ground hearing. The court also found no fundamental error in the jury instru
• Derrion Rich v. State
  311 So. 3d 126· Fla. 2d DCA· 2020-06-10 ·cited 4×
  The appellate court denied a petition for a writ of prohibition and certiorari, finding that the lower court's ruling on a "Stand Your Ground" immunity motion was not a final, written order and thus premature for appellate review. The case involved a defendant charged with murder
• Radler v. State
  290 So. 3d 87· Fla. 4th DCA· 2020-02-12 ·cited 4×
  The trial court erred in refusing to give a jury instruction on justifiable use of non-deadly force where defendant's testimony that the victim approached him in a threatening manner and took a squaring-off stance provided sufficient evidence to support the instruction under the
• Copeland v. State
  277 So. 3d 1137· Fla. 5th DCA· 2019-08-22 ·cited 4×
  Jason Copeland was convicted of aggravated assault with a deadly weapon for brandishing a handgun during a road rage incident. The Fifth District Court of Appeal reversed because trial counsel was ineffective for failing to request a jury instruction on justifiable nondeadly forc
• Jackson v. State
  253 So. 3d 738· Fla. 1st DCA· 2018-08-10 ·cited 4×
  Curtis James Jackson appeals his conviction for aggravated battery with a firearm, raising two issues on appeal. The court reverses and remands for a new trial, finding that the trial court erred by failing to instruct the jury on Jackson's theory of justifiable use of deadly for
• Hiram Gonzalez Morales v. State
  251 So. 3d 167· Fla. 4th DCA· 2018-06-27 ·cited 4×
  The trial court properly denied Morales's motion to dismiss on Stand Your Ground grounds because the evidence, viewed in favor of the State, refuted his self-defense claim as physically implausible. The judgment of conviction for second degree murder was supported by competent su
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT NO. 2014-06
  191 So. 3d 411· Fla.· 2016-05-05 ·cited 4×
  The Florida Supreme Court approved amendments to two standard criminal jury instructions on justifiable use of deadly and non-deadly force under Chapter 776, Florida Statutes. The Court declined to authorize a proposed note about forcible felony instructions and remanded one inst
• Raushamon Brown v. State
  113 So. 3d 103· Fla. 5th DCA· 2013-05-17 ·cited 4×
  Raushamon Brown was convicted of aggravated assault with a deadly weapon (screwdriver) after a jury trial. The Florida District Court of Appeal reversed, holding that the trial court erred by refusing to instruct the jury on self-defense using non-deadly force, even though a scre
• Alvarado v. State
  98 So. 3d 80· Fla. 5th DCA· 2012-07-06 ·cited 4×
  William Alvarado was convicted by jury of attempted second-degree murder and shooting into a vehicle. He appeals, arguing that the trial court's jury instruction on self-defense improperly shifted the burden of proof to him by requiring the defendant to prove elements of aggravat
• Ervin L. Evans v. State
  62 So. 3d 1203· Fla. 4th DCA· 2011-06-08 ·cited 4×
  The court held that the prosecutor's comments during closing argument, implying witness tampering and suborning perjury without evidentiary support, constituted fundamental error warranting a new trial.
• Barnes v. State
  969 So. 2d 1117· Fla. 5th DCA· 2007-11-09 ·cited 4×
  Eugene Fitzgerald Barnes was convicted of attempted second-degree murder after a shooting incident. The Fifth District Court of Appeal reversed his conviction, holding that the trial court committed fundamental error by instructing the jury on the forcible felony exception to sel
• Granberry v. State
  967 So. 2d 1044· Fla. 5th DCA· 2007-11-02 ·cited 4×
  When a defendant charged with a single forcible felony asserts self-defense as his sole defense, it is fundamental error for the trial court to instruct the jury on the forcible felony exception to self-defense under section 776.041(1), because the instruction involves circular r
• State v. Mathis
  933 So. 2d 29· Fla. 2d DCA· 2006-05-10 ·cited 4×
  The court held that the prosecutor's unpreserved misstatement of the law regarding the duty to retreat was not fundamental error, and thus the trial court abused its discretion in granting a new trial.
• Shana Barnes v. State
  922 So. 2d 380· Fla. 1st DCA· 2006-03-03 ·cited 4×
  The court held that the State presented sufficient evidence for a second-degree murder conviction, the trial court did not err in allowing prior testimony into the jury room, and the jury instructions on the duty to retreat were not confusing.
• Moore v. State
  912 So. 2d 1252· Fla. 2d DCA· 2005-10-28 ·cited 4×
  The court held that giving an inaccurate and misleading jury instruction on justifiable use of deadly force was error that was not harmless.
• Jemmott v. State
  779 So. 2d 472· Fla. 2d DCA· 2000-11-03 ·cited 4×
  Edwin Jemmott appeals his conviction for aggravated battery and 117-month sentence, challenging the trial court's denial of a jury instruction on justifiable use of nondeadly force for the lesser included battery charge. Although the court found the denial to be error, it affirme
• Hannah v. State
  751 So. 2d 79· Fla. 2d DCA· 1999-12-17 ·cited 4×
  Thomas William Hannah appeals his conviction for first-degree murder and grand theft of a firearm arising from the shooting death of Byron Patty during a robbery attempt. The court affirmed the first-degree murder conviction but reversed the grand theft conviction due to insuffic
• Wade v. State
  610 So. 2d 664· Fla. 1st DCA· 1992-12-16 ·cited 4×
  Wade was convicted of attempted second-degree murder, aggravated battery, and firearm possession by a convicted felon after a shooting incident outside a bar. The appellate court reversed, finding two reversible errors: the trial court improperly excluded evidence of the victim's
• Bright v. State
  555 So. 2d 1284· Fla. 3d DCA· 1990-01-16 ·cited 4×
  Charles Junior Bright appeals his convictions for armed kidnapping and firearm possession, challenging the trial court's instruction that self-defense was not available as a defense to the kidnapping charge. The court reversed, holding that the defendant was entitled to raise sel
• Simmons v. State
  337 So. 3d 470· Fla. 1st DCA· 2022-03-16 ·cited 3×
  The appellate court affirmed the denial of postconviction relief for a defendant who claimed his trial counsel was ineffective for not filing a pretrial motion for immunity under Florida's Stand-Your-Ground law. The court held that because the jury rejected the defendant's self-d
• Dooley v. State
  268 So. 3d 880· Fla. 2d DCA· 2019-04-03 ·cited 3×
  A jury instruction that conflates sections 776.012(1) and 776.013(3) of Florida's Stand Your Ground law constitutes fundamental error when it fails to distinguish that section 776.012(1) does not contain an unlawful activity requirement while section 776.013(3) does, thereby misl
• Wagner v. State
  240 So. 3d 795· Fla. 1st DCA· 2017-12-06 ·cited 3×
  Kristen Wagner was convicted of attempted first-degree murder for shooting her husband in the back. The court affirmed her conviction and exclusion of evidence regarding battered-spouse syndrome, finding such evidence immaterial where the defendant's defense is accident rather th
• State v. Peraza
  226 So. 3d 937· Fla. 4th DCA· 2017-08-30 ·cited 3×
  A Florida appellate court held that law enforcement officers are entitled to seek immunity under Florida's Stand Your Ground law (sections 776.012 and 776.032) when using deadly force, rejecting the argument that officers are limited to a qualified immunity defense under section
• Celestor Gregory v. State
  211 So. 3d 292· Fla. 4th DCA· 2017-02-08 ·cited 3×
  Celestor Gregory was convicted of robbery with a weapon and battery after stealing liquor and assaulting the store owner. He appealed arguing the trial court committed fundamental error by failing to instruct the jury on justifiable use of deadly force, but the appellate court af
• Rudin v. State
  182 So. 3d 724· Fla. 1st DCA· 2015-12-22 ·cited 3×
  A defendant claiming immunity under Florida's justified use of deadly force statute must prove by a preponderance of evidence that deadly force was necessary to prevent imminent death, great bodily harm, or an imminent forcible felony. Here, Rudin failed to meet this burden becau
• Woodsmall v. State
  164 So. 3d 696· Fla. 5th DCA· 2015-04-10 ·cited 3×
  The trial court erred in giving a forcible-felony exception jury instruction for justifiable use of deadly force on the aggravated battery charge when there was no independent forcible felony charged.
• McJIMSEY v. State
  31 So. 3d 797· Fla. 4th DCA· 2009-10-21 ·cited 3×
  The Fourth District Court of Appeal affirmed Troy McJimsey's conviction for armed attempted first-degree murder despite a trial court error in instructing the jury on the self-defense justification. Following Supreme Court guidance in Martinez v. State, the court held that while
• Marman v. State
  814 So. 2d 1158· Fla. 2d DCA· 2002-04-12 ·cited 3×
  Sylvia Marman was convicted of second-degree murder after trial, but the Florida appellate court reversed and remanded for a new trial because the trial judge improperly prohibited defense counsel from presenting closing argument on a jury instruction regarding justifiable use of
• Smith v. State
  415 So. 3d 278· Fla. 6th DCA· 2025-06-27 ·cited 2×
  A defendant is entitled to a jury instruction on self-defense if there is any evidence to support it, no matter how weak, and the trial court must not weigh evidence or make factual determinations when deciding whether to give the instruction. A prior threat made to a defendant b
• Espichan v. State
  391 So. 3d 653· Fla. 6th DCA· 2024-07-19 ·cited 2×
  Jose Mike Espichan was convicted of second-degree murder for shooting Jesus Milian Cabrera. The Florida District Court of Appeal, Sixth District, reversed his conviction and remanded for a new trial because the trial court erred by refusing to include aggravated assault as a poss