Justifiable Use Of Deadly Force

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

• Drejka v. State
  330 So. 3d 1055· Fla. 2d DCA· 2021-12-29 ·cited 2×
  Michael Drejka was convicted of manslaughter for shooting Markeis McGlockton during a dispute over a parking space. Drejka appealed, arguing various errors including the admission of "Williams Rule" evidence and the use of slow-motion video. The appellate court affirmed the convi
• Croft v. State
  291 So. 3d 1285· Fla. 5th DCA· 2020-03-26 ·cited 2×
  Kenya Croft was convicted of two counts of aggravated battery after a physical altercation at his sister's apartment. The Fifth District Court of Appeal reversed and remanded for a new trial, holding that the trial court erred in refusing to instruct the jury on the justifiable u
• Corry Mency v. State
  292 So. 3d 1· Fla. 1st DCA· 2019-06-12 ·cited 2×
  The trial court did not err in ruling on the defendant's self-defense immunity claim, and any error at the immunity hearing was mooted by the proper jury instruction and full litigation of the self-defense claim at trial. The defendant's argument that the trial court failed to as
• Hart v. State
  247 So. 3d 556· Fla. 4th DCA· 2018-05-30 ·cited 2×
  A defendant is entitled to jury instructions on both justifiable deadly and non-deadly force when the evidence does not establish as a matter of law that the force used was deadly, and the nature of the force—not the resulting injuries—determines whether force is deadly as a matt
• O'Shea Terrell Jackson v. State
  180 So. 3d 1103· Fla. 5th DCA· 2015-12-04 ·cited 2×
  Jackson was convicted of second-degree murder after fatally shooting Felder. On appeal, Jackson argued that jury instructions on self-defense and duty to retreat were conflicting and constituted fundamental error. The appellate court affirmed, holding that Florida Standard Jury I
• RAY v. State
  176 So. 3d 1010· Fla. 5th DCA· 2015-10-16 ·cited 2×
  Charles Ray appealed the trial court's summary denial of his Rule 3.850 post-conviction motion alleging ineffective assistance of counsel. The appellate court affirmed the summary denial in part but reversed as to claims alleging counsel failed to file a Stand Your Ground motion
• King v. State
  177 So. 3d 4· Fla. 2d DCA· 2015-07-29 ·cited 2×
  Antonio King appeals his convictions for first-degree murder, attempted first-degree murder, and attempted second-degree murder arising from a shooting incident. The court affirms the convictions and sentences but remands to correct scrivener's errors on the written judgment, hol
• Amadeo Valls v. State
  159 So. 3d 234· Fla. 3d DCA· 2015-02-25 ·cited 2×
  Amadeo Valls was convicted of first-degree murder and armed burglary in connection with a shooting death at a residential property. The Florida appellate court reversed his convictions and remanded for a new trial, holding that the trial court erred by excluding a critical jury i
• Oliver v. State
  162 So. 3d 162· Fla. 1st DCA· 2015-01-29 ·cited 2×
  Joshua Oliver was convicted of manslaughter for a stabbing at a nightclub and sentenced to 30 years in prison. He appealed claiming the jury instructions on justifiable use of deadly force were fundamentally erroneous, but the court affirmed because his counsel affirmatively requ
• Williams v. State
  65 So. 3d 1209· Fla. 2d DCA· 2011-08-03 ·cited 2×
  The trial court's failure to instruct the jury on the justifiable use of nondeadly force, when requested and supported by evidence, constitutes reversible error that was not harmless.
• Jones v. State
  13 So. 3d 139· Fla. 5th DCA· 2009-06-05 ·cited 2×
  Florida appellate court affirmed conviction for aggravated battery with a firearm, holding that jury instruction on justifiable use of deadly force did not shift the burden of proof to the defendant.
• Jamar Antwan Hill v. State
  979 So. 2d 1134· Fla. 3d DCA· 2008-04-16 ·cited 2×
  Jamar Hill appeals his two first-degree murder convictions, arguing the trial court erred by refusing to instruct the jury on imperfect self-defense. The court affirmed the convictions, holding that Florida law does not recognize imperfect self-defense as a doctrine that reduces
• Barnes v. State
  993 So. 2d 542· Fla. 3d DCA· 2008-01-23 ·cited 2×
  The Florida Third District Court of Appeal reversed a second-degree murder conviction, finding that a jury instruction on self-defense was fundamentally erroneous. The instruction incorrectly suggested that the defendant could not claim self-defense if he was committing a forcibl
• Rickie Mathis v. State
  973 So. 2d 1153· Fla. 1st DCA· 2006-10-25 ·cited 2×
  Rickie Mathis appealed his aggravated battery conviction, arguing his trial counsel was ineffective for failing to request a jury instruction on the justifiable use of non-deadly force despite arguing self-defense at trial. The court reversed and remanded for a new trial, holding
• Smith v. State
  772 So. 2d 625· Fla. 4th DCA· 2000-12-13 ·cited 2×
  Sylvester Smith appealed his conviction and life sentence for second-degree murder, arguing that jury instructions on homicide, justifiable use of deadly force, and aggravated assault were incomplete and misleading. The appellate court affirmed the conviction, finding no fundamen
• Jurandir Albuguergue v. State
  700 So. 2d 464· Fla. 4th DCA· 1997-10-22 ·cited 2×
  Appellant was convicted of aggravated battery after striking a victim with an antitheft device (a 'club'). The Florida appellate court reversed and remanded for a new trial, holding that the trial court erred by refusing to instruct the jury on justifiable use of non-deadly force
• Keith v. State
  614 So. 2d 560· Fla. 1st DCA· 1993-02-08 ·cited 2×
  David Keith appeals his aggravated battery conviction, challenging a jury instruction on self-defense that incorrectly stated the law regarding justifiable use of nondeadly force. The Florida First District Court of Appeal affirms the conviction, finding the instructional error h
• Dawson v. State
  597 So. 2d 924· Fla. 1st DCA· 1992-04-24 ·cited 2×
  The court held that the trial court committed fundamental error by failing to instruct the jury on the defense of others, despite evidence supporting that theory and a specific jury inquiry.
• Fitzgerald v. Sgt. M.E. Patrick
  927 F.2d 1037· 8th Cir.· 1991-03-08 ·cited 2×
  The court held that law enforcement officers were justified in using deadly force under the circumstances, and thus were entitled to qualified immunity.
• Berrane v. State
  337 So. 3d 464· Fla. 1st DCA· 2022-02-16 ·cited 1×
  The appellate court affirmed a conviction for third-degree murder and other charges, holding that a jury instruction on the justifiable use of deadly force, even if erroneous, did not constitute fundamental error. The court found the defendant's self-defense claim was weak and th
• Toiran v. State
  337 So. 3d 93· Fla. 3d DCA· 2021-11-17 ·cited 1×
  A trial court's error in applying an incorrect burden of proof at a Stand Your Ground immunity hearing is harmless when the jury convicts the defendant at trial by proof beyond a reasonable doubt, as the trial burden is heavier than the pretrial burden. The defendant is not entit
• Peruchi v. State
  317 So. 3d 1262· Fla. 2d DCA· 2021-05-07 ·cited 1×
  The appellate court reversed a second-degree murder conviction and life sentence due to fundamental error in jury instructions regarding the justifiable use of deadly force. The instructions incorrectly listed uncharged offenses as forcible felonies, potentially misleading the ju
• State v. Hester
  319 So. 3d 126· Fla. 3d DCA· 2021-03-24 ·cited 1×
  The State appeals a trial court's post-conviction order vacating a jury verdict for attempted second-degree murder based on ineffective assistance of counsel. The defendant claimed his trial counsel ineffectively withdrew a Stand Your Ground immunity motion to avoid having the de
• Brown v. State
  300 So. 3d 332· Fla. 1st DCA· 2020-07-06 ·cited 1×
  The appellate court affirmed a conviction for second-degree murder, finding no abuse of discretion in the trial court's exclusion of the victim's criminal judgment and sentence. The court held this evidence was not relevant to the defendant's state of mind for self-defense.
• Menard v. Florida Attorney General (Collier County)
  2020 WL 2188675· M.D. Fla.· 2020-05-20 ·cited 1×
  James Matthew Menard, a Florida prisoner convicted of aggravated battery, armed trespass, and third-degree felony murder, sought federal habeas relief challenging his convictions and sentences on multiple grounds, including claims of ineffective assistance of counsel and sentenci
• Routenberg v. State
  301 So. 3d 325· Fla. 2d DCA· 2020-01-31 ·cited 1×
  The appellate court granted relief to a defendant who claimed ineffective assistance of appellate counsel. The court found that the trial court's jury instruction on self-defense was fundamentally erroneous, effectively negating the defendant's only defense and depriving him of a
• Amos Moorer v. State
  278 So. 3d 181· Fla. 1st DCA· 2019-07-23 ·cited 1×
  Amos Moorer was convicted of attempted second-degree murder for shooting his ex-girlfriend Sara Wilson and her boyfriend Jahmai Bassett. Moorer appealed challenging jury instructions on justifiable use of deadly force and an aggressor instruction, arguing the former was fundament
• Pileggi v. State
  232 So. 3d 415· Fla. 4th DCA· 2017-11-08 ·cited 1×
  Catherine Pileggi appeals her second-degree murder conviction, arguing the trial court erred in denying her motion for judgment of acquittal and that she was denied due process regarding an independent autopsy. The court affirms her conviction and addresses the State's cross-appe
• Romans v. State
  221 So. 3d 647· Fla. 4th DCA· 2017-05-31 ·cited 1×
  Matthew Romans appealed his aggravated battery conviction and sentence, challenging the exclusion of a character witness, the failure to instruct on justifiable deadly force, the denial of a downward departure motion, and the imposition of drug offender probation. The court affir
• Navarro v. State
  190 So. 3d 212· Fla. 4th DCA· 2016-04-27 ·cited 1×
  Manuel Navarro appeals his manslaughter conviction, arguing the trial court erred by failing to instruct the jury of his right to stand his ground and lack of duty to retreat under Florida law. The Fourth District Court of Appeal reversed and remanded for a new trial, holding tha
• Giardina v. State
  160 So. 3d 476· Fla. 2d DCA· 2015-02-20 ·cited 1×
  Florida appellate court affirmed denial of habeas corpus petition where defendant challenged jury instruction on duty to retreat, holding the standard instruction that defendant had no duty to retreat if not engaged in unlawful activity was not erroneous and did not constitute ma
• Martin v. State
  154 So. 3d 1161· Fla. 2d DCA· 2015-01-07 ·cited 1×
  Dwayne Martin was convicted of aggravated battery and grand theft stemming from a theft of ATVs and a subsequent altercation with a witness. The appellate court affirmed the grand theft conviction but reversed the aggravated battery conviction due to fundamental error in the jury
• Jackson v. State
  947 So. 2d 480· Fla. 3d DCA· 2006-11-08 ·cited 1×
  Jeffery Jackson appealed his first-degree murder conviction, arguing that cumulative trial errors deprived him of a fair trial. The Florida appellate court reversed and remanded for a new trial, finding that the trial court improperly restricted Jackson's testimony about his prio
• Howard v. Moore
  730 So. 2d 800· Fla. 4th DCA· 1999-03-31 ·cited 1×
  Willie C. Howard petitioned for a writ of habeas corpus alleging his appellate counsel was ineffective for failing to argue that the trial court's jury reinstruction on homicide offenses was incomplete. The court granted the petition, finding that the reinstruction on justifiable
• Crider v. State
  632 So. 2d 1058· Fla. 5th DCA· 1994-02-04 ·cited 1×
  Albert Crider was charged with aggravated assault on a law enforcement officer after being shot by a SWAT team executing a search warrant at his home. The appellate court reversed his conviction for the lesser included offense of aggravated assault, holding that the trial court e
• Priestley v. State
  537 So. 2d 690· Fla. 2d DCA· 1989-01-27 ·cited 1×
  Priestley was convicted of second-degree murder after shooting a man who attacked him outside a bar. The appellate court reversed because the trial judge gave an erroneous jury instruction on aggravated battery that required proof of a deadly weapon, which negated Priestley's sel
• Vallia v. State
  Fla. 1st DCA· 2026-09-09
  The trial court did not abuse its discretion in denying three motions for mistrial where the prosecutor's cross-examination of a defense witness addressed third-party communications rather than the defendant's silence, the prosecutor's statement about the illegality of firing fro
• Cordell v. State
  Fla. 2d DCA· 2026-06-19
  The trial court committed reversible error by instructing the jury on the forcible felony exception to self-defense under section 776.041(1) because Cordell was charged only with third-degree murder and attempted felony murder—the very crimes for which he asserted self-defense—an
• Darby v. State
  Fla. 4th DCA· 2026-03-04
  Billy Joe Darby appeals his conviction for attempted manslaughter, challenging the trial court's denial of a jury instruction on misdemeanor battery and the court's overruling of his objection to the prosecutor's closing argument implying he had a duty to retreat. The appellate c
• Higbee v. State
  Fla. 2d DCA· 2026-02-11
  Kiernan Higbee was convicted as a principal to third-degree felony murder after his friend fired a gun during a failed drug deal. The trial court erred by instructing the jury on the forcible felony exception to self-defense even though Higbee was not charged with an independent
• Simmons v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2025-09-15
  Anthony Lamar Simmons, an inmate challenging his conviction for attempted second-degree murder and attempted armed robbery, sought federal habeas relief on claims of ineffective assistance of trial counsel. The Middle District of Florida rejected all four grounds, holding that th
• Mahon v. Fla. Dep't of Corr.
  S.D. Fla.· 2025-04-29
  Martin Mahon, an Irish national with a violent history with his former girlfriend Gillian Johnston, challenged his conviction for attempted second-degree murder on grounds that his trial counsel was ineffective for failing to object to confusing and erroneous jury instructions on
• Porter v. Dixon
  N.D. Fla.· 2024-09-30
  The court held that certain claims were procedurally defaulted and unexhausted, and that the remaining claims did not meet the standard for federal habeas relief under 28 U.S.C. § 2254(d).
• Cowins v. State
  Fla. 4th DCA· 2024-09-11
  Expert testimony regarding a defendant's PTSD is irrelevant and inadmissible in support of a self-defense claim because self-defense is measured by an objective standard—whether a reasonably cautious and prudent person under the same circumstances would have believed force was ne
• Herrera-Vasquez v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-08-09
  The court denied the petition for a writ of habeas corpus, finding no constitutional violations in the state court proceedings.
• Hamilton v. State
  Fla. 4th DCA· 2024-05-29
  The trial court properly denied the motion for judgment of acquittal because competent, substantial evidence supported the jury's finding of premeditation, and the trial court did not abuse its discretion in giving standard jury instructions rather than the requested special inst
• Gonzalez v. State
  Fla. 6th DCA· 2024-04-19
  Carlos Lorenzo Gonzalez was convicted of second-degree murder with a weapon for stabbing Martin Zuniga during an altercation on Gonzalez's property. The Florida District Court of Appeal, Sixth District, reversed the conviction and remanded for a new trial, finding that the trial
• Collins v. Sec'y, Dep't of Corr. (Hernando County)
  M.D. Fla.· 2023-12-20
  The federal court denied a habeas corpus application because the claims were either procedurally defaulted or the state court's denial of the claims did not involve an unreasonable application of federal law.
• Stinson v. Sec.
  M.D. Fla.· 2023-10-16
  Noni Jamil Stinson, a Florida inmate, sought federal habeas relief under 28 U.S.C. § 2254, challenging her 2013 state court conviction for manslaughter in the shooting death of her husband. The court denied her amended petition, which raised seven grounds for relief centered on c
• Smith v. Fla. Dep't of Corr.
  S.D. Fla.· 2023-02-14
  The court denied the petition for writ of habeas corpus, finding no substantial showing of the denial of a constitutional right and thus denying a certificate of appealability.