Justifiable Use Of Deadly Force

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

• Jimenez v. State
  Fla. 2d DCA· 2023-01-20
  The appellate court granted a petition for certiorari, quashing a trial court's order that denied a "Stand Your Ground" motion to dismiss. The court found the trial court applied an incorrect legal standard by deeming the motion insufficient solely because the defendant admitted
• State v. Wagner
  Fla. 1st DCA· 2022-11-30
  The appellate court reversed a lower court's order granting a new trial based on ineffective assistance of counsel. The defendant argued her trial counsel was ineffective for failing to request a "no duty to retreat" jury instruction under Florida's Stand Your Ground law. The app
• Garrett v. Sec'y Fla. Dept. Corr. (Duval County)
  M.D. Fla.· 2022-01-13
  Antonio Garrett, convicted of first-degree murder in a 2013 shooting death, sought federal habeas relief challenging a jury instruction that conditioned his self-defense claim on a duty to retreat based on his status as a felon in illegal possession of a firearm. The federal cour
• Claudio-Martinez v. State
  Fla. 2d DCA· 2021-07-30
  The appellate court reversed a conviction for aggravated battery with a deadly weapon, finding that the trial counsel rendered ineffective assistance by failing to request a jury instruction on the justifiable use of nondeadly force. This omission prejudiced the defendant's abili
• Anderson v. Sec'y, Dep't of Corr. (Duval County)
  M.D. Fla.· 2021-07-20
  The court held that the state court's denial of the petitioner's ineffective assistance of counsel claim was not unreasonable and therefore denied the petition for writ of habeas corpus.
• LEE v. State
  Fla. 3d DCA· 2021-07-07
  Ryan Denard Lee appealed his conviction for second-degree murder with a firearm in the 2013 death of Yves Sanon. The Third District Court of Appeals affirmed the murder conviction and rejection of the self-defense jury instruction argument, but reversed the conviction for use of
• Roberts v. Secretary, DOC (Lee County)
  M.D. Fla.· 2021-06-07
  The court held that the petitioner failed to demonstrate that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
• Barnes v. Sec'y, Dep't of Corr. (Duval County)
  M.D. Fla.· 2021-05-20
  The court held that the state court's denial of the petitioner's claim of ineffective assistance of counsel was not contrary to federal law and was not based on an unreasonable determination of facts.
• Garcia v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2021-04-16
  Julio Garcia IV appealed his state convictions for aggravated battery with a deadly weapon, challenging them through a federal habeas petition on multiple grounds including ineffective assistance of counsel, prosecutorial misconduct, and sufficiency of the evidence. The district
• Boyington v. Sec'y, Dep't of Corr. (Suwannee County)
  M.D. Fla.· 2021-02-24
  Michael Boyington, convicted in Florida state court of attempted murder and aggravated assault, filed a federal habeas petition challenging his conviction on six grounds, including claims of ineffective assistance of counsel, prosecutorial misconduct, and jury instruction error.
• Cito v. Sec'y, Dep't of Corr. (Pasco County)
  M.D. Fla.· 2020-12-08
  The court denied the petition for a writ of habeas corpus, finding no merit to claims of ineffective assistance of counsel.
• Kaiser v. Sec'y, Fla. Dep't of Corr.
  M.D. Fla.· 2020-09-10
  The court held that the petitioner's claims regarding erroneous jury instructions and ineffective assistance of counsel were procedurally barred or without merit under federal habeas review standards.
• David v. State
  Fla. 3d DCA· 2020-06-10
  The appellate court reversed a conviction for attempted manslaughter and aggravated assault, finding that the trial court committed fundamental error by omitting crucial language from the jury instruction on transferred intent. This omission prevented the jury from considering th
• Montgomery v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-04-10
  Steven Willie Montgomery, convicted of second-degree murder with a weapon, filed a federal habeas petition challenging his state conviction, raising fourteen grounds for relief including state law claims about jury instructions and ineffective assistance of counsel claims under t
• Johnson v. State
  Fla. 1st DCA· 2020-03-12
  The appellate court affirmed the conviction of second-degree murder and possession of a firearm by a felon. The appellant argued that the trial court erred in several rulings, including admitting evidence, denying a motion for acquittal, jury instructions, and prosecutorial misco
• In re Standard Jury Instructions in Crim. Cases - Report 2019-01
  Fla.· 2019-12-19
  The Court authorized amended instructions 3.6(f) and 3.6(g) with italicized notes flagging the unresolved question of whether the castle doctrine applies to workplace self-defense when the defendant is engaged in criminal activity, rather than resolving the substantive legal issu
• Giardina v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2019-10-16
  Michael Giardina, convicted of aggravated battery for stabbing Christopher Carpentier, filed a federal habeas corpus petition claiming ineffective assistance of counsel and challenging jury instructions on self-defense under Florida's Stand Your Ground law. The district court den
• Fields v. State
  Fla. 5th DCA· 2019-10-10
  George Fields appealed the denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief, raising ineffective assistance of counsel claims related to his conviction for second-degree murder. The appellate court affirmed the trial court's denial, finding
• Elton Bolduc v. State
  Fla. 2d DCA· 2019-09-04
  A defendant states a facially sufficient claim of ineffective assistance of counsel when counsel fails to object to a self-defense jury instruction that is legally inaccurate under the applicable statute, and prejudice is not conclusively refuted when a jury might have believed t
• Silva v. State
  259 So. 3d 278· Fla. 3d DCA· 2018-11-14
  The trial court committed fundamental error by using an outdated jury instruction on self-defense that shifted the burden of proof to the defendant on the second-degree murder count, requiring reversal. The attempted first-degree murder conviction was affirmed because the defenda
• Cuthbertson v. State
  Fla. 2d DCA· 2018-04-04
  The judgment of the trial court was properly entered under Florida's statutory provisions regarding armed criminal activity and lawful self-defense.
• Evander Stickney v. State
  237 So. 3d 1022· Fla. 4th DCA· 2018-02-14
  Evander Stickney appeals his felony battery conviction arising from a physical altercation with his former girlfriend, Marika Ellis. The trial court instructed the jury on Ellis's right to use self-defense, and Stickney argues this instruction was improper and misleading. The cou
• Reeder v. State
  213 So. 3d 964· Fla. 1st DCA· 2015-11-24
  The court reversed a second-degree murder conviction and remanded for a new trial because the standard jury instruction on justifiable use of deadly force was internally inconsistent and constituted fundamental error where it effectively negated the defendant's sole defense.
• Robinson v. State
  175 So. 3d 887· Fla. 1st DCA· 2015-09-03
  Anthony Robinson appealed his convictions for attempted second-degree murder and firearm-related offenses, challenging the trial court's denial of his motion to suppress his confession and its ruling regarding a justifiable-use-of-deadly-force jury instruction. The appellate cour
• Tramel v. State
  243 So. 3d 423· Fla. 1st DCA· 2015-08-14
  Conflicting jury instructions on the duty to retreat and the justifiable use of deadly force under the 'stand your ground' law constitute fundamental error requiring reversal.
• Helton v. State
  228 So. 3d 160· Fla. 1st DCA· 2014-12-11
  Timothy Helton was convicted of aggravated battery and simple battery after a jury trial. The First District Court of Appeal reversed his aggravated battery conviction and sentence, finding that the trial court's jury instructions on the justifiable use of deadly force contained
• Reuben Sloan v. State
  135 So. 3d 580· Fla. 1st DCA· 2014-04-14
  Reuben Sloan was convicted of aggravated battery with a deadly weapon after being denied jury instructions on justifiable use of both deadly and non-deadly force. The appellate court reversed because when the type of force used is not established as a matter of law (here, a baseb
• Johnson Michel v. State
  14 So. 3d 1102· Fla. 3d DCA· 2009-06-10
  Johnson Michel appeals his first-degree murder conviction, challenging the trial court's denial of his motion to suppress statements made to detectives, evidentiary rulings, and a self-defense jury instruction that included an inapplicable forcible-felony exception. The appellate
• Cancel v. State
  985 So. 2d 1127· Fla. 5th DCA· 2008-06-06
  Carlos Cancel was convicted of second-degree murder with a weapon for killing Benjamin Finley with a bat during a confrontation outside a liquor store. Cancel appealed, claiming the trial court erred by instructing the jury on the forcible felony exception to self-defense justifi
• Novak v. State
  974 So. 2d 520· Fla. 4th DCA· 2008-02-06
  The court held that instructing the jury that the defendant had the burden to prove self-defense beyond a reasonable doubt constituted fundamental error.
• Brown v. State
  956 So. 2d 1264· Fla. 4th DCA· 2007-05-30
• Martinez v. State
  933 So. 2d 1155· Fla. 3d DCA· 2006-05-10
  Martinez was convicted of attempted first-degree premeditated murder and aggravated battery with a deadly weapon. The appellate court affirmed his conviction, holding that an erroneous jury instruction on justifiable use of deadly force did not constitute fundamental error becaus
• Jones v. State
  886 So. 2d 257· Fla. 1st DCA· 2004-10-25
• Nelson v. State
  853 So. 2d 563· Fla. 4th DCA· 2003-09-03
  The court held that a defendant is entitled to a jury instruction on self-defense even when the charge involves transferred intent, allowing the defense to be transferred to the unintended victim.
• Waldo v. State
  728 So. 2d 280· Fla. 3d DCA· 1999-02-10
  The court held that thrusting a knife into someone's chest cavity constitutes deadly force as a matter of law, and the statute imposing enhanced sentencing is constitutional.
• Morris v. State
  715 So. 2d 1177· Fla. 4th DCA· 1998-09-02
  A waiver of speedy trial rights in county court carries over to a new information filed in circuit court for the same criminal episode, and a defendant can waive the right to have the judge present during a testimony read-back.
• Forshee v. State
  695 So. 2d 951· Fla. 3d DCA· 1997-07-09
• Radillo v. State
  582 So. 2d 634· Fla. 3d DCA· 1991-01-22
  Radillo appeals his convictions for third-degree murder and aggravated battery after stabbing two nightclub employees. The court reverses the murder conviction and remands for new trial because the trial court erroneously gave a jury instruction on excusable homicide that include
• Reimel v. State
  532 So. 2d 16· Fla. 5th DCA· 1988-09-01
  The defendant appealed his conviction for second-degree murder and firearm offenses, and the state cross-appealed the sentence, arguing it was an invalid departure from sentencing guidelines.
• Bunion v. State
  516 So. 2d 80· Fla. 1st DCA· 1987-12-04
  Mary Bunion appealed her convictions for aggravated assault and second degree murder, challenging sentencing credit calculations and the trial court's refusal to reinstruct the jury on justifiable use of force. The appellate court modified the sentence to correct a clerical error
• Litem v. Blumer
  370 F.2d 497· 3d Cir.· 1967-01-04
  The court held that the jury's low verdict was not legally inadequate as a matter of law, and the trial judge did not abuse discretion in denying a new trial.