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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
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253 So. 3d 1137·
Fla. 4th DCA·
2018-08-08
·cited 32×
A statutory amendment to the Stand Your Ground law that shifts the burden of persuasion and proof from the defendant to the state constitutes a substantive change in the law and applies only prospectively from its effective date, not retroactively to cases completed before enactm
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259 So. 3d 728·
Fla.·
2018-12-13
·cited 17×
The Florida Supreme Court resolved a conflict between district courts on whether law enforcement officers can invoke Stand Your Ground immunity when using deadly force during an arrest, holding that they can. Deputy Peraza shot and killed a man holding an air rifle, and the Court
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313 So. 3d 861·
Fla. 2d DCA·
2021-02-10
·cited 4×
The appellate court granted certiorari review of an order denying a motion to dismiss based on Stand Your Ground immunity. The court found the trial court erred by misapplying the law regarding the burden of proof and by failing to properly assess the reasonableness of the defend
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310 So. 3d 155·
Fla. 2d DCA·
2021-01-22
·cited 4×
The appellate court granted a petition for a writ of prohibition, reversing a lower court's denial of a motion to dismiss charges. The defendant claimed immunity from prosecution for aggravated battery under Florida's "Stand Your Ground" law, asserting she was justified in shooti
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54 So. 3d 1067·
Fla. 4th DCA·
2011-02-23
·cited 2×
The Fourth District Court of Appeal granted Julio Cruz's petition for writ of prohibition to prevent trial proceedings until the proper procedure for determining statutory immunity under Florida's "Stand Your Ground" law was established. The court ultimately directed that the tri
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127 So. 3d 890·
Fla. 1st DCA·
2013-12-05
·cited 1×
Florida appeals a trial court order granting Jonathan Williams' Rule 3.850 motion for ineffective assistance of counsel and ordering a new trial on an aggravated battery charge. The court held that Williams established prejudice as a matter of law because his counsel failed to fi
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Fla.·
2025-10-30
Motions to dismiss must be filed by the deadline set by the trial court, and any motion not timely filed will be dismissed unless the defendant demonstrates good cause for the delay or the motion is based on fundamental grounds. The Court declined to require sworn facts for all m
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Fla. 3d DCA·
2021-11-24
A trial court must address all claims raised in a post-conviction motion for ineffective assistance of counsel, including a claim that trial counsel failed to file a stand your ground immunity motion.
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Fla. 1st DCA·
2021-08-04
The appellate court denied Larry Morris's petition for a writ of prohibition, upholding the trial court's denial of his motion to dismiss a charge of aggravated battery. Morris claimed immunity under Florida's "stand your ground" law, but the court found sufficient evidence that
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230 So. 3d 35·
Fla. 4th DCA·
2017-11-15
The State appealed a trial court's grant of immunity and dismissal of a second-degree murder charge against Chavers under Florida's Stand Your Ground law. The appellate court reversed and remanded because the trial court failed to make necessary factual findings regarding whether
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113 So. 3d 88·
Fla. 2d DCA·
2013-04-26
The State appealed a trial court's order dismissing a battery charge against Egido based on claimed immunity for justifiable use of force. The appellate court affirmed the dismissal order, holding that immunity claims must be resolved through motions to dismiss rather than standa