Search Results for: 776.031

FL 776.031 Use or threatened use of force in defense of property.

Florida Statutes (Fla. Stat.) Title XLVI.  Crimes. Chapter 776: JUSTIFIABLE USE OF FORCE 776.031 Use or threatened use of force in defense of property.— (1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a …

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COTW: Use of Deadly Force Against Shoplifter Stealing A Hatchet

On October 3, 2018, Michael Dunn—a City Commissioner for the city of Lakeland FL—shot and killed Cristobal Lopez as Lopez was shoplifting a hatchet from Dunn’s store.  The shooting occurred as Dunn was attempting to stop Lopez from leaving the store with the hatchet. The struggle at the door, the shooting, and the rapid demise of Lopez were all captured on the store’s security recording, which you can view by clicking here. The facts of …

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FL 776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—

Florida Statutes (Fla. Stat.) Title XLVI.  Crimes. Chapter 776: JUSTIFIABLE USE OF FORCE 776.032 Immunity from criminal prosecution and civil action for justifiable use of force. (1) A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of …

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Martin v. State, 2018 Fla. App. LEXIS 6190

Martin v. State, 2018 Fla. App. LEXIS 6190 Court of Appeal of Florida, Second District May 4, 2018, Opinion Filed Case No. 2D16-4468 2018 Fla. App. LEXIS 6190 TYMOTHY RAY MARTIN, Appellant, v. STATE OF FLORIDA, Appellee. Counsel: Howard L. Dimmig, II, Public Defender and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee and Jonathan A. Hurley, Assistant Attorney General, Tampa, for Appellee. Judges: LUCAS, Judge. CASANUEVA and SLEET, …

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Bretherick v. State, 2015 Fla. LEXIS 1470 (FL Supreme Court 2015)

Bretherick v. State, 2015 Fla. LEXIS 1470 (FL Supreme Court 2015) JARED BRETHERICK, Petitioner, vs. STATE OF FLORIDA, Respondent. No. SC13-2312 SUPREME COURT OF FLORIDA 2015 Fla. LEXIS 1470 July 9, 2015, Decided OPINION PARIENTE, J. The issue in this case arises from Florida’s “Stand Your Ground” law, section 776.032, Florida Statutes (2011), which provides for immunity from prosecution when a defendant has used force in accordance with certain specified statutory circumstances. Specifically, we address …

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Mobley v. State, 132 So. 3d 1160 (FL Ct. App. 2014)

Mobley v. State, 132 So. 3d 1160 (FL Ct. App. 2014) Gabriel Mobley, Petitioner, vs. The State of Florida, Respondent. No. 3D13-1566 COURT OF APPEAL OF FLORIDA, THIRD DISTRICT 132 So. 3d 1160; 2014 Fla. App. LEXIS 15; 39 Fla. L. Weekly D 64 January 2, 2014, Opinion Filed COUNSEL: Carlos J. Martinez, Public Defender, and Susan S. Lerner Assistant Public Defender, for petitioner. Pamela Jo Bondi, Attorney General, and Michael W. Mervine, Assistant General …

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Mederos v. State, 102 So. 3d 7 (FL Ct. App. 2012)

Mederos v. State, 102 So. 3d 7 (FL Ct. App. 2012) EDWARD M. MEDEROS, Petitioner, v. STATE OF FLORIDA, Respondent. CASE NO. 1D11-3383 COURT OF APPEAL OF FLORIDA, FIRST DISTRICT 102 So. 3d 7; 2012 Fla. App. LEXIS 13360; 37 Fla. L. Weekly D 1924 August 10, 2012, Opinion Filed COUNSEL: Richard C. Klugh, Miami, for Petitioner. Pamela Jo Bondi, Attorney General, and Jay Kubica, Assistant Attorney General, Tallahassee, for Respondent. JUDGES: VAN NORTWICK, J. …

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Bretherick v. State, 135 So. 3d 337 (FL Ct. App. 2013)

Bretherick v. State, 135 So. 3d 337 (FL Ct. App. 2013) Jared BRETHERICK, Appellant, v. STATE Of Florida, Appellee. No. 5D12-3840. District Court of Appeal of Florida, Fifth District. November 1, 2013. Counsel: Eric J. Friday, of Fletcher & Phillips, Jacksonville, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Perceiving a threat from another driver completely stopped in the lane ahead of …

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FL FSJI-Cr 3.6(g) JUSTIFIABLE USE OF NON-DEADLY FORCE

Florida Standard Jury Instructions-Criminal (FSJI-Cr) Part 1 General Instructions FSJI-Cr 3.6(g)  JUSTIFIABLE USE OF NON-DEADLY FORCE [NOTE:  This instruction is currently under review by the Committee on Standard Jury Instructions in Criminal Cases because of recent legislation or case law:  See Bassallo v. State, 46 So. 3d 1205 (Fla. 4th DCA November 10, 2010)] Because there are many defenses applicable to self-defense, give only those parts of the instructions that are required by the evidence. …

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Murray v. State, 937 So.2d 277 (FL Ct. App. 2006)

Murray v. State 937 So. 2d 277; 2006 Fla. App. LEXIS 15159; 31 Fla. L. Weekly D 2368 September 13, 2006, Decided Counsel: Carey Haughwout, Public Defender, and Patrick B. Burke, Assistant Public Defender, West Palm Beach, for appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee. OPINION FARMER, J. In criminal trials the law requires a high level of confidence in the guilt …

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