Big news for florida citizens...

This is a discussion on Big news for florida citizens... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; This just in from Florida... TALLAHASSEE — An appellate court says Florida's "stand-your-ground" law allows the use of deadly force for self-protection even if an ...

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Thread: Big news for florida citizens...

  1. #1
    Member Array GoldenSaber's Avatar
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    Big news for florida citizens...

    This just in from Florida...

    TALLAHASSEE — An appellate court says Florida's "stand-your-ground" law allows the use of deadly force for self-protection even if an attacker or intruder is in retreat.

    A three-judge panel of the 1st District Court of Appeal issued that explanation Wednesday for ordering the release last month of a Tallahassee man who had been charged with first-degree murder.

    The unanimous opinion may conflict with a 2nd District Court of Appeal decision in 2007. It denied "stand-your-ground" immunity to a Valrico resident because he shot a man who had retreated from his garage after an argument.

    A spokeswoman for Attorney General Bill McCollum said no decision had yet been made on seeking a rehearing or appealing to the Florida Supreme Court.


    Seems like maybe the courts are starting to get the message. I hope it continues.
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    Member Array jsnole's Avatar
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    Wow, that is interesting.

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    VIP Member Array David in FL's Avatar
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    Interesting.

    I'd like to see the actual details of the circumstances though before I jump to any conclusions.
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    VIP Member Array tns0038's Avatar
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    Quote Originally Posted by David in FL View Post
    Interesting.

    I'd like to see the actual details of the circumstances though before I jump to any conclusions.
    I agree +1

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    09-2501 JIMMY HAIR, v. STATE OF FLORIDA
    http://opinions.1dca.org/written/opi...09/09-2501.pdf

    The material facts of this case are not in dispute. Harper, the victim, had unlawfully and forcibly entered a vehicle occupied by Germinal, Hair, and a third person in the back seat. While Harper may have been exiting the vehicle at the time of the shooting, the action was involuntary if it occurred at all. The physical evidence was clear that Harper was still inside the vehicle when he was shot. The statute makes no exception from the immunity when the victim is in retreat at the time the defensive force is employed. The trial court’s denial based on disputed issues of material fact was therefore incorrect. That holding was also directly contrary to our express holding in Peterson that a motion to dismiss based on “Stand Your Ground” immunity cannot be denied because of the existence of disputed issues of material fact.
    CONCLUSION
    Petitioner was aware that Harper, the victim, had unlawfully and forcibly entered the vehicle when he was shot. Hair was therefore authorized by section 776.013(1), Florida Statutes, to use defensive force intended or likely to cause death or great bodily harm and was immune from prosecution for that action under 776.032(1). The motion to dismiss should have been granted and we therefore issued the writ of prohibition.
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    Great news...
    Sounds like 2/3's of that 3-judge panel must be from TX.
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    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by InspectorGadget View Post
    09-2501 JIMMY HAIR, v. STATE OF FLORIDA
    http://opinions.1dca.org/written/opi...09/09-2501.pdf
    Completely different from the 2007 decision referenced in which the BG had apparently left the garage at the time of the shooting.....the key difference being that this time the BG was still in the vehicle when he was shot. All this one appears to do is reinforce our Castle Doctrine. Not a bad thing at all, but I don't see anything earth-shatteringly new either.
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

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    Quote Originally Posted by retsupt99 View Post
    Great news...
    Sounds like 2/3's of that 3-judge panel must be from TX.

    Actually it appears all 3 are Texan's, the ruling was unanimous.


    The unanimous opinion may conflict with a 2nd District Court of Appeal decision in 2007. It denied "stand-your-ground" immunity to a Valrico resident because he shot a man who had retreated from his garage after an argument.

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    Quote Originally Posted by David in FL View Post
    Completely different from the 2007 decision referenced in which the BG had apparently left the garage at the time of the shooting.....the key difference being that this time the BG was still in the vehicle when he was shot. All this one appears to do is reinforce our Castle Doctrine. Not a bad thing at all, but I don't see anything earth-shatteringly new either.
    I agree, Its still good that its being upheld.
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    Now that is a good law. I wish we had it here in MN.
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    If in retreat, i wouldn't try it.

    The Armed Patriot: Can you now kill a retreating attacker? Maybe!

    He claimed AD while tryin to use the weapon as a club. Trial court didn't buy it, appeals court did.
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    Honestly this isn't news, just an appellate court doing its job. If the guy is still the in car, how can anyone say if he was retreating. Totally different from the other case.

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    jbs
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    The link is the same case as sited in the op. The thing is, the victim and another with the BG being removed from the car when it happened. Seems he wasn't retreating but being helped to retreat. Still FL law allows you to stand your ground and who knows what the BG woulda done once outside the car.
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    Is anyone saying this isn't news bothering to read the article and grasp what it says? Who gives a crap where he was, how he was retreating... car, house... yard... garage... it doesn't matter! The decision by the appellate court says quote, "Florida's "stand-your-ground" law allows the use of deadly force for self-protection even if an attacker or intruder is in retreat."

    That makes this case law. That means this decision can be used in the defense of another resident under different circumstances. Any way you slice it... THAT'S GOOD NEWS!
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    VIP Member Array zacii's Avatar
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    Quote Originally Posted by GoldenSaber View Post
    Is anyone saying this isn't news bothering to read the article and grasp what it says? Who gives a crap where he was, how he was retreating... car, house... yard... garage... it doesn't matter! The decision by the appellate court says quote, "Florida's "stand-your-ground" law allows the use of deadly force for self-protection even if an attacker or intruder is in retreat."

    That makes this case law. That means this decision can be used in the defense of another resident under different circumstances. Any way you slice it... THAT'S GOOD NEWS!
    There you go again; using logic and common sense.
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