Yaqubie, 35 FLW 1342, 3rd DCA, Immunity/Stand your ground law. Error to treat def's immunity claim as an affirmative defense and to deny motion to dismiss because material facts were at issue. Statute is true immunity provision which requires the trial court to adjudicate disputed fact issues rather than passing them on to the jury. Remand for the court to determine if def's immunity claim is supported by the preponderance of the evidence.
N.B. There is conflict in this state on this issue, and the 4th does not follow the 3rd DCA opinion. This isssue is on appeal right now to the Florida Supreme Court in Dennis v. State.
Link to the ACLU Summary of the 2009 Supreme Court Term
The Law Offices of Roger P. Foley, P.A.
Discussions and Summaries of updates to Florida Law from the web pages of Criminal Defense Attorney, Roger P. Foley. www.lawyerfoley.com
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