WILLIAM G. WEBER, APPELLANT,

v.

GEMINI CONDOMINIUM ASSOCIATION, INC., AND LYONS AUTO BODY, INC., JOINTLY AND SEVERALLY, APPELLEES

Citator

Cited By

• Carter v. State, 469 So. 2d 194 (Fla. 2d DCA 1985)
  …the homicide. In Florida an individual attacked in his or her home has no duty to retreat unless the attacker has a right at least equal to that of the individual to be on the premises. State v. Bobbitt, 415 So. 2d 724 (Fla.1982); Cannon v. State, 464 So. 2d 149 (Fla. 5th DCA 1985). We find that the instructions as given by the court are erroneous as a matter of law and inherently misleading. We further recognize the fact that counsel made no objection to these instructions as given by the court. How [*196…
• Baker v. State, 506 So. 2d 1056 (Fla. 2d DCA 1987)
  …onal Bank of Florida, 497 So. 2d 1338 (Fla. 2d DCA 1986). The jury was entitled to conclude that the defense of self-defense was not applicable. “[A] person under attack [has] to ‘retreat to the wall or ditch’ before taking a life.” Cannon v. State, 464 So. 2d 149, 150 (Fla. 5th DCA 1985). The “one interposing the defense ... must have used all reasonable means in his power, consistent with his own safety, to avoid the danger and to avert the necessity of taking human life_” Linsley v. State, 88 Fla. 135,101…
• Thompson v. State, 552 So. 2d 264 (Fla. 2d DCA 1989)
  ….Jury Instr. (Crim.) 3.04(d). There is a duty to retreat in the face of a felonious attack before using deadly force on the attacker, Baker v. State, 506 So. 2d 1056, 1058 (Fla. 2d DCA), review denied, 515 So. 2d 229 (1987) (quoting Cannon v. State, 464 So. 2d 149, 150 (Fla. 5th DCA 1985)), but deadly force is justifiable if retreat would be futile, Brown v. State, 454 So. 2d 596 (Fla. 5th DCA 1984). Though it is axiomatic that an appellate court is not entitled to reweigh sufficient evidence, see Tibbs v. S…

Authorities Cited

• Pitcher v. Schneider (Fla. 5th DCA 2018)
• Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
• Kauffmann v. Baker, 392 So. 2d 13 (Fla. 4th DCA 1980)