RODNEY FURNEY, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Dennis v. State, 51 So. 3d 456 (Fla. 2010)
  …dismiss asserting immunity from criminal prosecution pursuant to section 776.032, Florida Statutes (2006), commonly known as the “Stand Your Ground” statute. We have for review the decision of the Fourth District Court of Appeal in Dennis v. State, 17 So. 3d 305 (Fla. 4th DCA 2009), which held that the existence of disputed issues of material fact required the denial of Dennis’s motions to dismiss. The Fourth District certified that its decision is in direct conflict with the decision of the First District…

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• Bretherick v. State, 170 So. 3d 766 (Fla. 2015)
  …d to a trial.” 51 So. 3d at 462. Recognizing that the statute was silent as to how to best effectuate the defendant’s substantive right to this immunity from prosecution, we rejected the Fourth District Court of Appeal’s decision in Dennis v. State, 17 So. 3d 305 (Fla. 4th DCA 2009), thereby also rejecting the argument advanced by the State, that the existence of disputed issues of material fact required the denial of a defendant’s motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4).5 Denn…
• Bretherick v. State, 135 So. 3d 337 (Fla. 5th DCA 2013)
  …efendant claims self-defense immunity, or instead, whether the State could simply file a traverse disputing a material fact, and avoid a pretrial eviden-tiary hearing. The Supreme Court disapproved the Fourth District’s reasoning in Dennis v. State, 17 So. 3d 305 (Fla. 4th DCA 2009), which followed the 3.190(c)(4) procedure, and instead approved the approach advanced by the First District in Peterson v. State, 983 So. 2d 27 (Fla. 1st DCA 2008). In Peterson, the First District reviewed the self-defense immun…

Authorities Cited

• Zamir Garzon v. State, 980 So. 2d 1038 (Fla. 2008)