ROBERT YOUNG, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Ketan Kumar v. Nirav C. Patel, 227 So. 3d 557 (Fla. 2017)
  …a defendant is entitled to Stand Your Ground immunity ,has been made at pretrial evi-dentiary hearings where the defendant must prove that the immunity attaches by a preponderance of the evidence. Id. at 460 (criminal case); Pages v. Seliman-Tapia, 134 So. 3d 536, 538 (Fla. 3d DCA 2014) (civil case).2 We recognize that a pretrial hearing cannot afford the immunity purportedly guaranteed by the plain language of this statute in the criminal context, for the simple reason that there appears to be no way to do…
• Miles v. State, 162 So. 3d 169 (Fla. 5th DCA 2015)
  …y under section 776.013(3), he or she could assert immunity under section 776.012 prior'to 20141 because that statute had no “unlawful activity” exception. See Hill v. State, 143 So. 3d 981, 986 (Fla. 4th DCA 2014) (en banc); Pages v. Seliman-Tapia, 134 So. 3d 536, 539 (Fla. 3d DCA 2014) (affirming dismissal of civil case based upon section 776.012 immunity); Little v. State, 111 So. 3d 214, 222 (Fla. 2d DCA 2013) (reversing denial of motion to dismiss based on section 776.012 immunity, regardless of alleged…
• Prof'l Roofing & Sales, Inc. v. Flemmings, 138 So. 3d 524 (Fla. 3d DCA 2014)
  …when such a claim is raised, the trial court must determine whether the defendant has shown by a preponderance of the evidence that the immunity attaches. Dennis, 51 So. 3d at 459-60 (quoting Peterson, 983 So. 2d at 29); see Pages v. Seliman-Tapia, 134 So. 3d 536 (Fla. 3d DCA 2014) (affirming the dismissal of a civil action under Florida’s Stand Your Ground Law, where the trial court referred the issue of immunity to a general magistrate for an evidentiary hearing, applying a preponderance of the evidence st…