LEON BRUNSON, JR., PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• State v. Floyd, 186 So. 3d 1013 (Fla. 2016)
  …Wyehe v. State, 170 So. 3d 898, 903-07, 909-11 (Fla. 3d DCA 2015) (Wells, J., specially concurring); Cruz v. State, No. 4D13-1408, — So. 3d -,- -, 2015 WL 2393281, at *6-8 (Fla. 4th DCA May 20, 2015) (explicitly rejecting Floyd), Woodsmall v. State, 164 So. 3d 696, 697 n. 2 (Fla. 5th DCA 2015); Sims v. State, 140 So. 3d 1000, 1003 n. 3 (Fla. 1st DCA2014).3 The language employed in both the statutes and in the standard jury instructions confirms this conclusion. First, with respect to the duty to retreat impo…
• Cruz v. State, 189 So. 3d 822 (Fla. 4th DCA 2015)
  …to follow Floyd, because McClain did not advance a self-defense theory at trial.” We note that courts have declined to find fundamental error under Floyd where there was a factual dispute as to who was the initial aggressor. See Woodsmall v. State, 164 So. 3d 696 (Fla. 5th DCA Apr. 10, 2015); Sims v. State, 140 So. 3d 1000, 1003 n. 3 (Fla. 1st DCA 2014). The instructions in this case are virtually identical to the ones given in Floyd. And even though there was a factual dispute in this case as to who was th…
• Reeder v. State, 213 So. 3d 964 (Fla. 1st DCA 2015)
  …ble use of deadly force “is an accurate statement of the law on the use of deadly force, and there is no conflict between any of the sections contained in Chapter 776 [Florida Statutes] or any conflict within [the instruction]”); Woodsmall v. State, 164 So. 3d 696, 697 n. 2 (Fla. 5th DCA 2015) (rejecting defendant’s argument that reversal of murder conviction was required based on Floyd and holding that “no error resulted from the [justifiable use of deadly force] instruction [s]inee there was a dispute over…