BRAD CAMERON WHITFIELD
v.
STATE OF FLORIDA
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Standard-of-proof defects in a Stand-Your-Ground immunity hearing are cured when a defendant proceeds to trial and is convicted by a jury under the beyond-a-reasonable-doubt standard.
[1] A defect in the standard of proof applied at a Stand-Your-Ground immunity hearing is cured by a defendant's subsequent conviction at trial by a jury applying the beyond-a…
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Join FLexlaw to unlock all legal intelligenceWhitfield sought relief regarding a Stand-Your-Ground immunity hearing in which the standard of proof may have been deficient.…
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September 15, 2021 PER CURIAM.
DENIED. See Boston v. State, 296 So. 3d 580, 583-84 (Fla. 1st DCA 2020) (finding standard-of-proof defects in a Stand-Your-Ground immunity hearing to have been cured after the defendant went to trial, raised a self-defense claim, and was convicted by a jury under the heavier trial burden of proof beyond a reasonable doubt), rev. granted, SC20-1164, 2020 WL 5946341 (Fla. Oct. 7, 2020)). LEWIS, OSTERHAUS, and KELSEY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Robert R. Berry, Tallahassee, for Petitioner. Ashley Moody, Attorney General, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Respondent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hart v. State, 308 So. 3d 655 (Fla. 4th DCA 2020)
- Scheel v. State (Fla. 1st DCA 2020)