Mobley v. State

I respectfully dissent. Under the Stand Your Ground (SYG) immunity statute11 and applicable case law,12 the trial court is the initial fact finder regarding a defendant’s claim of immunity. The SYG hearing is nothing more or less than a mini-trial conducted by the court without a jury on the fact-intensive issues framed by the statute: in the present case, did the defendant reasonably believe that deadly force was necessary to prevent imminent death or great bodily harm to himself or another or to prevent the imminent commission of a forcible felony? The defendant bears the burden of proving…