Legal Opinion

Cook v. State

District Court of Appeal of Florida

Decided June 3, 2016No. 2D15-2384PublishedCited by 3 opinions

1Per curiam

Aaron Cook appeals the.postconviction court’s order summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm and write only to discuss a variation on the forcible-felony exception to the defense of self-défense. •

Cook was indicted for one count of first-degree premeditated murder. The State presented evidence that Cook and a friend were burglarizing cars when a third party, the victim, attempted to intervene. Cook and the victim began tussling, with Cook ultimately punching and stabbing the victim, who later died as a result. At trial the court read…

2Cases cited5 opinions

  1. Kearse v. StateSupreme Court of Florida · 1995
  2. Larry v. StateSupreme Court of Florida · 1958
  3. Knight v. StateSupreme Court of Florida · 1976
  4. Giles v. StateDistrict Court of Appeal of Florida · 2002
  5. Santiago v. StateDistrict Court of Appeal of Florida · 2012

3Cited by3 opinions

  1. Eric Laurice Smith v. State of FloridaDistrict Court of Appeal of Florida · 2025
  2. In Re: Standard Jury Instructions in Criminal Cases - Report 2017-07 – Corrected OpinionSupreme Court of Florida · 2018
  3. In Re: Standard Jury Instructions in Criminal Cases - Report 2019-01Supreme Court of Florida · 2019

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