Joseph v. State

Petitioner, Leon Balfour Joseph, seeks a writ of prohibition to review before trial the denial of his motion to dismiss. Petitioner’s motion claimed immunity from prosecution based on the 2005 Stand Your Ground amendment to the self-defense law. § 776.032, Fla. Stat. (2012) (providing that a person who justifiably uses force is immune from criminal prosecution which includes “arresting, detaining in custody and charging or prosecuting the defendant”). Petitioner asks that this court consider issuing a writ of certiorari if prohibition is not appropriate.

We agree with some of our sister courts…