Legal Opinion

Jared Bretherick v. State of Florida

Supreme Court of Florida

Decided July 9, 2015No. SC13-2312Published

1Opinion of the Court

Supreme Court of Florida ____________ No. SC13-2312 ____________ JARED BRETHERICK, Petitioner, vs. STATE OF FLORIDA, Respondent. [July 9, 2015] PARIENTE, J. The issue in this case arises from Florida’s “Stand Your Ground” law, section 776.032, Florida Statutes (2011), which provides for immunity from prosecution when a defendant has used force in accordance with certain specified statutory circumstances. Specifically, we address the burden of proof in a pretrial evidentiary hearing where the defendant has filed a motion to dismiss, claiming this statutory immunity from prosecution.1 1. Since…

2Cases cited39 opinions

  1. Wyatt v. ColeSupreme Court of the United States · 1992
  2. People v. GuentherSupreme Court of Colorado · 1987
  3. Martinez v. StateSupreme Court of Florida · 2008
  4. Rodgers v. CommonwealthKentucky Supreme Court · 2009
  5. Dennis v. StateSupreme Court of Florida · 2010

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