Giardina v. State

Michael C. Giardina appeals the denial of his petition for habeas corpus. This court ordered briefing from the State and has fully reviewed the record. At trial, the jury received a modified instruction on justifiable use of deadly force. On direct appeal, Mr. Giardina unsuccessfully argued that the trial court committed fundamental error by omitting a portion of the instruction explaining that deadly force can be permissible when defending against the imminent commission of a forcible felony by an aggressor. See Giardina v. State, 986 So.2d 608 (Fla. 2d DCA 2008) (table decision). In this…