Legal Opinion

Harvey M. Hill v. State

District Court of Appeal of Florida

Decided July 16, 2014No. 4D13-3672PublishedCited by 19 opinions

1Opinion of the Court

EN BANC.

STEVENSON, J.

Harvey Hill petitions for a writ of prohibition seeking review of an order denying his motion to dismiss based on self-defense immunity from prosecution. We grant the petition, remand for further proceedings, and sua sponte hear this matter en banc to clarify some overly-broad language in State v. Hill, 95 So.3d 434 (Fla. 4th DCA 2012), the unintended consequences of which led the trial judge to enter the order on review. As this decision will explain, a defendant engaged in an unlawful activity is not necessarily disqualified from seeking self-defense immunity under…

2Cases cited7 opinions

  1. Little v. StateDistrict Court of Appeal of Florida · 2013
  2. Capella v. City of GainesvilleSupreme Court of Florida · 1979
  3. Dorsey v. StateDistrict Court of Appeal of Florida · 2011
  4. Mikos v. RINGLING BROS.-BARNUM & BAILEYSupreme Court of Florida · 1986
  5. State v. HillDistrict Court of Appeal of Florida · 2012

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3Cited by19 opinions

  1. Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc.District Court of Appeal of Florida · 2015
  2. Garrett v. StateDistrict Court of Appeal of Florida · 2014
  3. John Thomas Dorsey v. StateDistrict Court of Appeal of Florida · 2014
  4. James Wyatt McGriff v. State of FloridaDistrict Court of Appeal of Florida · 2015
  5. Miles v. StateDistrict Court of Appeal of Florida · 2015

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