Legal Opinion
Jared Bretherick v. State of Florida
Supreme Court of Florida
Decided July 9, 2015No. SC13-2312PublishedCited by 39 opinions
1Opinion of the CourtPariente, 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
In Bretherick v. State, 135 So.3d 337, 340 (Fla. 5th DCA 2013), the Fifth District Court of Appeal held that the defendant has the burden to prove, by a preponderance…
2Cases cited36 opinions
- Wyatt v. ColeSupreme Court of the United States · 1992
- People v. GuentherSupreme Court of Colorado · 1987
- Martinez v. StateSupreme Court of Florida · 2008
- Rodgers v. CommonwealthKentucky Supreme Court · 2009
- Dennis v. StateSupreme Court of Florida · 2010
31 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Love v. StateDistrict Court of Appeal of Florida · 2018
- RONALD HIGHT, JR. v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
- WILLIE JEFFERSON v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
- Ermini v. ScottDistrict Court, M.D. Florida · 2017
- Spires v. StateDistrict Court of Appeal of Florida · 2015
34 more not listed; retrieve them via the Exa API.