Thursday, January 2, 2014

Third District Grants Prohibition Based Upon Stand Your Ground Law

In Mobley v. Florida (3D13-1566), the Third District Court of Appeal released a split opinion today, granting a petition for writ of prohibition. The majority opinion was written by Judge Wells who was joined by Chief Judge Shepherd. The dissent was written by Judge Salter. The end result is the trial court’s order denying immunity to a man that shot two people is quashed and he will not be tried. The 23 page opinion (including the dissent) is worth reading if the stand your ground law is of interest to you. It also presents a situation where the stand your ground law is actually applied—which seems relevant given the frequency of debate about the law.


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