121 So. 3d 1185
Fla. Dist. Ct. App.2013Background
- Marissa Alexander was convicted of aggravated assault with a deadly weapon for firing a warning shot.
- She sought Stand Your Ground immunity; the trial court denied pretrial immunity.
- The appellate court reverses and remands for new trial due to erroneous self-defense jury instructions.
- Trial instructions wrongly required proof beyond a reasonable doubt of self-defense and aggravated battery together.
- No injury occurred to the victim, yet the self-defense instruction required an injury to trigger justification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was immunity under Stand Your Ground properly denied? | Alexander argues immunity should have been granted. | State contends immunity was properly denied after hearing. | Immunity issue resolved against Alexander; remand for new trial on self-defense grounds. |
| Were the self-defense jury instructions fundamentally defective? | Instructions wrongly shifted burden and misdefined self-defense. | State contends instructions adequately stated law. | Yes; fundamental error requiring reversal and new trial. |
| Did the instructions erroneously require proof of aggravated battery beyond a reasonable doubt? | Burden never shifts to defendant to prove self-defense beyond a reasonable doubt. | State contends the instructions aligned with applicable standards. | Erroneous; violated correct self-defense burden. |
| Did the instruction wrongly require injury to trigger self-defense? | Self-defense applies irrespective of injury occurrence. | Instruction could be read as injury-based justification. | Yes; instruction should not condition self-defense on injury. |
Key Cases Cited
- Montijo v. State, 61 So.3d 424 (Fla. 5th DCA 2011) (burden on self-defense is to create reasonable doubt, not prove beyond reasonable doubt)
- Murray v. State, 937 So.2d 277 (Fla. 4th DCA 2006) (no duty to prove self-defense beyond a reasonable doubt)
- Garrido v. State, 97 So.3d 291 (Fla. 4th DCA 2012) (injury-based self-defense instructions require clarity)
- Brown v. State, 59 So.3d 1217 (Fla. 4th DCA 2011) (self-defense instruction cannot hinge on injury when no injury occurred)
- Smith v. State, 521 So.2d 106 (Fla. 1988) (fundamental error standard for defective jury instructions)
- Peterson v. State, 983 So.2d 27 (Fla. 1st DCA 2008) (stand your ground immunity involves weighing evidence; cannot be arbitrarily denied)