257 So. 3d 586
Fla. Dist. Ct. App.2018Background
- Appellant Blair Alexandria Edwards pleaded no contest but reserved the right to appeal denial of her motion to dismiss based on statutory immunity under Fla. Stat. § 776.032 (use of force justified under § 776.012).
- At the immunity hearing the State conceded Appellant made a prima facie showing of justified use of force, shifting the burden to the State to overcome that showing by clear and convincing evidence.
- The trial court heard testimony and found the State met the clear-and-convincing burden as to one of two counts, denying dismissal as to that count and granting dismissal as to the other count.
- Appellant appealed the denial of dismissal for the remaining count; the State did not cross-appeal the dismissed count.
- The district court reviewed the trial court’s credibility determinations and evidentiary weighing and found competent substantial evidence supported the trial court’s conclusion that the State overcame Appellant’s prima facie immunity showing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State overcame Appellant's prima facie statutory immunity by clear and convincing evidence | Appellant argued her use of force was justified under § 776.012 and she established immunity under § 776.032 | State argued testimony and evidence showed the use of force was not justified and met the heightened clear-and-convincing persuasion burden | Court held the State presented clear and convincing evidence as to one count; denial of motion to dismiss that count affirmed |
| Whether the trial court applied correct legal standard at the immunity hearing | Appellant contended the amended burden-shifting and clear-and-convincing standard applied and should bar prosecution | State accepted the burden shift at the hearing and argued it met the clear-and-convincing standard | Court found the trial court applied the correct standard (clear-and-convincing burden on State) and properly weighed evidence |
| Whether appellate court may reweigh credibility/evidence | Appellant argued the facts warranted reversal | State relied on trial court’s credibility findings | Court held appellate court will not reweigh evidence or substitute its judgment for trial court credibility determinations |
| Whether dismissal of the other count was improper | Appellant relied on dismissal; State did not contest dismissal | State did not challenge dismissal on appeal | Dismissal of the other count stands; no cross-appeal by State |
Key Cases Cited
- N.L. v. Department of Children and Family Services, 843 So. 2d 996 (Fla. 1st DCA 2003) (defines clear and convincing standard and burden of persuasion)
- J.B. v. C.S., 186 So. 3d 1142 (Fla. 1st DCA 2016) (appellate court should not reweigh evidence or substitute credibility findings)
- In the Interest of R.D.D., 518 So. 2d 412 (Fla. 2d DCA 1988) (clarifies appellate deference to trial court factfinding)
- Commander v. State, 246 So. 3d 1303 (Fla. 1st DCA 2018) (applies amended § 776.032 burden shift retroactively in this district)