Darling v. State
2012 Fla. App. LEXIS 3132
| Fla. Dist. Ct. App. | 2012Background
- Darling was convicted by jury of manslaughter of a bystander and aggravated assault of LaRose, with firearm enhancements.
- July 1, 2006, LaRose, armed with a revolver, went to a Liberty City location to buy marijuana but his source was absent.
- A distant confrontation escalated into mutual gunfire, resulting in the death of a bystander and injuries to LaRose.
- Darling claimed self-defense and sought pretrial stand-your-ground immunity, which the trial court denied.
- After verdict, anonymous calls prompted a defense motion to interview jurors, which the court denied.
- On appeal, Darling challenged the stand-your-ground denial, juror-interview denial, and admission of his felon status evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Stand-your-ground immunity applies? | Darling contends immunity should bar prosecution. | State argues immunity does not apply as per facts. | Trial court properly denied immunity; evidence supports no immunity. |
| Denial of juror-interview motion proper? | Darling alleges juror taint affecting verdict. | State asserts no credible basis to interview. | Court did not abuse discretion; no credible, probative basis for interviews. |
| Admission of felon-status evidence admissible? | Darling argues prejudice from felon-status evidence. | State says evidence relevant to self-defense credibility. | Evidence properly balanced; admission admissible to assess credibility and defense. |
Key Cases Cited
- State v. Yaqubie, 51 So.3d 474 (Fla. 3d DCA 2010) (pretrial immunity hearing standard and burden)
- Peterson v. State, 983 So.2d 27 (Fla. 1st DCA 2008) (immunity determinations rely on factual disputes)
- Loredo v. State, 836 So.2d 1103 (Fla. 2d DCA 2003) (evidence review standards on appeal; factual findings presumptively correct)
- Dorsey v. State, 74 So.3d 521 (Fla. 4th DCA 2011) (stand-your-ground involves unlawful activity limitation)
- Monestime v. State, 41 So.3d 1110 (Fla. 3d DCA 2010) (inextricably intertwined evidence considerations)
- Crossley v. State, 596 So.2d 447 (Fla. 1992) (separation of collateral-crime evidence to avoid prejudice)
- Wright v. State, 19 So.3d 277 (Fla. 2009) (inextricably intertwined evidence must avoid trial distraction)
- Payton v. State, 200 So.2d 255 (Fla. 3d DCA 1967) (jury questions regarding self-defense generally for jury)
- Liotta v. State, 939 So.2d 338 (Fla. 4th DCA 2006) (self-defense jury question; fleeing or withdrawal considerations)
- Dennis v. State, 51 So.3d 456 (Fla. 2010) (stand-your-ground immunity framework)