Dorsey v. State
2011 Fla. App. LEXIS 16361
| Fla. Dist. Ct. App. | 2011Background
- Dorsey was charged with first-degree murder for Stephen Bunting and second-degree murder for John Lott, plus possession of a firearm by a convicted felon and carrying a concealed weapon.
- At trial, Lott and Bunting confronted Dorsey at a keg party; after Lott punched Dorsey, Dorsey fired and killed both victims at close range, then fled in his SUV.
- The medical evidence showed the gunshots were consistent with the victims leaning forward; Lott had a high blood-alcohol level and Xanax; Bunting had minor intoxication with Xanax; both were known to be violent.
- The jury found Dorsey guilty of second-degree murder (as a lesser included on Count I), second-degree murder (Count II), and the weapon offenses; the trial court denied acquittals on the murder counts.
- The appellate court held that the evidence was insufficient to support second-degree murder and that the Stand Your Ground jury instruction was erroneously given without proper retreat guidance given Dorsey’s unlawful activity.
- The court reversed the second-degree murder convictions, remanding for a new trial on manslaughter, and directed consideration of appropriate jury instructions on self-defense and duty to retreat.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence to sustain second-degree murder? | State argued depraved mind/ill will implied by shooting after attack. | Dorsey argued impulsive overreaction; no ill will or depraved mind. | Insufficient evidence; remanded for manslaughter trial. |
| Was the Stand Your Ground instruction properly given when Dorsey was unlawfully in possession of a firearm? | Stand Your Ground instruction correctly stated law regardless of unlawful activity. | Instruction should have been limited or accompanied by duty-to-retreat guidance due to unlawful activity. | Error; require retreat/different instruction; remand for new trial on manslaughter. |
| Does possession of a firearm by a convicted felon constitute 'unlawful activity' under Stand Your Ground for purposes of duty to retreat? | Not specifically addressed; standard instruction applied. | Unlawful activity should negate Stand Your Ground benefit. | Yes; qualifies as unlawful activity, triggering retreat considerations. |
| What instruction should govern self-defense when the defendant was engaged in unlawful activity at the time of attack? | Current standard instruction suffices. | Pre-2005 or modified instruction better explained retreat scope. | Special instruction warranted; trial court should have tailored instruction or omitted Stand Your Ground. |
Key Cases Cited
- Light v. State, 841 So.2d 623 (Fla. 2d DCA 2003) (overreaction lacks ill will for second-degree murder)
- McDaniel v. State, 620 So.2d 1308 (Fla. 4th DCA 1993) (impulsive act not depraved mind)
- Poole v. State, 30 So.3d 696 (Fla. 2d DCA 2010) (impulsive overreaction supports manslaughter, not second degree murder)
- Rayl v. State, 765 So.2d 917 (Fla. 2d DCA 2000) (ill will not shown where victim threatened defendant)
- Williams v. State, 982 So.2d 1190 (Fla. 4th DCA 2008) (pre-2005 Stand Your Ground instruction error when applicable)
- Richards v. State, 39 So.3d 431 (Fla. 2d DCA 2010) (pre-2005 vs. current Stand Your Ground instruction distinction)
- Ady v. Am. Honda Fin. Corp., 675 So.2d 577 (Fla. 1996) (common law duty to retreat recognized with exceptions)
- McWhorter v. State, 971 So.2d 154 (Fla. 4th DCA 2007) (Stand Your Ground expansion of self-defense rights)
- Weiand v. State, 732 So.2d 1044 (Fla. 1999) (wall retreat concept in pre-Stand Your Ground era)