Falwell v. State
88 So. 3d 970
| Fla. Dist. Ct. App. | 2012Background
- Falwell was convicted of aggravated battery and argued the trial court erred by denying statutory immunity and by an improper self-defense jury instruction.
- The jury instruction defined deadly force and stated when deadly force is justifiable in self-defense.
- Falwell had no trial objection but contends the instruction improperly shifted the burden of proving self-defense to him.
- On appeal, the court treated the issue as fundamental error only if preserved and compelling; here defense counsel affirmatively agreed to the flawed instruction.
- The court concluded the error was waived due to defense counsel’s affirmative agreement, and the fundamental-error standard does not routinely apply on direct appeal; resolution of any prejudice requires post-conviction review.
- The court affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Burden-shifting self-defense instruction | Falwell claims burden shifted to him | Defense counsel agreed to the instruction | Waived; not reversible on direct appeal |
| Fundamental error waiver due to defense agreement | Falwell argues fundamental error persists despite waiver | Agreement to instruction bars fundamental error claim | Waived; fundamental error limited to rare cases |
| Applicability of fundamental error where defense is affirmative | Self-defense entails wrong burden assignment | Affirmative defense may still fail without fair trial | Fundamental error is rare; requires fair-trial showing; resolved post-conviction |
Key Cases Cited
- Westerheide v. State, 831 So.2d 93 (Fla.2002) (contemporaneous objection rule and potential for fundamental error)
- Walls v. State, 641 So.2d 387 (Fla.1994) (need for preservation of error unless fundamental)
- State v. Delva, 575 So.2d 643 (Fla.1991) (standards for self-defense instructions)
- Montijo v. State, 61 So.3d 424 (Fla.5th DCA 2011) (burden on defendant for self-defense before State bears burden)
- Fields v. State, 988 So.2d 1185 (Fla.5th DCA 2008) (burden-shifting analysis in self-defense)
- Murray v. State, 937 So.2d 277 (Fla.4th DCA 2006) (defendant need not prove self-defense beyond reasonable doubt)
- Caldwell v. State, 920 So.2d 727 (Fla.5th DCA 2006) (instructional error not fundamental if defense requests change)
- Armstrong v. State, 579 So.2d 734 (Fla.1991) (fundamental error waiver when defense approves instruction)