180 So. 3d 1103
Fla. Dist. Ct. App.2015Background
- Defendant O’Shea Jackson was charged with first-degree murder for fatally shooting Eric Felder and convicted of second-degree murder.
- Incident followed an earlier altercation between Felder and Jackson’s mother; Jackson drove to Felder’s residence that evening armed.
- State’s theory: Jackson exited his vehicle with a gun drawn, approached Felder, who was unable to use a chair defensively, and Jackson shot him.
- Defense theory: Felder charged with a metal chair and struck Jackson; Jackson drew his firearm in response and the weapon accidentally discharged during the altercation; claimed self-defense/stand-your-ground.
- Trial court instructed the jury using Florida Standard Jury Instruction (Crim.) 3.6(f) on justifiable use of deadly force, including both no-duty-to-retreat language and exceptions for an initial aggressor.
- Jackson appealed, arguing the instruction was internally inconsistent (duty to retreat vs. no duty) and thus fundamental error negating his self-defense claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Standard Jury Instruction 3.6(f) is internally inconsistent and constitutes fundamental error | Instruction told jurors both that a non‑aggressor has no duty to retreat and that an initial aggressor has a duty to retreat; this conflict nullified Jackson’s self‑defense claim | The instruction accurately states Florida law: general no‑duty‑to‑retreat rule plus an aggressor exception; no inconsistency | Instruction was a correct statement of law; no fundamental error; conviction affirmed |
Key Cases Cited
- Floyd v. State, 151 So.3d 452 (Fla. 1st DCA) (held similar combination of no‑duty and aggressor instructions constituted fundamental error)
- Wyche v. State, 170 So.3d 898 (Fla. 3d DCA) (upheld Standard Jury Instruction 3.6(f) as consistent with Chapter 776 and not internally inconsistent)