149 So. 3d 144
Fla. Dist. Ct. App.2014Background
- Dorsey appeals his second manslaughter conviction after a prior reversal for second-degree murder.
- On retrial, the court instructed jurors on Stand Your Ground and duty to retreat, emphasizing a felon in possession of a firearm as unlawful activity.
- Statutes at issue: Florida Stand Your Ground provisions, notably sections 776.012 and 776.013(3) (2012 version), and their interaction with unlawful activity.
- The trial court gave a retreat instruction tied to unlawful activity, which the Fourth District later found error-prone and potentially dispositive of the defense.
- The court held this instruction created fundamental error requiring reversal and remand for a new trial.
- The opinion discusses related authorities including Rios v. State, Hill v. State, Little v. State, Richards v. State, Brunner Enters. v. Dep’t of Rev., and Juliano to evaluate the correct Stand Your Ground framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jury instruction on unlawful activity and duty to retreat violated Stand Your Ground. | Dorsey argues instruction wrongly tied unlawful activity to retreat duty under 776.012. | State asserts no fundamental error; instruction aligned with law as presented. | Yes; instruction caused fundamental error and reversible prejudice. |
| Whether 776.012(1) supports Stand Your Ground for a felon in possession of a firearm. | Dorsey contends 776.012(1) contains no duty to retreat language precluding Stand Your Ground. | State maintains the instruction correctly framed self-defense under 776.012(1). | Fundamental error; the instruction misstated Stand Your Ground rights. |
| Whether the law-of-the-case doctrine applies to bar review of the instruction issue. | Dorsey contends the doctrine should apply since the issue was decided on appeal. | State argues doctrine applies to questions actually raised previously. | Not applicable; issue not actually presented on the prior appeal. |
Key Cases Cited
- Rios v. State, 143 So. 3d 1167 (Fla. 4th DCA 2014) (Stand Your Ground instruction and duty to retreat analysis in context of unlawful activity)
- Hill v. State, 143 So. 3d 981 (Fla. 4th DCA 2014) (Stand Your Ground with unlawful activity distinctions)
- Little v. State, 111 So. 3d 214 (Fla. 2d DCA 2013) (Unlawful activity considerations in Stand Your Ground)
- Richards v. State, 39 So. 3d 431 (Fla. 2d DCA 2010) (Jury instruction error related to Stand Your Ground)
- Brunner Enters., Inc. v. Dep’t of Rev., 452 So.2d 550 (Fla. 1984) (Law-of-the-case principle applicability)
- Juliano v. Fla. Dep’t of Transp., 801 So.2d 101 (Fla. 2001) (Law-of-the-case applicability and standards)