Joseph v. State
103 So. 3d 227
Fla. Dist. Ct. App.2012Background
- Petitioner Leon Balfour Joseph seeks a writ of prohibition to review pretrial the denial of a motion to dismiss asserting self-defense immunity under Florida’s Stand Your Ground amendment, § 776.032 (2012).
- The trial court held an evidentiary hearing under Rule 3.190(b) and denied immunity from prosecution for manslaughter with a deadly weapon.
- The court found as a factual matter that the victim did not attack petitioner with a knife and that petitioner retrieved a knife from his home and chased the victim; petitioner admitted stabbing the victim with his own knife.
- Petitioner disputes the trial court’s factual findings and contends the use of deadly force was justifiable under the self-defense statute.
- This court agrees that prohibition may review pretrial denial of self-defense immunity, applying a mixed standard of review with deference to findings of fact and de novo review of law.
- The petition was denied on the merits; the court concluded petitioner failed to prove entitlement to self-defense immunity by a preponderance of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is prohibition available to review pretrial denial of self-defense immunity? | Joseph | State | Yes; prohibition is available premised on Tsavaris and related precedent |
| What is the appropriate standard of review for pretrial immunity determinations? | Petitioner | State | Mixed standard: defer to trial court’s factual findings, review legal conclusions de novo |
| Did petitioner prove self-defense immunity by a preponderance of the evidence? | Petitioner | State | No; the trial court’s factual findings support no entitlement to immunity |
| Do §§ 776.012 and 776.013 support entitlement or preclude immunity in this scenario? | Petitioner | State | Presumption under § 776.013 does not apply; jury determines ultimate reasonableness of deadly force under § 776.012 |
Key Cases Cited
- Hair v. State, 17 So.3d 804 (Fla. 1st DCA 2009) (supports appellate review of pretrial immunity claims)
- Mocio v. State, 98 So.3d 601 (Fla. 2d DCA 2012) (prohibition available for self-defense immunity pretrial)
- Tsavaris v. Scruggs, 360 So.2d 745 (Fla.1977) (prohibition for immunity challenges permits pretrial review)
- Sutton v. State, 975 So.2d 1073 (Fla.2008) (prohibition may review certain pretrial issues when no adequate remedy exists)
- Webster v. State, 968 So.2d 125 (Fla. 4th DCA 2007) (pretrial review of non-final orders (double jeopardy))
- Laverde v. State, 933 So.2d 1289 (Fla. 4th DCA 2006) (statute of limitations pretrial review)
- Tsavaris v. Scruggs, 360 So.2d 745 (Fla.1977) (quoted above; availability to challenge jurisdiction to proceed when immunity exists)
- S. Records & Tape Serv. v. Goldman, 502 So.2d 413 (Fla.1986) (prohibition writ is discretionary and narrow in scope)