Mocio v. State
98 So. 3d 601
Fla. Dist. Ct. App.2012Background
- Mocio sought second-tier certiorari after circuit denied writ of prohibition challenging county court’s immunity ruling.
- County court denied his Stand Your Ground immunity defense and denied his motion to dismiss the domestic battery charge.
- County court held it was not reasonable for Mocio to slam the window on his estranged wife’s hands to prevent entry.
- Mocio petitioned for writ of prohibition in the circuit court; circuit denied, saying writ was not a proper vehicle and direct appeal was available.
- Supreme Court reviews for procedural due process and correct law; held writ of prohibition is proper to challenge immunity rulings and remands for merits review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a writ of prohibition is the proper remedy for immunity rulings. | Mocio; writ proper for immunity challenges. | Circuit; writ not proper vehicle since jurisdiction exists and appeal is available. | Yes; writ is proper remedy per immunity cases. |
| Whether the circuit court applied the correct law in denying the writ. | Mocio asserts misuse of Stand Your Ground immunity analysis. | Circuit concluded the writ was improper and immunity issue review not warranted. | Circuit erred by applying the wrong law. |
| Whether the circuit court’s law error caused a miscarriage of justice. | Misapplication of law justifies relief. | No miscarriage of justice as a direct remedy exists. | There was a miscarriage of justice; certiorari granted and remand for merits. |
Key Cases Cited
- Tsavaris v. Scruggs, 360 So.2d 745 (Fla.1977) (prohibition as remedy for immunity challenges)
- Reynolds v. Newell, 102 So.2d 613 (Fla.1958) (prohibition to review immunity and jurisdiction)
- Marshall v. Petteway, 121 Fla. 822, 164 So. 872 (Fla.1935) (immunity and jurisdiction under prohibition)
- Cruz v. State, 54 So.3d 1067 (Fla.4th DCA 2011) (sister courts permitting prohibition review of Stand Your Ground rulings)
- Yaqubie v. State, 51 So.3d 474 (Fla.3d DCA 2010) (prohibition review of immunity-based dismissals)
- Peterson v. State, 983 So.2d 27 (Fla.1st DCA 2008) (courts entertaining prohibition to review Stand Your Ground issues)