127 So. 3d 708
Fla. Dist. Ct. App.2013Background
- Morgan appeals after being convicted of second-degree murder with a firearm for deaths of Hamilton and Hines; two counts of robbery with a firearm; trial emphasized self-defense defense.
- Hamilton lived with Wittig and Hines; Morgan and Hamilton allegedly agreed to cocaine transaction; Hamilton reportedly showed limited cocaine, then violence ensued in bedroom.
- No one saw Morgan or Hamilton with a gun initially; two gunshots occurred within seconds; Hines died after entering bedroom.
- Morgan admitted self-defense theory, claimed a gun robbed him during a struggle; he claimed he fired reflexively and then left with the gun after robbing Wittig and Word.
- Evidence included passports/driver’s licenses in Morgan’s possession and drugs found in Hamilton’s bedroom; no firearm recovered; medical examiner could not determine shooter’s distance or first wound.
- Trial court instructed on forcible-felony exception and Stand Your Ground; Morgan did not object; jury found Morgan guilty of two counts of second-degree murder and two counts of robbery; sentences followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether forcible-felony instruction was proper | Morgan | Morgan contends instruction was improper as he wasn’t charged with an independent forcible felony | Fundamental error for Hamilton death; not fundamental for Hines death |
| Special jury instruction on self-defense/duty to retreat | Morgan | Morgan sought a duty-to-retreat instruction for unlawful activity | Error in not providing proper instruction; harmless for Hines death, reversible for Hamilton death |
| Judgment of acquittal on self-defense jury issues | Morgan | State failed to disprove self-defense beyond reasonable doubt | Evidence supports jury question; denial of acquittal affirmed for Hines, reversed for Hamilton with new trial remanded |
| Sufficiency of proof on second-degree murder of Hamilton and depraved-mind standard | Morgan | Evidence insufficient for depraved mind | Evidence viewed in State’s favor supports second-degree murder conviction; Hamilton conviction reversed and new trial ordered; Hines affirmed |
Key Cases Cited
- Martinez v. State, 981 So.2d 449 (Fla. 2008) (forcible-felony instruction applies only to independent forcible felonies)
- Dorsey v. State, 74 So.3d 521 (Fla.4th DCA 2011) (duty to retreat where unlawful activity present; pre-2005 standard may apply)
- Ady v. Am. Honda Fin. Corp., 675 So.2d 577 (Fla.1996) (presumes common-law not altered beyond statute)
- Wright v. State, 705 So.2d 102 (Fla.4th DCA 1998) (entitlement to jury instruction on theory of defense if evidence supports)
- Canc el v. State, 985 So.2d 1127 (Fla.5th DCA 2008) (error to give forcible-felony instruction when single forcible-felony claim weak)