709 S.E.2d 662
S.C.2011Background
- Duncan was indicted for murder for fatally shooting Christopher Spicer at Duncan's home.
- Prior to trial, Duncan moved to dismiss the indictment on the basis of immunity under the Protection of Persons and Property Act.
- The State introduced extensive evidence at the immunity hearing, including witness statements, photos, video, 911 tapes, and autopsy findings.
- Templeton testified that she, Spicer, and Grubbs were guests; Grubbs handed Spicer a photo of Duncan's daughter, prompting Spicer's inappropriate comments and prompting Duncan to ask them to leave.
- Templeton further testified the victim returned, forced his way onto the porch, and Duncan shot him; Templeton claimed she tried to separate them.
- The circuit court dismissed the indictment, finding Duncan immune under the Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether immunity determinations should occur pre-trial. | State contends pre-trial immunity is improper. | Duncan argues immunity should bar trial and be decided before trial. | Yes; pre-trial immunity determination proper. |
| Whether Duncan was entitled to immunity under the Act. | State argues immunity not shown beyond preponderance. | Duncan asserts he acted within the Act and is immune. | Yes; Duncan entitled to immunity under the Act. |
Key Cases Cited
- Fair v. State, 284 Ga. 165, 664 S.E.2d 227 (Ga.2008) (pre-trial immunity determination under statute)
- Dennis v. State, 51 So.3d 456 (Fla.2010) (true immunity; pre-trial determination of immunity)
- Peterson v. Florida, 983 So.2d 27 (Fla.1st D.C.A.2008) (pre-trial immunity standard)