419 So. 2d 1087 | Fla. | 1982
Dissenting Opinion
dissenting.
I again emphatically dissent for the reasons I expressed in State v. Bobbitt, 415 So.2d 724 (Fla.1982). The majority opinion in Bobbitt, as reaffirmed in this case, clearly penalizes spouses, and particularly wives, in defending themselves from an aggressor spouse. To me, it makes no sense for a woman who shoots her live-in paramour in her home to be entitled to the castle doctrine instruction advising the jury that she need not retreat before using deadly force in self-defense,
In my view, we should adopt the same rule of law for all self-defense situations involving non-intruder aggressors in the home, whether they be spouses, children, or paramours. I would approve the modified castle doctrine instruction for all non-intruder situations specifically set forth in my dissent in Bobbitt.
. See Hedges v. State, 172 So.2d 824 (Fla.1965).
. See Bobbitt.
. The instruction suggested is as follows:
If the defendant was attacked in [his/her] own home, or on [his/her] own premises, by a contenant, family member, or invitee, [he/ she] has a duty to retreat to the extent reasonably possible but is not required to flee [his/her] home and has the lawful right to stand [his/her] ground and meet force with force even to the extent of using force likely to cause death or great bodily harm if it was necessary to prevent death or great bodily harm to [himself/herself] or another.
Bobbitt, 415 So.2d at 728 (Overton, J., dissenting). See also Judge Boardman’s opinion in Rippie v. State, 404 So.2d 160 (Fla.2d DCA 1981), which supports this view.
Lead Opinion
The decision of the District Court of Appeal, Second District, in Rippie v. State, 404 So.2d 160 (Fla.2d DCA 1981), is quashed on the authority of State v. Bobbitt, 415 So.2d 724 (Fla.1982), and this cause is remanded for further proceedings consistent with Bobbitt.
It is so ordered.