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Date: 04-14-2022
Case Style:
Case Number: 2D18-4541
Judge: Edward LaRose
Court:
Plaintiff's Attorney: Ashley Moody, Attorney General,
Tallahassee, and Katie Salemi-Ashby,
Assistant Attorney General
Defendant's Attorney:
Description:
Outcome: Because the trial court erred in its legal conclusion that Mr. Melchild's
initial use of force was lawful, which prevented Mr. Garcia from asserting immunity
under section 776.012(1), and in its conclusion that section 776.012(2) applies only if the defendant was in a place where he had a right to be at the time of the incident, we grant the petition and quash the order denying Mr. Garcia's motion. We leave it to the trial court to consider the motion under a proper construction of the Stand Your Ground law.
Petition granted.
Plaintiff's Experts:
Defendant's Experts:
Comments: