Colbert v. State
The Fifth DCA denied Colbert's petition for writ of prohibition seeking to halt prosecution after denial of his stand-your-ground immunity claim. Judge Makar's special concurrence addresses, as an alternative ground raised by the State, the proper standard for assessing timeliness of prohibition petitions reviewing SYG immunity denials, concluding no bright-line rule applies and that equitable factors—particularly the State's acquiescence in continuances and absence of alleged prejudice—defeat any claim of untimeliness here.
Key facts
- Colbert sought a writ of prohibition to halt his criminal prosecution after the trial court denied his motion for stand-your-ground immunity.
- The Fifth District Court of Appeal denied the prohibition petition, with Judge Makar's concurrence addressing whether the petition was timely filed.
- +2 more key facts with a free trial
Why it matters
This concurrence is useful to practitioners litigating the timeliness of prohibition petitions challenging denial of stand-your-ground immunity, an area lacking a clear procedural rule. It catalogs the competing… — full analysis with a trial
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