Diamond v. State
The Sixth DCA granted a writ of prohibition barring prosecution of Diamond for battery on his elderly father, holding that the State failed to meet its clear-and-convincing burden to overcome his prima facie Stand Your Ground immunity claim. The trial court's factual findings covered only events leading up to the garage confrontation but made no findings about the confrontation itself, leaving no competent, substantial evidence to support denial of immunity.
Key facts
- Diamond was charged with battery on his elderly father following a confrontation in a garage.
- At the trial court immunity hearing, the court made factual findings about events leading up to the confrontation but made no findings about the confrontation itself.
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Why it matters
This decision reinforces that appellate courts will closely scrutinize trial court findings in Stand Your Ground immunity rulings, particularly where the court fails to make explicit findings on the dispositive facts of… — full analysis with a trial
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