Moore v. State
The Sixth DCA granted Moore's petition for writ of prohibition, holding he was immune from prosecution for second-degree murder under Florida's Stand Your Ground law. The trial court's denial of immunity rested on inadmissible testimony (a detective's description of video content violating the best evidence rule) and improper reliance on Moore's silence and failure to present evidence, both of which were legally impermissible once Moore established a prima facie immunity claim.
Key facts
- Moore was charged with second-degree murder and sought immunity under Florida's Stand Your Ground law; the trial court denied his immunity petition.
- At the immunity hearing, the trial court relied on a detective's testimony describing video content rather than the video itself, and drew adverse inferences from Moore's decision not to testify or present evidence.
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Why it matters
This opinion gives criminal defense practitioners a clear roadmap for challenging Stand Your Ground immunity denials: it reaffirms that once a prima facie claim is made, the defendant bears no further burden, and courts… — full analysis with a trial
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