Ogunwale v. State
The Third DCA dismissed a pro se petition for writ of prohibition seeking review of a Stand Your Ground immunity denial, finding the petition both successive (challenging the same order as a prior abandoned petition) and untimely, having been filed more than 21 months after the order. The court exercised its discretion to decline review given the lack of a specific time limit for prohibition petitions but an unreasonable delay.
Key facts
- Ogunwale, a pro se defendant, filed a petition for writ of prohibition challenging a trial court's denial of his Stand Your Ground immunity defense.
- The petition was filed more than 21 months after the order denying Stand Your Ground immunity was rendered, and Ogunwale had previously filed and abandoned a similar petition challenging the same order.
- +1 more key fact with a free trial
Why it matters
This decision reinforces that review of Stand Your Ground immunity denials via prohibition is a discretionary remedy subject to a reasonableness-based timeliness requirement, aligning the Third DCA with the First DCA's… — full analysis with a trial
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