Spencer v. State
The Fourth DCA granted a defendant's prohibition petition seeking Stand Your Ground immunity from second-degree murder charges, holding the trial court's factual findings did not support its legal conclusion that the state disproved immunity by clear and convincing evidence. The court held that under the credited facts—an aggressive, threatening, physically larger victim closing in on the defendant with his hand near his pocket—a reasonable person would have believed deadly force was necessary, and the defendant had no duty to retreat or warn. A lengthy special concurrence explores the role of victim reputation and relative size/threats in the objective reasonableness analysis.
Key facts
- Spencer was charged with second-degree murder and sought Stand Your Ground immunity under Florida law.
- The trial court denied the immunity claim, finding the state disproved the defense by clear and convincing evidence, despite crediting certain factual findings about the victim's aggressive approach, prior threats, and physical disparity.
- +2 more key facts with a free trial
Why it matters
This opinion provides a useful appellate template for challenging trial courts that deny Stand Your Ground immunity despite crediting facts that objectively support a reasonable fear of imminent harm—practitioners can… — full analysis with a trial
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