CopyCited 75 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230
...he killing in deciding if the killing was (crime charged) or was [Murder in the Second Degree] [Murder in the Third Degree] [Manslaughter], or whether the killing was excusable or resulted from justifiable use of deadly force. JUSTIFIABLE HOMICIDE F.S. 782.02 The killing of a human being is justifiable homicide and lawful if necessarily done while resisting an attempt to murder or commit a felony upon the defendant, or to commit a felony in any dwelling house in which the defendant was at the time of the killing....
CopyCited 57 times | Published | Supreme Court of Florida | 2008 WL 596805
...It is a defense to the offense with which (defendant) is charged if the [death of] [injury to] (victim) resulted from the justifiable use of deadly force. Definition. "Deadly force" means force likely to cause death or great bodily harm. Give if applicable. § 782.02, Fla....
CopyCited 39 times | Published | Supreme Court of Florida | 2005 WL 425408
...We approve the decision of the Second District in this case. It is so ordered. PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, CANTERO, and BELL, JJ., concur. NOTES [1] The Florida Standard Jury Instructions in Criminal Cases provides: Justifiable Homicide § 782.02, Fla....
CopyCited 34 times | Published | Court of Appeals for the Eleventh Circuit | 116 A.L.R. Fed. 715, 1 Wage & Hour Cas.2d (BNA) 300, 1993 U.S. App. LEXIS 3
13 49 U.S.C. § 3102(b)(1); 29 C.F.R. § 782.2(a) (1990); Boutell v. Walling,
327 U.S. 463, 467
CopyCited 31 times | Published | Supreme Court of Florida | 155 Fla. 523, 1945 Fla. LEXIS 568
self defense because it was not authorized by Section
782.02, Fla. Stats. 1941 (F.S.A.), and our rulings
CopyCited 30 times | Published | Florida 5th District Court of Appeal
...nd run because Williams was very quick and very strong and was virtually on top of defendant when the last shot was fired. The witnesses further all testified that Williams would have jumped defendant had defendant turned to run. [2] Florida Statute § 782.02 (1981) provides: Justifiable use of deadly force....
...ination that the prosecution has failed to prove the defendant's guilt beyond a reasonable doubt. Tibbs at 1123. See also Burks v. United States,
437 U.S. 1, 16 n. 10,
98 S.Ct. 2141, 2150 n. 10,
57 L.Ed.2d 1 (1978). The justifiable homicide statute, section
782.02, Florida Statutes (1981), is declaratory of the common law....
CopyCited 30 times | Published | Court of Appeals for the Eleventh Circuit | 30 Wage & Hour Cas. (BNA) 778, 1991 U.S. App. LEXIS 17965, 1991 WL 135487
the meaning of the Motor Carrier Act. 29 C.F.R. § 782.2(a) (citing United States v. American Trucking
CopyCited 27 times | Published | Supreme Court of Florida
...whether the punishment for manslaughter should be applied. This conclusion does not require the use of the shibboleths, malum prohibition and malum per se. The statute itself provides far surer guideposts. It is clear from reading the provisions of Section
782.02, justifiable homicide, and Section
782.03, excusable homicide, *282 to which one is lead by the definition of manslaughter in Section
782.07 that every act causally connected with the killing of a human being is not punished by the homicide chapter, and more specifically, not by the general manslaughter statute....
CopyCited 27 times | Published | Supreme Court of Florida
...onstitutional standard for definiteness in penal statutes. Homicides committed while resisting another's unlawful act are punishable only if not excusable, as provided in section
782.03, Florida Statutes (1975), or if not justifiable, as provided in section
782.02 or chapter 776, Florida Statutes (1975)....
CopyCited 24 times | Published | Florida 1st District Court of Appeal
...danger of such design being accomplished; "3. When necessarily committed in attempting, by lawful ways and means to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully preserving and keeping the peace." Section 782.02, Florida Statutes, 1957, F.S.A., defines justifiable homicide and provides, among other things, that: "Homicide is justifiable when committed by any person in either of the following cases: (1) When resisting any attempt to murder such...
...y committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace." (Italics by the Court.) As will be noted, the trial Court in his charge on justifiable homicide failed to charge as to that portion of paragraph 2 of Section 782.02, Florida Statutes, F.S.A., which is italicized above. We think there was sufficient evidence introduced to require a complete charge, explaining to the Jury each and every essential element of justifiable homicide. The given charge wholly ignored that part of subsec. 2 of Section 782.02, Florida Statutes, F.S.A., relative to a "homicide committed in the lawful defense of such person of his or her `child'"....
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit | 15 Wage & Hour Cas.2d (BNA) 261, 2009 U.S. App. LEXIS 16601, 2009 WL 2182419
686; see also 49 U.S.C. § 31502(b)(1); 29 C.F.R. § 782.2(a). The MCA indicates that the Secretary has this
CopyCited 21 times | Published | Supreme Court of Florida
...onstitutional standard for definiteness in penal statutes. Homicides committed while resisting another's unlawful act are punishable only if not excusable, as provided in section
782.03, Florida Statutes (1975), or if not justifiable, as provided in section
782.02 or chapter 776, Florida Statutes (1975)....
...619 (1932); State ex rel. Spencer v. Bryan,
87 Fla. 56,
99 So. 327 (1924); State ex rel. Lamar v. Jacksonville Terminal Co.,
41 Fla. 363,
27 So. 221 (1899). Nevertheless, there is provision made in the Florida Statutes for the protection of the dwelling. Section
782.02, entitled "Justifiable use of deadly force" states: The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or upon or in any dwelling house in which such person shall be....
...State,
104 So.2d 739 (Fla. 2d DCA 1958); 16 Fla.Jur.2d Criminal Law § 1077 (1979). However, appellant contends that it is inherently unreasonable to demand the presence of a person to justify the use of deadly force in defense of his dwelling, (see section
782.02, Florida Statutes (1979)), but not in defense of his real or personal property....
...ence to the protection of real property, can be read to include the dwelling in reference to the protection of personal property. It stands to reason that most, if not all, personal property would be found within the dwelling. Therefore, in light of section
782.02 and the castle doctrine, and our construction of section
776.031, appellant's argument that the owner of a dwelling has been arbitrarily and unreasonably denied equal protection is wholly without merit....
CopyCited 19 times | Published | Supreme Court of Florida | 2006 WL 1471998
...ruction; (2) adding an instruction defining "deadly force" as "force likely to cause death or great bodily harm"; (3) combining subparts 3 and 4 into a new subpart 3 in the portion of the instruction dealing with claims of self-defense predicated on section 782.02, Florida Statutes (2005); (4) expanding the explanation of when the first part of the "aggressor" exception should be given; (5) deleting those subparts of the instruction concerning the necessity to avoid the use of deadly force, the...
...It is a defense to the offense with which (defendant) is charged if the [death of] [injury to] (victim) resulted from the justifiable use of deadly force likely to cause death or great bodily harm. Definition. "Deadly force" means force likely to cause death or great bodily harm. Give if applicable. § 782.02, Fla....
CopyCited 19 times | Published | Florida 4th District Court of Appeal | 2002 WL 384970
...Appellant first argues that because he did not invite the victims into his home, he was under the reasonable belief that they were engaged in the commission of a burglary in his dwelling, justifying his use of deadly force against them. He relies on both section 782.02, Florida Statutes (1997), and the "castle doctrine." Section 782.02 provides "[t]he use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be." Similarly, the "ca...
CopyCited 18 times | Published | Florida 2nd District Court of Appeal
...the physical conditions and the circumstances attending the parties and the oral testimony to show the reasonableness of his belief of imminent danger of commission of a felony or great personal injury to himself or family at the hands of deceased. Section 782.02, F.S.A., provides: "Homicide is justifiable when committed by any person in either of the following cases: (1) When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in whic...
CopyCited 16 times | Published | Florida 5th District Court of Appeal
...It is elementary that before any confession or admission of criminal guilt is even admissible into evidence the State must first prove the corpus delicti of the crime by independent prima facie evidence. Because the shooting or even killing of another person may be justifiable ( see § 782.02 and ch....
CopyCited 16 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 911
...State,
341 So.2d 261 (Fla. 3d DCA 1977) (in order to justify a homicide on the ground of self defense, the situation must be such as to induce a reasonably prudent person that danger was imminent and that there was a real necessity for the taking of life); see also §
782.02, Fla....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31322780
...nder section
782.04(1)(a)(3). At least in the factual context of this case, justifiable homicide and excusable homicide are not material issues. The following standard instructions are the instructions omitted during this trial: JUSTIFIABLE HOMICIDE §
782.02, Fla....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal
...Altogether, appellant raises four points on appeal, only two of which merit discourse. *57 I. We consider first whether the court erred in denying appellant's requested instructions pertaining to the law of defense of habitat as it may apply in a homicide case. The basis for such an instruction is found in § 782.02(2)(a), F.S.A., which section defines justifiable homicide and provides as follows: "(2) Homicide is justifiable when committed by any person in either of the following cases: (a) When resisting any attempt to murder such person, or to commi...
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1989 WL 135390
...one eye, and the condition of that eye, which had been subjected to surgery, was such that a blow to it could have caused permanent, total blindness. Florida law recognizes that the use of deadly force may be justifiable under certain circumstances. Section 782.02, Florida Statutes (1987), provides: "The use of deadly force is justifiable when a person is resisting any attempt to murder such *266 person or to commit any felony upon him......
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 885
...ts in those cases had reasonably been able to avoid killing their attackers. We find no merit in defendant's remaining contention. See Williams v. State,
454 So.2d 790 (Fla. 5th DCA 1984). Affirmed. SCHEB, A.C.J., and CAMPBELL, J., concur. NOTES [1] Section
782.02, Florida Statutes (1985), provides: "The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or upon or in any dwelling house in which such person shall be."
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 1996 A.M.C. 1035, 1996 U.S. App. LEXIS 233, 1996 WL 202
Vessels Act (1) has a more liberal venue provision (§ 782); (2) restricts subpoenas against officers and crews
CopyCited 9 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 1, 2010 Fla. LEXIS 2, 2010 WL 26546
...It is a defense to the offense with which (defendant) is charged if the [death of] [injury to] (victim) resulted from the justifiable use of deadly force. Definition. "Deadly force" means force likely to cause death or great bodily harm. Give if applicable. § 782.02, Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...going testimony of the only eye witnesses, appellant's defense was that the killing of "Rocky" Doss was either accidental, and thus falls within one of the categories of "excusable homicide" [1] or was "justifiable homicide" within the provisions of § 782.02, F.S.A....
...Consequently, the express exclusions therein must be fully defined. [2] Here, as we've noted, the court did sufficiently charge on "excusable homicide," but omitted a material part of the definition of "justifiable homicide." Now "justifiable homicide" is defined by F.S. 1969, § 782.02, F.S.A., as follows: "1....
...Concerning the first omission, we think the court was correct. While it is true that the court is bound to fully charge on the definitions of all crimes embraced within the crime charged or germane to the defense, [3] the provisions of paragraph (1) of § 782.02, supra, contemplate a special situation not possibly relevant in fact or law to the case here....
...In accord with its duty, then, to fully inform the jury on the law applicable both to the offense charged and to relevant defenses toward which there was some evidence, the court should have completely defined "justifiable homicide" as provided in §
782.02(2), F.S.A., and charged on the provisions of §
782.11, F.S.A....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...of "homicide."'" Black's Law Dictionary 751 (8th ed.2004) (quoting Glanville Williams, Textbook of Criminal Law 204 (1978)). The existence of the legal categories of excusable homicide, see §
782.03, Fla. Stat. (2003), and justifiable homicide, see §
782.02; Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...However, if she was unlawfully attacked in her own home, she had no duty to retreat from her home but, rather, could lawfully stand her ground and meet force with force, including deadly force, if necessary to prevent imminent death or great bodily harm to herself. See § 782.02, Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...The cause of death was a brain hemorrhage. After striking the deceased the Appellant left the scene and went home and was later contacted by police and arrested. His defense was self defense which, if successfully maintained, constitutes justifiable homicide. Section 782.02, Florida Statutes (1975)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...t that each and every element of the statutory defense of justifiable homicide should be charged upon if it is supportable by any reasonable view of the evidence. The defense of one's relatives or one's self is not the only circumstance for invoking Section 782.02, Florida Statutes, F.S.A. On the contrary, the statute expressly provides that the defense is applicable in either of several cited circumstances. Appellant has italicized the portions of Section 782.02 which were omitted from the court's charge and contends that the omission here, as in Bagley, was fatal; viz: "Homicide is justifiable when committed by any person in either of the following cases: (1) when resisting any attempt to mur...
...that the jury under the evidence here might have found that appellant slew his assailant "when resisting any attempt to murder such person [appellant], or to commit any felony upon him [appellant]", circumstances delineated in subsection (2) (a) of Section 782.02 which were omitted from the charge....
CopyCited 6 times | Published | District Court, S.D. Florida | 2007 WL 460917
vehicles in interstate or foreign commerce. 29 C.F.R. § 782.2(a); see Baez v. Wells Fargo Armored Serv. Corp
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...[6] It stated From the evidence and the charge we conclude that the jury could have found that the defendants placed their hands on deceased and that both defendants were drunk, disorderly and cursed deceased in the presence of his wife. * * * * * * It is clear from reading the provisions of Section
782.02, justifiable homicide, and Section
782.03, excusable homicide, to which one is lead by the definition of manslaughter in Section
782.07 that every act causally connected with the killing of a human being is not punished by the homicide chapter, and more specifically, not by the general manslaughter statute....
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 16 Wage & Hour Cas.2d (BNA) 1196, 2010 U.S. App. LEXIS 19567, 2010 WL 3636233
employee's job.'" Id. at 1227 (quoting 29 C.F.R. § 782.2, outlining the requirements for the MCA exemption)
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 20 Fla. L. Weekly Fed. D 2528
...d not done in a cruel or unusual manner. §
782.03, Fla. Stat. (1993). The use of deadly force is not justifiable except by a person resisting an attempt "to commit any felony upon him or upon or in any dwelling house in which such person shall be." §
782.02, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...er included crime of murder, it is included. We reject this contention. There is a logical reason not to include manslaughter within the category of "any murder". Manslaughter includes killing by "culpable negligence", which does not require intent. Section 782.02, Florida Statutes (1975)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1994 WL 524301
...See also People v. Daniels, 186 Mich. App. 77, 463 N.W.2d 131, 133 (1990); State v. Boilard, 488 A.2d 1380, 1386-87 (Me. 1985). Unquestionably, appellee may have justifiably used deadly force in resisting what appeared to him as a home invasion robbery. § 782.02, Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 2011 WL 4835655
...Justifiable Homicide: The killing of a human being is justifiable homicide and lawful if necessarily done while resisting an attempt to murder or commit a felony upon the defendant, or to commit a felony in any dwelling house in which the defendant was at the time of the killing. § 782.02, Fla....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 17 Wage & Hour Cas.2d (BNA) 226, 2011 U.S. App. LEXIS 1779, 2011 WL 255294
employee’s job.’ ” Id. at 1227 (quoting 29 C.F.R. § 782.2, outlining the requirements for the MCA exemption)
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2000 WL 31815
...therefore this issue was not preserved. [3] "The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be." § 782.02, Fla....
CopyCited 3 times | Published | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 96210
commerce within the meaning of the MCA. 29 C.F.R. § 782.2. Here, given that Defendants have not met the first
CopyCited 3 times | Published | District Court, S.D. Florida | 14 Wage & Hour Cas.2d (BNA) 82, 2008 U.S. Dist. LEXIS 60757, 2008 WL 2967170
work involved in the employee's job." 29 C.F.R. § 782.2. More specifically, the Secretary of Transportation
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2011 WL 2694434
...or which would require reversal without a contemporaneous objection. The trial judge instructed the jury on the justifiable use of force using the portion of Florida Standard Jury Instruction (Crim.) 3.6(f), Justifiable Use of Deadly Force, in which section 782.02, Florida Statutes is the statutory basis for the instruction....
...ng to murder him. Odeh emphatically maintained that Morgan repeatedly threatened to get a gun to kill him. He never said Morgan was getting a gun to scare him or perhaps wound him. In instructing the jury on the justifiable use of deadly force under Section 782.02, the first alternative the judge instructed on was the use of deadly force “while resisting an attempt to murder him.” The fact that in giving other alternatives, the trial judge set the standard higher for the type of murder does...
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1988 WL 107045
...be adequately defined without such an instruction." Pouk v. State,
359 So.2d 929, 930 (Fla. 2d DCA 1978). [3] "The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him... ." §
782.02, Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 209, 2010 Fla. LEXIS 476, 2010 WL 1372703
...The killing of a human being is justifiable homicide and lawful if necessarily done while resisting an attempt to murder or commit a felony upon the defendant, or to commit a felony in any dwelling house in which the defendant was at the time of the killing. § 782.02, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...m a felony, he ought not be placed in a less favorable position before the jury because he merely assaulted the aggressor to thwart the commission of the felonious assault than he would occupy had he killed the aggressor, as he is permitted to do by Section 782.02, Florida Statutes, F.S.A....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1996 WL 124657
...see Day v. Nationwide Ins. Co.,
328 So.2d 560 (Fla. 2d DCA 1976)): 1. whose life was terminated by the intentional act of another (Ashley told the police she intended to hurt the baby); and 2. which act was not: a. justifiable homicide under either section
782.02, Florida Statutes (1993), or chapter 766, Florida Statutes; b....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1993 WL 73
(1988). . 49 U.S.C. § 3102(b)(1); 29 C.F.R. § 782.2(a) (1990); Boutell v. Walling,
327 U.S. 463, 467
CopyCited 2 times | Published | District Court, S.D. Florida | 25 Wage & Hour Cas.2d (BNA) 891, 2013 WL 6834657, 2013 U.S. Dist. LEXIS 179595
the meaning of the Motor Carrier Act.” 29 C.F.R. § 782.2 (internal citations omitted); see also Baez, 938
CopyCited 2 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 58029
vehicles in interstate or foreign commerce. 29 C.F.R. § 782.2(a). Here, again, Defendants have asserted matters
CopyCited 2 times | Published | District Court of Appeal of Florida | 86 A.L.R. 2d 437, 1960 Fla. App. LEXIS 2504
In Florida, through statutory definition, section 782.-02(2), Florida Statutes, F.S.A., homicide is justifiable
CopyCited 1 times | Published | Supreme Court of Florida | 2016 WL 2586287
...[injury to] (victim) resulted from crime[s] of (name[s] of relevant crime[s]) if
the actions of (defendant) constituted the justifiable use of deadly force.
Definition.
“Deadly force” means force likely to cause death or great bodily harm.
Both Chapter 776 and § 782.02, Fla. Stat., address the justifiable use of
deadly force.
Give if applicable. § 782.02, Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15259
theory of justifiable homicide as defined by F.S. § 782.-02 (2) (b). However, the foregoing statute provides
CopyPublished | Court of Appeals for the Eleventh Circuit
employee’s job.’” Id. at 1227 (quoting 29 C.F.R. § 782.2, outlining the requirements for the MCA exemption)
CopyPublished | District Court of Appeal of Florida
instruction was based, in part, on the wording of section
782.02 of the Florida Statutes which provides that:
CopyPublished | Supreme Court of Florida
Both Chapter 776 and § Section
782.02, Fla. Stat., and many statutes
CopyPublished | District Court of Appeal of Florida | 1987 Fla. App. LEXIS 10910, 12 Fla. L. Weekly 2570
deadly force against Michael Bessent. The Florida Statute
782.02 states, the killing of a human being is
CopyPublished | Florida 4th District Court of Appeal
...tempt to murder or commit a felony
upon the defendant, or to commit a felony in any dwelling house in which
the defendant was at the time of the killing.” (emphasis added). Appellant
claims that the standard instruction does not accurately reflect section
782.02, Florida Statutes (2021), which states that “[t]he use of deadly force
is justifiable when a person is resisting any attempt to murder such person
or to commit any felony upon him or her or upon or in any dwelling house
in which such person shall be.” Appellant argues that section 782.02 does
not require that the use of deadly force be “necessarily done”—a phrase
contained in the standard jury instruction....
CopyPublished | Supreme Court of Florida
...The killing of a human being is justifiable homicide and lawful if
necessarily done while resisting an attempt to murder or commit a felony
upon the defendant, or to commit a felony in any dwelling house in which the
defendant was at the time of the killing. § 782.02, Fla....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6237
instruct the jury as to the provision found in Section
782.02(2) (b), F.S.1967, F.S.A. The instruction was
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5599
...He freely and voluntarily entered a plea of guilty to the commission of a crime so heinous that its prevention has been made by statute the basis of justifiable homicide in a proper case when the same is being perpetrated upon one’s wife, mother, sister or daughter. See Section 782.02(2) (b), Florida Statutes, F.S.A....
CopyPublished | Florida 6th District Court of Appeal
...use such force is necessary to prevent imminent death or great bodily harm to himself
or herself or another or to prevent the imminent commission of a forcible felony.’”
Jackson v. State,
253 So. 3d 738, 740 (Fla. 1st DCA 2018) (quoting §
776.012(2), Fla.
Stat.); see also §
782.02, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2014 WL 3511138, 2014 Fla. App. LEXIS 10901
...(11) The instant petition filed on 10/11/13.
2
when instructing the jury on manslaughter. Specifically, the trial court instructed
the jury, in relevant part, as follows:
JUSTIFIABLE HOMICIDE
F.S. 782.02
The killing of a human being is justifiable and lawful if necessarily
done while resisting an attempt to murder or commit a felony upon the
defendant, or to commit a felony in any dwelling house in which the
defendant was at the time of the killing.
EXCUSABLE HOMICIDE
F.S....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 6, 2024
...Florida law. Buselli argued the district court must also instruct the
jury on the Florida defenses to murder, which are excusable
homicide, justifiable homicide, and a killing by the justifiable use
of deadly force. See Fla. Stat. §§
782.02,
782.03,
776.012....
...d excusable
homicide. For justifiable homicide to apply, the defendant must kill
another while resisting an attempted murder or a forcible felony
against the defendant. See Fla. Std. Jury Instr. (Crim) 7.1; Fla. Stat
§ 782.02....
CopyPublished | Court of Appeals for the Eleventh Circuit
employee's job.'" Id. at 1227 (quoting 29 C.F.R. § 782.2, outlining the requirements for the MCA exemption)
CopyPublished | Florida 6th District Court of Appeal
...(2012) (“A person is
justified in the use of deadly force only if he or she reasonably believes that such
force is necessary to prevent the imminent commission of a forcible felony. A
person does not have the duty to retreat if the person is in a place where he or she
has a right to be.”); § 782.02, Fla....
CopyPublished | Supreme Court of Florida
...[use] [or] [threatened use] of deadly force. “Deadly force” means force likely
to cause death or great bodily harm.
Definition.
“Deadly force” means force likely to cause death or great bodily harm.
Both Chapter 776 and § Section
782.02, Fla. Stat., and many statutes within
Chapter 776 address the justifiable use of deadly force, however, §
782.02, Fla.
Stat., does not address the concept of stand-your-ground/no duty to retreat.
Additionally, §
776.013(1), Fla....
...Stat., covers the situation where the defendant was
in a dwelling and had the right to be there while §
776.012(1), and §
776.031(2),
Fla. Stat., cover other situations. The Committee advises lawyers and judges to use
great caution in deciding which statute or statutes apply.
Give if applicable. §
782.02, Fla....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 9032
...This is so because if, as indicated, the evidence at trial should disclose that the accused removed himself from a position of danger or peril, and then voluntarily drove back and opened fire on the group his action then was that of an aggressor, and the resultant killing would not be a justifiable homicide under § 782.02(2) (b) Fla.Stat.F....
CopyPublished | Supreme Court of Florida | 1949 Fla. LEXIS 1052
...The county solicitor then made a clarifying statement to the jury which is not necessary to recite. Appellant then requested a clarifying charge to counteract the effect of the argument, which was denied. The refusal of this charge is the gist of the second ground relied on for reversal. Section 782.02 (3), Florida Statutes 1941, F.S.A., among other things, provides that homicide is justifiable when "committed * * * in lawfully keeping and preserving the peace." This statute was construed in Mitchell v....
CopyPublished | Supreme Court of Florida
...given. Mathis v. State,
863 So. 2d 464
(Fla. 1st DCA 2004). Only the discharge of a firearm, whether accidental or not,
has been deemed to be the use of deadly force as a matter of law. Hosnedl v. State,
126 So. 3d 400 (Fla. 4th DCA 2013).
§
782.02, Fla. Stat., and many statutes within Chapter 776 address the
justifiable use or threatened use of deadly force, however, §
782.02, Fla....
...[use] [or] [threatened use] of deadly force. “Deadly force” means force likely
to cause death or great bodily harm. “Great bodily harm” means great as
distinguished from slight, trivial, minor, or moderate harm, and as such does
not include mere bruises.
Section 782.02, Fla. Stat., and many statutes within Chapter 776 address the
justifiable use of deadly force, however, § 782.02, Fla....
...a dwelling and had the right
to be there while §
776.012(1), and §
776.031(2), Fla. Stat., cover other situations.
The Committee advises lawyers and judges to use great caution in deciding which
statute or statutes apply.
Give if applicable. §
782.02, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...There is no material distinction. Police officers are trained
to, and have little choice but to, use deadly force to stop a civilian
who threatens them, their fellow officers, and the public at large.
See FLA. STAT. § 782.02 (2022)....
CopyPublished | Florida 6th District Court of Appeal
...fense
counsel only requested the first page of his submission be read to the jury.4
3
This is the applicable version of Standard Jury Instruction 3.6(f) that was in
effect at the time of Gonzalez’s trial. This section is based on section 782.02, Florida
Statutes (1997), and the applicable felony Zuniga was allegedly attempting to
commit was aggravated battery.
4
While Gonzalez makes additional arguments that other portions of Standard
Jury Instruction 3.6(f) w...
...Instruction 3.6(f) has since been amended slightly, but
none of the amendments are material to this case. The instruction is stated as it
would have been read at trial given the circumstances of this case. This portion of
the instruction is based on section 782.02, Florida Statutes (1997)....
...the person using or threatening to use the deadly force is not engaged
in a criminal activity and is in a place where he or she has a right to be.
§
776.031(2), Fla. Stat. (2014). Finally, within Chapter 782 of the Florida Statutes,
which governs homicide, Section
782.02, entitled “Justifiable use of deadly force,”,
provides:
The use of deadly force is justifiable when a person is resisting any
attempt to murder such person or to commit any felony upon him or her
or upon or in any dwelling house in which such person shall be.
§
782.02, Fla....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6940
...s without merit. It was shown by the state, without contradiction, that the defendant shot and killed the victim. However, the appellant argues that the evidence established the homicide was justifiable, as having been committed in self-defense. See § 782.02 (2) (b) Fla.Stat., F.S.A....
