Courts in conflict on 'stand your ground' immunity No description found
The question of whether a finding of immunity from criminal prosecution under the state's self-defense laws also applies to a subsequent civil lawsuit could soon make its way to the Florida Supreme Court.
A three-judge panel of the 2nd District Court of Appeal ruled Wednesday that a man who smashed a glass into the face of an attacker was entitled to have a civil case against him thrown out without a second hearing on his self-defense claim under the state's "stand your ground" law.
A trial court had already granted the man, Nirav Patel, immunity from criminal prosecution under the law following a hearing. Because the 2nd DCA's ruling conflicts with the decision in a similar case by the 3rd District Court of Appeal, the matter could be taken up by the Supreme Court, which is tasked with sorting out conflicts.
The judges in Wednesday's ruling said the civil trial court that ordered another stand your ground hearing for Patel and the 3rd DCA "necessarily contemplated that a person who uses lawful force in a single incident may be immune from one proceeding but not immune from another. The immunity statute does not permit such inconsistency."
News Service of Florida
Family divided: News4JAX reporter Sophia Vitello good-naturedly grapples with her mom's Bills fandom ▶ 0:59
Family divided: News4JAX reporter Sophia Vitello good-naturedly grapples with her mom's Bills fandom
Buffalo Bills fans make their presence known ahead of Sunday's playoff showdown ▶ 0:37
Buffalo Bills fans make their presence known ahead of Sunday's playoff showdown
Capt. Duval came over from London and shares his love for the Jags and the people of Duval County ▶ 0:55
Capt. Duval came over from London and shares his love for the Jags and the people of Duval County
Mayor Donna Deegan welcomes Buffalo fans but predicts they'll be going home sad ▶ 0:58
Mayor Donna Deegan welcomes Buffalo fans but predicts they'll be going home sad
Jaguars Jeopardy: Do you know as much about the Jags as our contestants? ▶ 1:12
Jaguars Jeopardy: Do you know as much about the Jags as our contestants?
Airport therapy dogs win over Bills fans in Jacksonville | 'Best welcome we've ever had' ▶ 0:43
Airport therapy dogs win over Bills fans in Jacksonville | 'Best welcome we've ever had'
Last call for Nights of Lights! ▶ 0:29
Last call for Nights of Lights!
Jags superfan from London explains his fandom ▶ 0:49
Jags superfan from London explains his fandom
Jaguars fans across 'Duuuval' are ready to take on the Buffalo Bills ▶ 0:51
Jaguars fans across 'Duuuval' are ready to take on the Buffalo Bills
Liam Coen's father, Tim, has been his inspiration throughout career ▶ 1:39
Liam Coen's father, Tim, has been his inspiration throughout career
Man dies, another rescued after boating accident on Crescent Lake, FWC says ▶ 1:11
Man dies, another rescued after boating accident on Crescent Lake, FWC says
Jaguars fans are hyped for Sunday's playoff game ▶ 0:53
Jaguars fans are hyped for Sunday's playoff game
News4JAX tailgate ahead of the Jaguars playoff game ▶ 1:47
News4JAX tailgate ahead of the Jaguars playoff game
Inflammatory comments made by Clay County School Board member addressed at Thursday meeting ▶ 1:31
Inflammatory comments made by Clay County School Board member addressed at Thursday meeting
Jacksonville protesters call for justice after ICE agent shoots, kills woman in Minnesota ▶ 0:43
Jacksonville protesters call for justice after ICE agent shoots, kills woman in Minnesota
Protesters gather outside Clay County School Board meeting to call for Robert Alvero's resignation ▶ 1:19
Protesters gather outside Clay County School Board meeting to call for Robert Alvero's resignation
Moment of silence held outside Duval County Courthouse for woman killed by ICE in Minneapolis ▶ 0:08
Moment of silence held outside Duval County Courthouse for woman killed by ICE in Minneapolis
Community rallies behind Jacksonville father after wife’s tragic death following birth of 6th child ▶ 0:44
Community rallies behind Jacksonville father after wife’s tragic death following birth of 6th child
Breakdown of Jaguars Wild Card matchup against the Buffalo Bills ▶ 1:27
Breakdown of Jaguars Wild Card matchup against the Buffalo Bills
Foggy start to Thursday ▶ 0:35
Foggy start to Thursday
JTA approves program to lower fares for bus systems, remove all costs to ride NAVI shuttles downtown ▶ 0:31
JTA approves program to lower fares for bus systems, remove all costs to ride NAVI shuttles downtown
Breakdown of Jaguars Wild Card matchup against the Buffalo Bills ▶ 1:27
Breakdown of Jaguars Wild Card matchup against the Buffalo Bills
Superstitious Jaguars fan refuses to take down old Halloween decoration because they keep winning ▶ 0:50
Superstitious Jaguars fan refuses to take down old Halloween decoration because they keep winning
Nassau County woman trying to help after learning school lunch debt is up to $200K ▶ 0:51
Nassau County woman trying to help after learning school lunch debt is up to $200K
Service and therapy dogs to greet Bills fans at JAX ahead of game ▶ 0:35
Service and therapy dogs to greet Bills fans at JAX ahead of game
Previous photo Next photo