BRETHERICK v. STATE

No. SC13-2312.

170 So.3d 766 (2015)

Jared BRETHERICK, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

July 9, 2015.


Attorney(s) appearing for the Case

Eric J. Friday of Fletcher & Phillips, Jacksonville, FL; and Dawn L. Drellos-Thompson , Naples, FL, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, FL; Wesley Harold Heidt , Bureau Chief, Criminal Appeals, and Kristen Lynn Davenport , Assistant Attorney General, Daytona Beach, FL, for Respondent.

John C. Frazer , National Rifle Association of America, Fairfax, VA; and Jason Brent Gonzalez of Shutts & Bowen LLP, Tallahassee, FL, for Amicus Curiae National Rifle Association of America.

Lesley Rickard McKinney of McKinney, Wilkes, & Mee, PLLC, Jacksonville, FL, for Amicus Curiae Florida Carry, Inc.

Arthur Ivan Jacobs of Jacobs Sholz & Associates, LLC, Fernandina Beach, FL, for Amicus Curiae the Florida Prosecuting Attorneys Association, Inc.


The issue in this case arises from Florida's "Stand Your Ground" law, section 776.032, Florida Statutes (2011), which provides for immunity from prosecution when a defendant has used force in accordance with certain specified statutory circumstances. Specifically, we address the burden of proof in a pretrial evidentiary hearing where...

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