LOVE v. STATE

No. SC18-747.

286 So.3d 177 (2019)

Tashara LOVE, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

December 19, 2019.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Maria E. Lauredo , Chief Assistant Public Defender, and Jeffrey Paul DeSousa , Assistant Public Defender, Eleventh Judicial Circuit, Miami, Florida, for Petitioner.

Ashley Moody , Attorney General, and Amit Agarwal , Solicitor General, Edward Wenger , Chief Deputy Solicitor General, and Christopher Baum , Deputy Solicitor General, Office of the Attorney General, Tallahassee, Florida, for Respondent.

Jason Gonzalez of Shutts & Bowen LLP, Tallahassee, Florida; and Stephen P. Halbrook of Shutts & Bowen LLP, Fairfax, Virginia, for Amici Curiae Unified Sportsmen of Florida, Inc.

David H. Thompson and Davis Cooper of Cooper & Kirk, PLLC, Washington, District of Columbia, for Amicus Curiae National Rifle Association Freedom Action Foundation.

Glen P. Gifford , Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida; and Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, Florida, for Amici Curiae Florida Public Defender Association, Inc. and Florida Association of Criminal Defense Lawyers.

Penny H. Brill of Theodore F. Brill, P.A., Plantation, Florida, for Amicus Curiae League of Prosecutors — Florida.

Glenn Burhans, Jr. , and Kelly A. O'Keefe of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., Tallahassee, Florida, for Amicus Curiae Giffords Law Center to Prevent Gun Violence.

Darren A. LaVerne , Daniel M. Ketani , and Timur Tusiray of Kramer Levin Naftalis & Frankel, LLP, New York, New York; and Sean R. Santini of Santini Law, Miami, Florida, for Amici Curiae for Everytown for Gun Safety and Brady Center to Prevent Gun Violence.

Ricardo J. Bascuas , Coral Gables, Florida, for Amicus Curiae University of Miami School of Law — Federal Appellate Clinic.


The certified conflict issue in this case is whether section 776.032(4), Florida Statutes (2017), which effective in June 2017 altered the burden of proof at pretrial immunity hearings under Florida's "Stand Your Ground" law, applies to pending cases involving criminal conduct alleged to have been committed prior to the effective date...

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