LI: Self-Defense Immunity Motion In Florida Movie Theater Shooting

I’ve previously written over at Legal Insurrection about the Florida movie theater shooting, in which retired police officer Curtis Reeves shot and killed Chad Oulson in claimed self-defense after the two men argued about Oulson’s use of his cell phone in a movie theater:

Florida Theater Shooting Induces Another Round of “Stand Your Ground” Mania (1/14/14)

[Update: If the above link does not work for you, try clicking here.]

“Popcorn” Shooting Trial Set For March (9/17/14)

Despite that second headline, the trial proper has not yet begun.  Last week, however, defense counsel for Reeves filed a motion seeking self-defense immunity under Florida statute §776.032, “Immunity from criminal prosecution and civil action for justifiable use of force.”  That motion is embedded as a PDF at the bottom of this post hosted at Legal Insurrection.

Naturally there remain factual disputes between the prosecution and the defense, and the resolution of those factual disputes will likely be dispositive on the self-defense immunity motion.

Setting those factual disputes aside for the moment, however, the motion does a very nice job of laying out the relevant law of self-defense immunity.  It also provides a very clear and intuitive model for how such a motion should be structured and argued. (Nice work by defense counselors Escobar, Michaels, and Shah.)

To read the rest of this post, click over to Legal Insurrection.

About the Author

Andrew Branca
Andrew F. Branca is a Massachusetts lawyer and the author of the seminal book “The Law of Self Defense, 3rd Edition,” available at the Law of Self Defense website (autographed copies available) and (paperback and Kindle), and many other re-sellers. Andrew just launched his latest product, the LOSD Instructor Program, designed for gun safety, marksmanship and tactical strategy instructors. Be an elite member of the self defense community, understanding your state's self defense laws to a depth even lawyers rarely achieve. Check it out here.   Andrew also gives live, in-person, ~5 hour-long state-specific Law of Self Defense Seminars all over the country. Click here to find a live seminar covering your state's self-defense laws.   Andrew also produces many 4-5 hour online, on-demand state-specific Law of Self Defense training courses. These online classes are enriched versions of the live, in-person state-specific Law of Self Defense Class Andrew gives all around the country. Click here to find an online course for your state. These online classes are priced at $249/HOUSEHOLD. You can learn more details and view the first section of the training class for free (about 30 minutes worth of self-defense law training) by clicking here.

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