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, Esq. is currently in his third decade of practicing law, and is an internationally-recognized expert on the law of self-defense of the United States. Andrew is a Guest Lecturer at the Federal Bureau of Investigation’s National Academy, a former Guest Instructor at the Sig Sauer Academy, an NRA Life-Benefactor Member, and an NRA Certified Instructor. He also teaches lawyers how to argue self-defense cases as a certified instructor with the Continuing Legal Education (CLE) system in numerous states around the country. Andrew is also a host on the Outdoor Channel’s TV show “The Best Defense” and contributor to the National Review Online. Andrew has been quoted as a SME (subject-matter expert) on use-of-force law by the Wall Street Journal, the Chicago Tribune, the Washington Post, and many other mainstream media, including nationally syndicated broadcast media. Recently, Andrew won the UC Berkeley Law School debate on “Stand-Your-Ground,” and spoke at the NRA Annual Meeting Law Symposium on self-defense law. He is also a founding member of USCCA’s Legal Advisory Board. In addition to being a lawyer, Andrew is also a competitive handgun shooter, an IDPA Charter/Life member (IDPA #13), and a Master-class competitor in multiple IDPA divisions.

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