3/2/2023 0 Comments Pablo lyle![]() As in Love, the Petitioner’s pre-trial immunity hearing took place in 2019, well after the effective date of the Stand Your Ground statute. Pursuant to the Stand Your Ground 1 The Florida Supreme Court quashed the Third District’s holding in Love, concluding that section 776.032(4) is a procedural change in the law and applies to all Stand Your Ground immunity hearings conducted on or after the statute's effective date of June 2017. 1 Under our appellate standard of review, the trial court’s factual findings are “presumed correct and can be reversed only if they are not supported by competent substantial evidence, while the trial court’s legal conclusions are reviewed de novo.” Craven v. This Court stayed proceedings until the Florida Supreme Court decided the issue of the statute’s retroactivity in Love v. ![]() At the conclusion of the August 2019 pre-trial immunity hearing, the trial judge articulated his reasons for denying immunity and the written order was rendered in September 2019. Lyle moved to dismiss the charge under section 776.032. The victim went into a coma and later died. The Petitioner was charged by information with manslaughter as a result of striking the victim in the head with his fist. Pablo Lyle (the “Petitioner”) challenges the order denying his pre-trial motion seeking immunity from prosecution pursuant to section 776.032, Florida Statutes (2017) (Florida’s Stand Your Ground law, effective June 2017). Ashley Moody, Attorney General, and Asad Ali, Assistant Attorney General, for respondent. Reizenstein and Alex Sola Lehr, Levi and Mendez, and Bruce Lehr, for petitioner. A Case of Original Jurisdiction - Prohibition. Not final until disposition of timely filed motion for rehearing. Third District Court of Appeal State of Florida Opinion filed April 22, 2020.
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