FL Appellate Court Grants Self Defense Immunity To Black Defender
The evening of February 27, 2008, in the Miami area, Gabriel Mobley and a friend were viciously attacked by two men. Using his licensed concealed carry pistol, Mr. Mobley successfully fought off the attack, killing both of the aggressors. He was charged with two counts of second degree murder – murder which, under Florida law, requires “malice”. Mobley exercised his rights under Florida’s self-defense immunity state, 776.032 Immunity from criminal prosecution and civil action for justifiable use of force, to avoid going to trial on the basis that it was more likely than not, based on the evidence, that he acted in lawful self-defense.
The trial judge, Thomas Rebull, refused to dismiss the charges. He claimed that Mobley’s testimony was not credible, and that Mobley’s deadly force was “neither reasonable or necessary.” Mobley appealed.
On Thursday, the Florida appellate court hearing the matter ruled by 2-1 that the evidence supported Mobley’s request for self-defense immunity. (The State prosecutors say they intend to appeal that ruling.)
For the full story and analysis, see my post over at Legal Insurrection:
Andrew F. Branca is an MA lawyer and the author of the seminal book “The Law of Self Defense, 2nd Edition," available at the Law of Self Defense blog, Amazon.com (paperback and Kindle), Barnes & Noble (paperback and Nook), and elsewhere.
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