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Dorsey v. State

District Court of Appeal of Florida (2011) | 74 So. 3d 521; 2011 Fla. App. LEXIS 16361; 2011 WL 4949803

4 min read

TL;DR: Defendant's second-degree murder convictions for shooting two men at a party were reversed. Evidence showed an impulsive overreaction (manslaughter), not depraved mind murder. Erroneous "Stand Your Ground" jury instruction also warranted retrial.

Legal Significance: Clarifies that an impulsive overreaction negates the "depraved mind" element for second-degree murder. Establishes that being a felon in possession of a firearm constitutes "unlawful activity," precluding "Stand Your Ground" immunity under Florida law.