Michael A. Smith v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 7, 2026
Docket1D2025-1130
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2025-1130
_____________________________
MICHAEL A. SMITH,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
_____________________________
Petition for Writ of Prohibition—Original Jurisdiction.
October 7, 2026
PER CURIAM.
DENIED. Raulerson v. State, 409 So. 3d 713, 716–17 (Fla. 1st
DCA 2025) (noting that a writ of prohibition is “not an appeal from
a nonfinal order in which this Court reviews the circuit court’s
ruling for an abuse of discretion or for legal error” and that a
petitioner seeking a writ of prohibition to assert a claim of self-
defense immunity under section 776.032, Florida Statutes, must
“show clearly and conclusively, without a good faith dispute,” that
he was justified in the use of force).
RAY and BILBREY, JJ., concur. WINOKUR, J., concurs with opinion.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
WINOKUR, J., concurring.
Our supreme court has confirmed that a defendant “who
believes legal error was committed” at a pretrial self-defense
immunity hearing pursuant to section 776.032(1), Florida
Statutes, may “seek relief by filing a petition for a writ of
prohibition[.]” Boston v. State, 326 So. 3d 673, 677 (Fla. 2021). This
position was recently emphasized when our supreme court rejected
a proposal to authorize a nonfinal appeal to challenge an order
denying self-defense immunity to a criminal charge. In re Amends.
to Fla. Rules of App. Proc., 405 So. 3d 332 (Fla. 2025). In doing so,
the court noted that, pursuant to Boston, a defendant still may
seek relief following a denial of self-defense immunity by petition
for writ of prohibition. Id. at 333–34.
Accordingly, as we recently asserted in Raulerson v. State,
when a defendant seeks relief following a denial of self-defense
immunity, it is “not an appeal from a nonfinal order in which this
Court reviews the circuit court’s ruling for an abuse of discretion
or for legal error[;]” instead, the defendant “seeks to invoke the
writ authority of this Court[.]” 409 So. 3d 713, 716 (Fla. 1st DCA
2025). A defendant seeking a writ of prohibition to assert a claim
of self-defense immunity must “show clearly and conclusively,
without a good faith dispute,” that he was justified in the use of
force. Id. at 717. It is on this basis that the majority denies the
petition sought in this case.
Judge Tanenbaum provided a detailed concurrence in
Raulerson analyzing several important ramifications arising from
the consideration of self-defense immunity by writ of prohibition
instead of by interlocutory appeal. First, we may not treat a
petition for writ of prohibition as an (unauthorized) appeal of a
nonfinal order. Raulerson, 409 So. 3d at 721 (noting, in the wake
2
of our supreme court’s refusal to authorize an interlocutory appeal
of an order denying self-defense immunity, that “[t]he district
courts of appeal, then, still lack the constitutional authority to
directly review a denial of self-defense immunity as if the order is
on appeal—by writ or otherwise”) (Tanenbaum, J., concurring)
(emphasis in original). Second, to secure relief, a petitioner seeking
self-defense immunity by writ of prohibition must establish that
the face of the record shows that the trial court “clearly and
indisputably is acting or proposing to act beyond its jurisdiction.”
Id. at 723. And third, “the trial court’s resolution of [an]
evidentiary conflict is conclusive and not reviewable.” Id. at 724.
Under these standards, I agree that a writ of prohibition is not
justified here. In reaching this conclusion, I note that my
resolution may have been different if we were reviewing the trial
court’s order denying immunity as an interlocutory appeal, but, as
stated above, this avenue is not open to us. *
_____________________________
David S. Katz of Katz & Phillips, P.A., Orlando, for Petitioner.
James Uthmeier, Attorney General, and Amanda Bosman,
Assistant Attorney General, Tallahassee, for Respondent.
* Our supreme court noted that the Florida Public Defender
Association opposed the proposed amendment to authorize
interlocutory appeal for review of orders denying self-defense
immunity, “express[ing] concern” that interlocutory appeal would
present “unique problems[.]” In re Amends., 405 So. 3d at 333. This
“concern” was one of the reasons for the rejection of the proposal.
As Judge Tanenbaum noted in his Raulerson opinion, this
opposition does not account for the “more favorable review
parameters that accompany direct appellate review—instead of an
extraordinary, prerogative writ’s more stringent parameters.”
Raulerson, 409 So. 3d at 721 n.2 (Tanenbaum, J., concurring).
3