In 2015, Tashara Love shot an individual outside a nightclub and was charged with attempted second-degree murder with a firearm. Ms. Love invoked Florida’s Stand Your Ground law asserting she was immune from prosecution because she shot the victim while defending her daughter. Before Ms. Love’s immunity hearing, the law was amended; shifting the burden of proof from the defense to the prosecution. At the immunity hearing, the trial court determined that, under the old law, Ms. Love did not meet her burden of proving entitlement to immunity. Ms. Love then sought relief in the Third District Court of Appeal, arguing that the State of Florida now has the burden of proof. The State maintained that the new standard of proof did not apply in Ms. Love’s case. The Third District concluded that the new law does not apply retroactively to Ms. Love’s case. Ms. Love asked this Court for review, arguing that the Third District’s decision conflicts with decisions of this Court and other appellate courts.

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