Miller v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that defendant’s firing a warning shot in the air when the victim allegedly advanced on him with a stick, constituted the use of deadly force as a matter of law
• concluding that the trial court did not err in refusing to give a jury instruction on the justifiable use of non-deadly force, because a firearm is, by definition, a deadly weapon which fires projectiles likely to cause death or great bodily harm
• explaining that discharging a firearm in the air as a warning shot constitutes the use of deadly force
• the firing of a firearm into the air, even as a so called warning shot, constitutes the use of deadly force as a matter of law
• the firing of a firearm into the air, even as a so called warning shot, constitutes the use of deadly force as a matter of law
• “A firearm is, by definition, a deadly weapon which fires projectiles likely to cause death or great bodily harm; . . . .”

Source: CourtListener parenthetical corpus (CC0).

Cited by

14 cases in this archive cite this case.

• Altieri v. State
  District Court of Appeal of Florida· 2002-12-26· cited 28×
• Garramone v. State
  District Court of Appeal of Florida· 1994-05-11· cited 27×
• Waldo v. State
  District Court of Appeal of Florida· 1999-02-10· cited 17×
• Stewart v. State
  District Court of Appeal of Florida· 1996-04-10· cited 17×
• Howard v. State
  District Court of Appeal of Florida· 1997-09-10· cited 15×
• Deluge v. State
  District Court of Appeal of Florida· 1998-04-09· cited 15×
• Curington v. State
  District Court of Appeal of Florida· 1998-01-30· cited 10×
• Mathews v. State
  District Court of Appeal of Florida· 2001-08-27· cited 9×
• State v. Wilson
  Ohio Court of Appeals· 2022-10-21· cited 8×
• Orjales v. State
  District Court of Appeal of Florida· 2000-04-14· cited 7×
• Hosnedl v. State
  District Court of Appeal of Florida· 2013-11-06· cited 6×
• Rivero v. State
  District Court of Appeal of Florida· 2004-03-31· cited 4×
• Marty v. State
  District Court of Appeal of Florida· 2016-09-16· cited 2×
• Wilson Verela v. the State of Florida
  District Court of Appeal of Florida· 2025-03-05

Cites

2 cases in this archive are cited by this case.

• State v. DiGuilio
  Supreme Court of Florida· 1986-07-17· cited 2,703×
• Bello v. State
  Supreme Court of Florida· 1989-07-06· cited 42×