Weiand v. State
In the midst of an abusive marriage, Weiand shot her husband in self-defense. A jury found Weiand guilty of second-degree murder. Weiand appealed, claiming the court had erred by failing to instruct the jury that the duty to retreat did not apply where Weiand was attacked in her own home. Florida law provides that a person may use deadly force in self-defense if she reasonably believes it necessary to prevent imminent death or severe bodily harm. A person is not entitled to use such deadly force in self-defense, where she may safely retreat from harm.