Case Law: Michigan Or Florida?

The applicability of Michigan or Florida law depends on the specific case and its circumstances. For instance, in the case of Michigan v. Long, the United States Supreme Court ruled on a case originating in Michigan, while Florida's stand your ground law gained attention following the fatal shooting of Trayvon Martin in Florida. Additionally, in estate planning, a Michigan power of attorney is generally recognized in Florida but is subject to Florida's power-of-attorney laws. Understanding which state's laws apply requires examining the specifics of the case, the location, and the laws of both states.

Michigan's 'stand your ground' law

The 'stand your ground' law allows someone to use lethal force to defend themselves or another person without the obligation to retreat. This means that, in Michigan, you can stand your ground even if you are not in your home.

However, this does not mean that you can shoot or harm someone without reason. The use of lethal force in self-defence or for the defence of another has limitations. You can use stand your ground if you believe the following are imminent:

• Death
• Great bodily harm
• Imminent sexual assault

If you see someone behaving illegally, but you do not believe they are about to do any of the above, lethal force is not permitted.

To be successful in a stand your ground defence, the defendant must prove the following three things:

• You are not engaged in a crime
• You are somewhere you are legally allowed to be
• You feel that deadly force is the only way to defend yourself or another person against the threat

The stand your ground law also applies to non-deadly force. You are generally only allowed to use the degree of force that is required to protect yourself or someone else. The above elements must also be satisfied when using non-deadly force, showing that the force used was necessary to protect yourself or another person.

Florida's 'stand your ground' law

Florida's stand-your-ground law is a controversial self-defence statute that permits citizens to use deadly force and grants them immunity from prosecution. This law expands on the castle doctrine, which allows a person to defend themselves in their home, to include any place they are lawfully permitted to be.

Florida's stand-your-ground law states that a person has the right to stand their ground and use or threaten to use deadly force if they reasonably believe such force is necessary to prevent imminent death, great bodily harm, or the commission of a forcible felony. This means that if a person is in a place they are legally allowed to be and they reasonably believe that the use of deadly force is necessary to protect themselves or others from death, great bodily harm, or sexual assault, they can use deadly force without first attempting to retreat.

The stand-your-ground law is different from Florida's castle doctrine, which only allows a person to use deadly force against someone who has broken into their home. The stand-your-ground law applies to any place a person has the legal right to be, not just their home.

The right to stand your ground means there is no duty to retreat. In other words, a person who has the opportunity to escape potential harm is not legally required to do so. This is a significant distinction from other states' self-defence laws, which often require a person to attempt to retreat before using deadly force.

To claim stand-your-ground defence, a person must meet several criteria. Firstly, they must be in a dwelling, residence, or occupied vehicle. A dwelling or residence includes a home, building, or other structure designed for people to stay overnight, as well as any attached structures such as a porch. Secondly, the person must have a reasonable belief of impending death or great bodily harm. There must be a clear reason to believe there is a threat of imminent death, great bodily harm, or the commission of a crime. Examples include a burglar breaking into a home or a kidnapper attempting to kidnap someone.

Stand-your-ground defence only applies when the person using deadly force is in a place they are legally allowed to be and is not committing a crime. It does not apply if the person using deadly force provoked the other person or if the other person was attempting to leave the premises. It also does not apply if force is used against a law enforcement officer performing their official duties.

Florida's stand-your-ground law is similar to the laws in other states, including Michigan, West Virginia, Oklahoma, South Carolina, Kansas, Mississippi, Wyoming, Wisconsin, Kentucky, and Tennessee. However, it is important to note that the specific laws and requirements may vary from state to state, so it is crucial to understand the local laws.

Michigan's power of attorney

In the state of Michigan, a power of attorney is a legal document that authorises someone to act and make decisions on your behalf in the event that you become incapacitated. This can include financial and business decisions, as well as medical decisions.

The financial power of attorney allows your chosen representative to handle financial matters such as pension payments, tax withholdings, and tax documents. They will be able to discuss your account and make relevant enquiries with organisations such as the Michigan Office of Retirement Services (ORS). Without this form, organisations are not permitted to release any financial or health information to anyone other than the account holder.

It is important to note that power of attorney forms vary by state, and Michigan does not have a standard form. The durable power of attorney form will remain in effect even if the principal becomes incapacitated, whereas the general power of attorney form will not. The principal is the person granting power of attorney, and the agent or attorney-in-fact is the person authorised to act on their behalf.

In addition to the financial power of attorney, there is also a healthcare power of attorney, known as a patient advocate designation in Michigan. This allows someone to make medical decisions on your behalf if you are unable to do so. This is typically part of an advance directive, which also includes a living will stating your desires regarding life-sustaining medical treatments. While an advance directive is not legally binding in Michigan, it provides valuable guidance to your loved ones and caregivers, ensuring your wishes are respected.

It is recommended to start conversations with your loved ones about these matters as early as possible, so that you can plan for your future care and financial management with a clear mind, and ensure your values are understood and upheld.

Florida's power of attorney

A power of attorney is a legal document that allows a person, known as the "principal", to delegate authority to another person, known as the "agent", to act on their behalf. In Florida, a power of attorney is primarily used for financial transactions, but it can also be used to allow the agent to make healthcare decisions for the principal.

There are several types of powers of attorney in Florida:

• General Power of Attorney: This gives the agent broad authority to perform financial transactions such as banking, buying or selling real estate, and dealing with the government, among other things.
• Limited or Special Power of Attorney: This is used when the principal wants to give the agent authority for a specific purpose and limited duration. For example, if the principal travels out of the country, they can designate an agent to complete a closing on a property. Once the purpose or duration ends, the authority terminates.
• Durable Power of Attorney: This allows the authority given to the agent to remain effective even after the principal's incapacity. A durable power of attorney can be made general or specific. To create a durable power of attorney, the document must state that "this durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in Chapter 709, Florida Statutes."
• Springing Power of Attorney: Florida removed the ability to create "springing powers" in 2011. Previously, this type of power of attorney would come into effect when the principal became incapacitated. The current law states that the power of attorney is effective immediately.

To create a power of attorney in Florida, the principal must have the capacity to understand what they are signing and the effects of the power of attorney. According to Section 709.2105, the power of attorney must be signed by the principal in the physical presence of two witnesses and acknowledged by a notary. The agent must be a natural person who is 18 years of age or older or a financial institution with trust powers and a place of business in Florida.

The agent has a fiduciary duty to act within the scope of the authority granted by the power of attorney and to act in good faith and in the best interest of the principal. The authority of the agent terminates when the principal revokes the power of attorney, a court determines the principal is incapacitated, the purpose of the power of attorney is completed, or the term of the power of attorney expires.

Michigan's Supreme Court

The Michigan Supreme Court's decisions are final unless the U.S. Supreme Court agrees to review an appeal. Notably, in the case of Michigan v. Long (1983), the United States Supreme Court reviewed and overruled the Michigan Supreme Court's decision. David Long was arrested for drug possession after police found marijuana in his car during a "protective search". Long argued that the evidence should be suppressed because the search was unconstitutional. The Michigan Supreme Court agreed, ruling that the search violated the Fourth Amendment. However, the U.S. Supreme Court disagreed, finding that Michigan had misapplied the Fourth Amendment and that the state court's decision rested primarily on its interpretation of federal law.

More recently, in November 2024, Democrats maintained control of Michigan's Supreme Court after a costly campaign season with reproductive rights as a central issue. The court races were nonpartisan, but Republicans had hoped to regain a majority after being in the minority in the state government for two years.

Frequently asked questions