June 3, 1998
Kathleen Weiand vs State of Florida
Case Number(s):
91925
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Summary:

On January 3, 1994, Kathleen Weiand and her husband Todd began a violent argument. He beat her repeatedly, and she fended him off repeatedly with a knife. Finally, he attacked her with a metal rod, and she began backing into a room where Todd kept a handgun. When she brandished the gun, he ran into a room where he kept rifles. She fired two shots inside the closed door. Hearing nothing, she opened the door and found him shot in the head. He later died. At trial for murder, Kathleen argued she acted in self defense, but the trial judge refused to give the "castle doctrine" instruction (telling the jury that people have no duty to retreat from violence inside their own homes) because it was Todd's home, too. The Second District Court affirmed but certified a question to the Supreme Court. It asks whether the "castle doctrine" should apply in cases of domestic violence where both parties live together.