LIDIA R. CRUZ AND CARLOS GALINDO, APPELLANTS,

v.

DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., APPELLEE

Citator

Cited By (17 total)

• Floyd v. State, 151 So. 3d 452 (Fla. 1st DCA 2014)
  …structions constituted fundamental error, we must consider “the effect of the erroneous instruction in the context of the other instructions given, the evidence adduced in the case, and the arguments and trial strategies of counsel.” Smith v. State, 76 So. 3d 379, 383 (Fla. 1st DCA 2011). As indicated above, the jury was instructed that if the use of deadly force is necessary to prevent imminent death or great bodily harm to oneself or others, then deadly force is justified without regard to any effort to re…
• Garrett v. State, 148 So. 3d 466 (Fla. 1st DCA 2014)
  …d in the court’s instruction to the jury, we must consider “the effect of the erroneous instruction in the context of the other instructions given, the evidence adduced in the case, and the arguments and trial strategies of counsel.” Smith v. State, 76 So. 3d 379, 383 (Fla. 1st DCA 2011). Where “the effect of that instruction is to negate the defendant’s only defense, it is fundamental error and highly prejudicial to the defendant.” Carter v. State, 469 So. 2d 194, 196 (Fla. 2d DCA 1985). [*470] A. “[S]elf-…
• Sims v. State, 140 So. 3d 1000 (Fla. 1st DCA 2014)
  …an erroneous instruction under the fundamental error analysis, the court reviews the instruction in the context of the other instructions given, the evidence adduced in the case, and the arguments and trial strategies of counsel. See Smith v. State, 76 So. 3d 379, 383 (Fla. 1st DCA 2011). In support of his claim of fundamental error, Appellant relies primarily on Talley v. State, 106 So. 3d 1015 (Fla. 2d DCA 2013). In that case, the court held that the portion of the standard jury instruction emphasized abo…

Authorities Cited

• Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)