JOSHUA CHARLES CARVER
v.
STATE OF FLORIDA
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A trial court's decision stands where precedent establishes the applicable law regarding jury instructions in homicide prosecutions.
[1] In a homicide prosecution, a jury is not permitted to consider non-homicide lesser-included offenses, even if such offenses are necessarily established by proof of the mu…
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Join FLexlaw to unlock all legal intelligence“For example, in a homicide prosecution, the jury is not permitted to consider any non-homicide lesser-included offenses (e.g., aggravated battery) even if such lesser-included offenses are subsumed within and necessarily established by proof of the murder charge, unless there is some disputed issue of fact (and some evidence to support a theory) regarding an intervening cause of death.”
The court cited Gordon v. State in explaining the applicable legal standard for jury instructions in homicide cases.
Joshua Charles Carver appealed a judgment entered by the Circuit Court for Flagler County following a criminal trial.…
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PER CURIAM.
AFFIRMED. See Suarez Albo v. State, 300 So. 3d 1243 (Fla. 3d DCA 2020); see also Gordon v. State, 219 So. 3d 189, 197 n.8 (Fla. 3d DCA 2017) (“For example, in a homicide prosecution, the jury is not permitted to consider any non-homicide lesser-included offenses (e.g., aggravated battery) even if such lesser-included offenses are subsumed within and necessarily established by proof of the murder charge, unless there is some disputed issue of fact (and some evidence to support a theory) regarding an intervening cause of death.”); State v. Barritt, 531 So. 2d 338, 339 (Fla. 1988); Martin v. State, 342 So. 2d 501, 503 (Fla. 1977) superseded on other grounds by Florida Rule of Criminal Procedure 3.490; Humphrey v. State, 690 So. 2d 1351 (Fla. 3d DCA 1997).
LAMBERT, C.J., EDWARDS and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Martin v. State, 342 So. 2d 501 (Fla. 1977)
- State v. Barritt, 531 So. 2d 338 (Fla. 1988)
- Gordon v. State, 219 So. 3d 189 (Fla. 3d DCA 2017)
- Humphrey v. State, 690 So. 2d 1351 (Fla. 3d DCA 1997)
- Orlier Suarez Albo v. State, 300 So. 3d 1243 (Fla. 3d DCA 2020)