Florida Standard Jury Instructions

100 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Thomas v. State
  748 So. 2d 970· Fla.· 1999-09-30 ·cited 224×
  Robert Thomas was convicted of first-degree murder and sentenced to death, but the Florida Supreme Court reversed his conviction and remanded for a new trial based on coercive jury instructions and extreme deliberation conditions. The court found that the trial judge's repeated i
• Borges v. State
  415 So. 2d 1265· Fla.· 1982-04-08 ·cited 224×
  Roy Borges was convicted of four separate offenses arising from a single criminal transaction and received consecutive sentences. The Florida Supreme Court held that Florida Statute 775.021(4) abrogated the single transaction rule, permitting multiple convictions and separate sen
• Linehan v. State
  476 So. 2d 1262· Fla.· 1985-08-29 ·cited 163×
  Voluntary intoxication is not a defense to arson, a general intent crime, and therefore does not apply to first-degree felony murder when arson is the underlying felony. Second-degree murder is a necessarily lesser included offense of first-degree felony murder, and failure to in
• STANDARD JURY INSTRUCTIONS-CRIMINAL CASES NO. 92-1
  603 So. 2d 1175· Fla.· 1992-07-02 ·cited 131×
  The Florida Supreme Court approved recommended amendments to the Florida Standard Jury Instructions in Criminal Cases submitted by the Committee on Standard Jury Instructions. The opinion addresses modifications to excusable homicide instructions and approves numerous other amend
• Nelson v. State
  748 So. 2d 237· Fla.· 1999-05-27 ·cited 129×
  Joshua D. Nelson was convicted of first-degree murder and robbery for his role in the brutal killing of Tommy Owens, a murder he committed with his codefendant Keith Brennan to steal Owens' car. The Florida Supreme Court affirmed Nelson's convictions and death sentence, finding t
• Dale v. State
  703 So. 2d 1045· Fla.· 1997-10-23 ·cited 124×
  Curtis Dale was convicted of armed robbery with a deadly weapon after threatening a clerk with a BB gun. The Florida Supreme Court held that whether a BB gun constitutes a deadly weapon is a jury question, not a matter of law, and affirmed Dale's conviction despite the gun being
• STANDARD JURY INSTRUCTIONS IN CRIM. CASES (97-1)
  697 So. 2d 84· Fla.· 1997-07-10 ·cited 124×
  The Florida Supreme Court adopted recommended amendments to the Florida Standard Jury Instructions in Criminal Cases, updating instructions for various offenses including trafficking, murder, sexual crimes, and new offenses like carjacking and home invasion robbery.
• Engle v. State
  438 So. 2d 803· Fla.· 1983-09-15 ·cited 124×
  Gregory Scott Engle was convicted of first-degree murder and sentenced to death despite a jury recommendation of life imprisonment. The Florida Supreme Court upheld the conviction but vacated the sentence due to the trial judge's improper consideration of a co-defendant's confess
• State v. Hamilton
  660 So. 2d 1038· Fla.· 1995-09-14 ·cited 117×
  The Florida Supreme Court held that Florida's burglary statute requires that curtilage—the grounds surrounding a dwelling or structure—be enclosed to some degree in order to fall within the scope of burglary protection. The Court answered a certified question of great public impo
• Knight v. State
  721 So. 2d 287· Fla.· 1998-11-12 ·cited 113×
  Thomas Knight appeals his death sentences imposed on resentencing for the 1974 murders of Sydney and Lillian Gans, following a federal court's remand under Hitchcock v. Dugger. The Florida Supreme Court affirmed the death sentences, finding sufficient evidence of aggravating fact
• Wheeler v. State
  344 So. 2d 244· Fla.· 1977-03-24 ·cited 107×
  The court held that the trial judge erred by not instructing the jury on the consequences of a verdict of not guilty by reason of insanity, as required by the Lyles rule.
• In re Standard Jury Instructions in Criminal Cases
  543 So. 2d 1205· Fla.· 1989-03-30 ·cited 88×
  The Florida Supreme Court approved proposed amendments to the Standard Jury Instructions in Criminal Cases submitted by the Supreme Court Committee on Standard Jury Instructions (Criminal). The amendments reflect recent legislative changes in Florida criminal law, including revis
• Steele v. State
  561 So. 2d 638· Fla. 1st DCA· 1990-05-07 ·cited 67×
  Michael Steele was convicted of possession of drug paraphernalia after police stopped his vehicle based on a tip and observations suggesting drug activity. The Florida Court of Appeal affirmed the denial of Steele's motion to suppress evidence but reversed and remanded for a new
• Bello v. State
  547 So. 2d 914· Fla.· 1989-07-06 ·cited 64×
  Carlos Bello, a death-row inmate, appealed his convictions for first-degree murder of Detective Rauft, attempted murder of Detective Ulriksen, and drug-related offenses. The Florida Supreme Court affirmed all convictions but vacated the death sentence and all other sentences, rem
• Cruse v. State
  588 So. 2d 983· Fla.· 1991-10-24 ·cited 61×
  William Bryan Cruse Jr. was convicted of six counts of first-degree murder and numerous other offenses stemming from a mass shooting rampage in April 1987 that killed six people and injured ten others. He appeals his convictions and two death sentences, raising claims regarding B
• STANDARD JURY INSTRUCTIONS IN CRIM. CASES (93-1)
  636 So. 2d 502· Fla.· 1994-05-05 ·cited 48×
  The Florida Supreme Court approved recommended amendments to the Standard Jury Instructions in Criminal Cases, including modifications to insanity proceedings, a new instruction on psychotropic medication, and new integrated instructions on attempted murder and manslaughter offen
• Kama v. State
  507 So. 2d 154· Fla. 1st DCA· 1987-05-08 ·cited 48×
  Appellant Kama was convicted of aggravated child abuse for beating his ten-year-old stepson. He appealed, arguing the trial court erred by refusing to instruct the jury on lesser included offenses of simple battery and misdemeanor child abuse. The appellate court affirmed, holdin
• Bonifay v. State
  626 So. 2d 1310· Fla.· 1993-09-02 ·cited 47×
  James Patrick Bonifay was convicted of first-degree murder for a contract killing and sentenced to death. The Florida Supreme Court affirmed his conviction but vacated the death sentence and remanded for resentencing because the trial court improperly found the heinous, atrocious
• Smith v. L. Christian Mogelvang, M.D.
  432 So. 2d 119· Fla. 2d DCA· 1983-04-27 ·cited 44×
  In this medical malpractice case, the Smiths appealed a jury verdict for Dr. Mogelvang, challenging the trial court's refusal to give jury instructions on allegedly unpleaded issues of negligence during surgery. The court affirmed, holding that the trial court did not abuse its d
• Green v. State
  475 So. 2d 235· Fla.· 1985-08-30 ·cited 42×
  Josh Green was convicted of second-degree murder after being charged with first-degree premeditated murder. The Florida Supreme Court held that while third-degree felony murder can be a permissive lesser included offense of first-degree premeditated murder under certain circumsta
• Mobley v. State
  327 So. 2d 900· Fla. 3d DCA· 1976-02-17 ·cited 36×
  The court held that the trial court did not err in denying motions to exclude a witness and for a continuance, nor in refusing a jury instruction for trespass as a lesser included offense.
• STANDARD JURY INSTRUCTIONS IN CRIM. CASES-SUBMISSION 2002-1
  850 So. 2d 1272· Fla.· 2003-07-03 ·cited 35×
  The Florida Supreme Court approved amendments to the Standard Jury Instructions in Criminal Cases, including revisions to RICO, burglary, theft, and sexual battery instructions, as well as new instructions for battery on correctional facility employees and case submission procedu
• Thomas v. State
  838 So. 2d 535· Fla.· 2003-01-30 ·cited 34×
  William Gregory Thomas appeals a circuit court order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, raising ineffective assistance of counsel claims arising from his conviction for murdering his wife. The Florida Supreme Court affirms
• CSX Transp., Inc. v. Whittler
  584 So. 2d 579· Fla. 4th DCA· 1991-07-17 ·cited 32×
  CSX Transportation and the City of West Palm Beach appealed a jury verdict awarding damages to Jerry Whittier for injuries sustained when he was struck by a city van while working at a garage. The court affirmed, holding that the city's negligent placement of a dumpster on the pu
• Claxton Council Davis v. McALLISTER
  631 F.2d 1256· 5th Cir.· 1980-12-05 ·cited 32×
  The court held that the evidence presented at trial was sufficient to support the petitioner's forgery conviction, reversing the district court's grant of habeas corpus.
• Marley v. Thadius James Saunders & Dade Cnty.
  249 So. 2d 30· Fla.· 1971-05-19 ·cited 30×
  Agnes Marley appealed a trial court's order granting a new trial on the issue of liability in a negligence case against a bus driver and Dade County. The District Court of Appeal dismissed her appeal as non-appealable, but the Florida Supreme Court held that an appeal from an ord
• Autrey v. Anne M. Carroll
  240 So. 2d 474· Fla.· 1970-10-07 ·cited 30×
  The Supreme Court reviewed a District Court of Appeal decision that allegedly conflicted with a prior Supreme Court ruling on the admissibility of expert testimony concerning the cause of a fatal car accident.
• Mercer v. State
  656 So. 2d 555· Fla. 1st DCA· 1995-06-12 ·cited 28×
  The court held that the jury instructions and prosecutor's comments, which omitted the essential elements of intent and knowledge, constituted fundamental error requiring reversal.
• Miller v. State
  573 So. 2d 337· Fla.· 1991-01-18 ·cited 28×
  The court held that the trial court's failure to instruct the jury that justifiable and excusable homicide are defenses to manslaughter constitutes fundamental error.
• Cooper v. State
  742 So. 2d 855· Fla. 1st DCA· 1999-09-28 ·cited 24×
  David Cooper appeals his convictions for attempted purchase of cocaine and resisting an officer without violence. The appellate court reverses the resisting conviction, holding that knowledge that the person being resisted is a police officer is an essential element of the crime
• Duckett v. State
  686 So. 2d 662· Fla. 2d DCA· 1996-12-11 ·cited 22×
  The court held that the defendant's convictions for second-degree murder must be reduced to manslaughter because the state failed to prove the "depraved mind" element, but affirmed other convictions and sentences.
• Marr v. State
  470 So. 2d 703· Fla. 1st DCA· 1985-01-29 ·cited 22×
  Paul Allen Marr appeals his sexual battery conviction, challenging the constitutionality of Florida's rape shield statute as applied to exclude evidence of the victim's prior sexual conduct relevant to bias, and contesting the trial court's denial of a requested jury instruction
• Travers v. State
  578 So. 2d 793· Fla. 1st DCA· 1991-04-18 ·cited 20×
  Robert Travers appeals his conviction for sexual battery and lewd and lascivious assault on a child under twelve, raising multiple trial errors including denial of a motion for acquittal, prosecutorial misconduct, trial court interference, and improper jury instructions. The appe
• Higdon v. State
  465 So. 2d 1309· Fla. 5th DCA· 1985-03-14 ·cited 20×
  Vehicular homicide is a valid lesser included offense of DWI manslaughter based on the Florida Supreme Court's schedule of lesser included offenses, and the trial court properly instructed the jury on this lesser offense despite the apparent statutory incongruity between the two
• Rickie Lee Henry v. State
  445 So. 2d 707· Fla. 4th DCA· 1984-02-29 ·cited 20×
  Rickie Lee Henry was convicted of armed robbery and sentenced to 15 years. He appealed, arguing the trial court erred by refusing to instruct the jury on attempted robbery. The appellate court affirmed, holding that Florida Rule of Criminal Procedure 3.510 prohibits attempted off
• State v. EBY
  342 So. 2d 1087· Fla. 2d DCA· 1977-03-04 ·cited 19×
  The State appeals from a grant of post-conviction relief under Florida Rule of Criminal Procedure 3.850 based on alleged inadequate representation by trial counsel who failed to present evidence supporting a heat of passion defense. The appellate court reverses, holding that coun
• von Deck v. State
  593 So. 2d 1129· Fla. 5th DCA· 1992-02-07 ·cited 17×
  The court held that the trial court erred in instructing the jury on aggravated assault because the charging document did not allege all the elements of that offense.
• Enich v. State
  838 So. 2d 1216· Fla. 3d DCA· 2003-03-05 ·cited 16×
  The appellate court held that the trial court did not err in denying the motion to suppress because the totality of the circumstances provided the officer with reasonable suspicion to conduct a pat-down search.
• Gentry v. State
  422 So. 2d 1072· Fla. 2d DCA· 1982-12-03 ·cited 16×
  The court held that the intent required to attempt a crime is no greater than the intent necessary to commit the crime itself, meaning voluntary intoxication can be a defense to attempted second-degree murder.
• Cabe v. State
  408 So. 2d 694· Fla. 1st DCA· 1982-01-11 ·cited 15×
  Steven Cabe was convicted of false imprisonment after being charged with kidnapping. The appellate court affirmed most of his convictions but reversed and remanded for a new trial because the trial court erroneously refused to instruct the jury on attempted false imprisonment as
• Jackson v. Harsco Corp.
  364 So. 2d 808· Fla. 3d DCA· 1978-11-14 ·cited 15×
  A regulation promulgated under Florida's workmen's compensation statute applies only to employer-employee relationships and cannot impose negligence per se liability on a vendor or lessor of scaffolding who is not an employer.
• Higgins v. State
  565 So. 2d 698· Fla.· 1990-07-12 ·cited 14×
  The Florida Supreme Court held that second-degree arson is not a necessarily included offense of first-degree arson, though it may be a permissive lesser included offense under certain circumstances. The Court affirmed the defendant's first-degree arson conviction where the trial
• State v. Rejrat
  540 So. 2d 911· Fla. 2d DCA· 1989-03-29 ·cited 14×
  The Florida Department of Transportation petitioned for a writ of certiorari to quash a trial court order permitting post-trial juror interviews in a personal injury case. The appellate court held that juror interviews are unavailable to challenge matters intrinsic to the verdict
• Capone v. Winn-Dixie Stores, Inc.
  233 So. 2d 175· Fla. 2d DCA· 1970-03-20 ·cited 14×
  An elderly widow fell on a piece of bologna in a supermarket, suffered a fractured hip requiring surgery, and subsequently experienced mental deterioration leading to her death. The jury awarded $2,500 in damages, but the appellate court reversed and remanded for a new trial due
• Marston v. State
  136 So. 3d 563· Fla.· 2014-03-27 ·cited 13×
  The Florida Supreme Court held that a prosecutor's extensive voir dire comments about a defendant's constitutional right to remain silent violated the Fifth and Fourteenth Amendments, and that such comments were not harmless beyond a reasonable doubt, requiring reversal of the co
• Billie v. State
  963 So. 2d 837· Fla. 3d DCA· 2007-08-08 ·cited 13×
  Kirk Douglas Billie appeals his second-degree murder conviction for drowning his two sons by sinking a stolen vehicle into a canal. The central issue was whether the trial court properly refused to modify the standard jury instruction to explicitly require proof that Billie knew
• Wilcoxson v. State
  577 So. 2d 1388· Fla. 1st DCA· 1991-04-22 ·cited 12×
  Appellant was convicted of manslaughter with a firearm after shooting a man who approached him with a sharpened wire while intoxicated. The appellate court affirmed the conviction but remanded for resentencing because the trial court's sentencing scoresheet was incorrectly calcul
• State v. Brady Austin, Jr.
  532 So. 2d 19· Fla. 5th DCA· 1988-09-01 ·cited 12×
  The State appeals a trial court's grant of post-conviction relief to Brady Austin based on State v. Dominguez, which required jury instructions on the defendant's knowledge that a substance was cocaine in trafficking cases. The appellate court reverses, holding that Dominguez doe
• Thompson v. State
  487 So. 2d 311· Fla. 5th DCA· 1986-02-20 ·cited 12×
  A trial court must instruct the jury on necessarily lesser included offenses when requested by defense counsel, regardless of the trial court's determination that no evidence supports a conviction on the lesser offense.
• Farish v. Bankers Multiple Line Ins. Co. & First Marine Bank & Tr. Co. of the Palm Beaches
  425 So. 2d 12· Fla. 4th DCA· 1982-09-22 ·cited 12×
  In this tortious interference with contract case, the Farish law firm obtained a jury verdict of $50,000 compensatory and $2,000,000 punitive damages against Bankers Multiple Line Insurance Company for interfering with its representation of a wrongful death client. The trial cour