Florida Standard Jury Instructions

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

• Willoughby Turner COX v. State
  618 So. 2d 291· Fla. 2d DCA· 1993-04-14 ·cited 10×
  The court held that the trial court erred in refusing to instruct the jury on simple DUI as a necessarily lesser included offense of DUI/serious bodily injury, and this error was not subject to harmless error analysis.
• Watkins v. State
  519 So. 2d 760· Fla. 1st DCA· 1988-02-10 ·cited 10×
  Thomas Watkins appealed his conviction for robbery with a firearm, arguing the trial court erred in denying his oral request for a jury instruction on voluntary intoxication. The Florida appellate court affirmed, holding that the instruction request should have been submitted in
• State v. Davis
  110 So. 3d 27· Fla. 2d DCA· 2013-02-27 ·cited 9×
  The State of Florida appealed a circuit court's grant of a defendant's motion for judgment of acquittal notwithstanding the verdict in a boating under the influence (BUI) case. The central issue was whether the State was required to prove that the boat was subject to a license ta
• Zacariah Dorsett v. State
  147 So. 3d 532· Fla. 4th DCA· 2013-01-30 ·cited 9×
  The court held that the trial court erred in failing to give requested special jury instructions regarding the defendant's actual knowledge of the accident, requiring reversal and remand for a new trial.
• Darrel Cummings v. State
  648 So. 2d 166· Fla. 4th DCA· 1994-11-16 ·cited 8×
  The court held that the trial court's erroneous and misleading jury instruction on excusable homicide constituted harmful error requiring reversal of the conviction.
• Davis v. State
  373 So. 2d 382· Fla. 4th DCA· 1979-07-18 ·cited 8×
  Jessie Davis was convicted of burglary and appealed, challenging the trial court's jury instructions that deviated from the Florida Standard Jury Instructions. The court affirmed the conviction, holding that the instructions were clear and adequate, while cautioning trial courts
• Lucius Bonner McLEOD, Jr. v. Young
  257 So. 2d 605· Fla. 4th DCA· 1972-01-14 ·cited 8×
  In this wrongful death case, appellants challenged a jury verdict awarding damages to the decedent's estate, arguing that the jury improperly considered the decedent's pain and suffering and that the verdict was excessive. The Fourth District Court of Appeal affirmed, holding tha
• Jayne McELHANEY, R.N. v. Uebrich
  699 So. 2d 1033· Fla. 4th DCA· 1997-10-01 ·cited 6×
  In a medical malpractice case, a jury found a nurse and hospital negligent for administering an excessive medication dose to an injured wife, while absolving the treating physician. The appellants challenged the judgment on closing argument errors and damages calculation grounds.
• Meyer v. State
  501 So. 2d 8· Fla. 4th DCA· 1986-11-05 ·cited 6×
  The court held that the trial court erred in failing to instruct the jury on the lesser included offense of improper exhibition of a firearm. The court also vacated the sentence on a remaining count due to guideline departure without written reasons.
• Howard Bros. & Integrity Ins. Co. v. Sotuyo
  472 So. 2d 1264· Fla. 1st DCA· 1985-07-03 ·cited 6×
  The court held that the trial court did not err in allowing the supervisor's testimony or in giving standard jury instructions on duty of care and vicarious liability.
• Heyward Thompson v. State
  378 So. 2d 859· Fla. 1st DCA· 1979-12-20 ·cited 6×
  The state must prove a short-barreled shotgun is not an antique firearm as an element of the crime of possession, not merely that it is a defense.
• Berry v. State
  345 So. 2d 828· Fla. 4th DCA· 1977-04-29 ·cited 6×
  The court held that failing to instruct the jury that intent to defraud is an indispensable element of obtaining property for a worthless check constitutes fundamental error.
• Leverette v. State
  295 So. 2d 372· Fla. 1st DCA· 1974-06-06 ·cited 6×
  The appellate court held that while trial judges should generally use standard jury instructions, failure to do so is not automatically reversible error if the given instructions are adequate and not erroneous.
• Green v. State
  546 So. 2d 126· Fla. 3d DCA· 1989-07-18 ·cited 5×
  The court held that the defendant's due process rights were not violated by jury instructions or prosecutor's arguments.
• In re AMENDMENTS TO FLA. RULE OF APP. PROCEDURE 9.800.
  257 So. 3d 91· Fla.· 2018-10-25 ·cited 4×
  The Florida Supreme Court adopted amendments to Florida Rule of Appellate Procedure 9.800, which governs the uniform citation system for legal documents in Florida. The Court accepted many of the Florida Bar's Appellate Court Rules Committee proposals but revised several provisio
• Morris Lee Sales v. State
  621 So. 2d 487· Fla. 3d DCA· 1993-06-22 ·cited 4×
  Morris Lee Sales was convicted of second-degree murder and unlawful firearm possession after shooting and killing Clifton Carter in what he claimed was self-defense. The Florida appellate court reversed his convictions because the trial judge failed to instruct the jury on excusa
• WAY v. State
  458 So. 2d 881· Fla. 5th DCA· 1984-11-15 ·cited 4×
  Douglas Way appeals his cocaine trafficking conviction, arguing the trial court erred by failing to instruct the jury that the state must prove he knew the amount of cocaine possessed was 28 grams or more. The Fifth District affirms the conviction but certifies the knowledge-of-w
• Hudak v. State
  457 So. 2d 594· Fla. 4th DCA· 1984-10-17 ·cited 4×
  The court held that the trial court committed reversible error by refusing to give requested jury instructions on self-defense and character evidence, and by excluding evidence of the victim's propensity for violence.
• Tosh v. State
  424 So. 2d 97· Fla. 1st DCA· 1982-12-16 ·cited 4×
  The court held that the expert testimony regarding the purpose of plea agreements was admissible because the defense attorney opened the door by attacking the State's motives for entering into those agreements. The court also held that conspiracy to possess cannabis was not a les
• In re Amendments to Fla. Fam. Law Rules of Procedure
  389 So. 3d 1282· Fla.· 2024-06-27 ·cited 2×
  The Florida Supreme Court approved amendments to five Florida Family Law Rules of Procedure, recommended unanimously by The Florida Bar's Board of Governors. The amendments address conditional sealing of financial information, jury instructions references, deadlines for motions t
• Reggie Eugene Allen v. State
  298 So. 3d 704· Fla. 1st DCA· 2020-06-29 ·cited 2×
  Reggie Eugene Allen appeals his convictions for sexual battery and related offenses, challenging the trial court's refusal to instruct the jury on sexual battery as a necessarily lesser included offense to capital sexual battery. The appellate court affirms, holding that sexual b
• Briscoe v. Celebrity Cruises, Inc.
  894 So. 2d 294· Fla. 3d DCA· 2005-02-23 ·cited 2×
  Mary Jane Briscoe appeals a jury verdict in her slip-and-fall case against Celebrity Cruises, arguing that the trial court committed two errors: excluding her injury report and giving an incorrect negligence jury instruction. The Third District reversed and remanded for a new tri
• Tillman v. State
  643 So. 2d 1190· Fla. 3d DCA· 1994-10-19 ·cited 2×
  Florida appellate court affirmed defendant's conviction, holding that police obtained voluntary consent for the home search and that standard jury instructions adequately addressed witness credibility concerns.
• Thomas v. State
  525 So. 2d 945· Fla. 4th DCA· 1988-05-11 ·cited 2×
• Miller v. State
  509 So. 2d 1387· Fla. 4th DCA· 1987-07-29 ·cited 2×
  The court held that the trial court erred in failing to instruct the jury on the necessarily lesser included offense of driving while intoxicated.
• Marrow v. State
  483 So. 2d 17· Fla. 2d DCA· 1985-11-27 ·cited 2×
  The court reversed Marrow's conviction for marijuana trafficking conspiracy and remanded for a new trial because prosecutors failed to disclose a plea agreement and promised leniency to their key witness Reichert, which was material impeachment evidence under Brady v. Maryland an
• Burcham v. State
  338 So. 2d 1138· Fla. 2d DCA· 1976-11-05 ·cited 2×
  In this appeal from a first-degree murder conviction, the court addressed whether the trial judge's failure to read specific standard jury instructions on premeditated design constituted fundamental error. The court held that the omission of these instructions did not require rev
• Elpido A. Ayala v. State
  879 So. 2d 1· Fla. 2d DCA· 2004-04-30 ·cited 1×
  Ayala petitioned for relief based on ineffective assistance of appellate counsel, claiming his appellate counsel should have challenged jury instructions that allegedly merged voluntary and involuntary manslaughter instructions. The court denied the petition, finding that under R
• Hadley v. State
  846 So. 2d 1236· Fla. 1st DCA· 2003-06-09 ·cited 1×
  The court held that the trial court reversibly erred by refusing to give requested jury instructions on constructive possession and resisting an illegal arrest.
• Harvey v. State
  448 So. 2d 578· Fla. 5th DCA· 1984-04-12 ·cited 1×
  The court held that the trial court erred by repeating a misleading jury instruction, which, combined with prosecutorial misstatements and jury confusion, constituted fundamental error requiring reversal.
• Dumay v. State
  Fla. 3d DCA· 2025-10-08
  A trial court's failure to instruct the jury on justifiable and excusable attempted homicide does not constitute fundamental error when the defendant raises no such defense and the trial evidence does not support it.
• Trevis Presha v. State
  Fla. 3d DCA· 2025-01-15
  Trevis Presha was convicted of felon in possession of a firearm after a non-bifurcated trial where the defense stipulated to his felon status. The appellate court reversed and remanded for acquittal because the trial court failed to conduct a proper colloquy with Presha regarding
• Tomanetz v. Sec'y, Dep't of Corr. (Hernando County)
  M.D. Fla.· 2025-01-03
  The court held that the petitioner failed to show that the state court's denial of his claims was contrary to or involved an unreasonable application of federal law, or was based on an unreasonable factual determination.
• Thomas v. State
  Fla. 3d DCA· 2023-08-16
• Thomas v. State
  Fla. 3d DCA· 2023-08-16
  While trial judges must primarily rely on Florida's Standard Jury Instructions, they may use properly-crafted hypotheticals to explain the law, provided care is taken to ensure the magnitude of judicial position does not improperly influence jurors' interpretation of such explana
• Reggie Eugene Allen v. State
  Fla.· 2021-09-23
  The Florida Supreme Court answered a certified question regarding whether sexual battery under § 794.011(5) is a necessarily lesser included offense of capital sexual battery under § 794.011(2)(a). The Court held that it is not, because sexual battery requires a victim age twelve
• Guzman v. Sec'y, Dep't of Corr.
  S.D. Fla.· 2020-09-04
  The court held that the magistrate judge's recommendation to grant the petition on one claim was incorrect, and that the petitioner's claims of ineffective assistance of counsel failed under Strickland v. Washington.
• Campbell v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-06-30
  Roderick Campbell challenged his 2008 Florida convictions for firearm offenses through federal habeas corpus, arguing ineffective assistance of counsel and other constitutional violations. The federal court denied the petition, finding most claims procedurally barred or defaulted
• Campbell v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-06-01
  Roderick W. Campbell challenged his state convictions for carrying a concealed firearm and possessing a firearm as a convicted felon, each carrying sentences of thirty years and five years respectively, by petitioning for federal habeas corpus relief under 28 U.S.C. § 2254. The D
• Hegele v. State
  Fla. 4th DCA· 2019-06-26
  A trial court does not abuse its discretion in providing a special jury instruction that on-duty police officers must drive with due regard for the safety of all persons, particularly when the defense suggests the defendant's high-speed driving was justified by his law enforcemen
• K.D.T. v. State
  128 So. 3d 254· Fla. 2d DCA· 2013-12-13
  The court held that mere possession of a firearm with a removed serial number is insufficient to prove the knowledge element required by statute, but affirmed delinquency for minor in possession of a firearm.
• Russo v. State
  786 So. 2d 674· Fla. 4th DCA· 2001-06-13
• Johnson v. Singletary
  883 F. Supp. 1535· M.D. Fla.· 1995-04-26
  The court held that the petitioner's claims regarding sufficiency of evidence for multiple attempted murder counts and sentencing errors were either procedurally defaulted, without merit, or not cognizable in federal habeas corpus review.
• Hamilton v. State
  645 So. 2d 555· Fla. 2d DCA· 1994-11-16
  Shane Hamilton was convicted of burglary of a dwelling and second-degree felony murder after he and an accomplice attempted to steal motors from a boat in the homeowner's backyard. The court reversed both convictions, finding the trial court committed reversible error by giving a
• Williams v. Dugger
  827 F. Supp. 1568· S.D. Fla.· 1993-07-15
  The court held that a judge's brief, cordial remark to a victim witness does not violate due process, and that convictions for robbery, assault, and burglary arising from a single incident do not violate the Double Jeopardy Clause if the legislature intended separate punishments
• Franklin v. State
  531 So. 2d 179· Fla. 2d DCA· 1988-07-20
  The court held that convicting a defendant for both possession and delivery of the same cocaine violates double jeopardy principles.
• Peak v. State
  443 So. 2d 359· Fla. 1st DCA· 1983-12-29
  James Richard Peak and Ewell Anthony Peak were convicted of manufacturing marijuana, but the appellate court reversed because the trial court erroneously refused to instruct the jury on the lesser included offense of attempted manufacturing. The court held that attempted manufact
• Milton v. State
  438 So. 2d 935· Fla. 3d DCA· 1983-10-04
  The court held that a trial court is not obligated to sua sponte instruct the jury on the limited purpose of similar crime evidence at the time of admission, absent a defense request.
• Rabin v. State
  356 So. 2d 39· Fla. 3d DCA· 1978-03-07
  Louis Rabin appealed his conviction for grand larceny and attempted grand larceny, challenging jury instructions given at trial. The Florida District Court of Appeal affirmed the conviction, holding that the standard jury instructions properly covered the elements of the charges
• Bruton v. State
  347 So. 2d 123· Fla. 4th DCA· 1977-05-27