Involuntary Manslaughter

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

• Gov't of the Virgin Islands v. Smith
  278 F.2d 169· 3d Cir.· 1960-05-06 ·cited 11×
  The court held that the trial judge applied an erroneous legal standard regarding the defendant's burden of proof for an epileptic seizure defense, requiring reversal and a new trial.
• Rodriguez v. State
  443 So. 2d 286· Fla. 3d DCA· 1983-12-22 ·cited 10×
  Rodriguez was charged with attempted first-degree murder but convicted of attempted second-degree murder. He appealed, contending the trial court erred in refusing to instruct the jury on attempted manslaughter, a lesser-included offense. The Florida appellate court reversed, hol
• United States v. ELK
  682 F.2d 168· 8th Cir.· 1982-06-30 ·cited 10×
• United States v. Mayes
  670 F.2d 126· 9th Cir.· 1982-02-24 ·cited 10×
  The court held that exigent circumstances justified the warrantless search of the apartment and that the disclosure of grand jury materials to an expert witness was permissible.
• United States v. Florine Joyce Opsta
  659 F.2d 848· 8th Cir.· 1981-09-15 ·cited 10×
  An indictment for involuntary manslaughter under 18 U.S.C. § 1112 is fatally defective if it fails to allege the essential elements of gross negligence and actual knowledge of danger, as required by circuit precedent, and this defect cannot be cured by evidence presented at trial
• United States v. DeCOTEAU
  516 F.2d 16· 8th Cir.· 1975-05-14 ·cited 10×
  The court held that the jury instructions adequately conveyed the concept of proximate cause and that neither collateral estoppel nor double jeopardy barred the prosecution.
• Hatchett v. Gov't of Guam
  212 F.2d 767· 9th Cir.· 1954-03-30 ·cited 10×
  The court held that the defendant was not entitled to a jury trial for the offenses charged in Guam, but reversed the conviction for involuntary manslaughter due to prosecution by information instead of indictment.
• United States v. Shield
  697 F.2d 845· 8th Cir.· 1983-01-21 ·cited 9×
  The court held that it was not error to instruct the jury on involuntary manslaughter as a lesser included offense, even when self-defense was raised, because the defendant's actions could be construed as criminally negligent.
• United States v. Ramey
  711 F.2d 104· 8th Cir.· 1983-07-07 ·cited 8×
  The court held that the district court did not clearly err in finding that the defendant voluntarily consented to the taking of his blood sample.
• United States v. Archambault
  670 F.2d 800· 8th Cir.· 1982-02-18 ·cited 8×
  The court held that there was sufficient evidence to convict the defendant of involuntary manslaughter and that the admission of certain evidence was within the trial court's discretion.
• United States v. James M. Millen, M.D.
  594 F.2d 1085· 6th Cir.· 1979-02-27 ·cited 8×
  The court affirmed convictions for unlawful distribution of Demerol due to overwhelming evidence but vacated the involuntary manslaughter conviction due to prejudicial prosecutorial misconduct.
• United States v. Watts
  513 F.2d 5· 10th Cir.· 1975-03-17 ·cited 8×
  The court held that while the failure to provide written notice to the parents of the juvenile's right to counsel was a constitutional error, it was harmless beyond a reasonable doubt given the circumstances.
• Pethtel v. State
  177 So. 3d 631· Fla. 2d DCA· 2015-09-09 ·cited 6×
  Tracy Pethtel was convicted of aggravated manslaughter of a child following a jury verdict finding him guilty of manslaughter (without specifying the type) and making special findings that the victim was under 18 and Pethtel was the caregiver. The court reversed, holding that the
• United States v. Loera
  923 F.2d 725· 9th Cir.· 1991-01-16 ·cited 6×
  The court held that there was sufficient evidence to convict the defendant of assault resulting in serious bodily injury, and that evidence of his prior convictions was properly admitted.
• United States v. R.L.C.
  915 F.2d 320· 8th Cir.· 1990-09-12 ·cited 6×
  A juvenile's sentence under 18 U.S.C. § 5037(c)(1)(B) cannot exceed the maximum term of imprisonment that would be authorized if the juvenile had been tried and convicted as an adult under the sentencing guidelines.
• United States v. Bear
  836 F.2d 1086· 8th Cir.· 1987-12-31 ·cited 6×
  The court denied the petition for rehearing, finding that the government's arguments regarding remanding for judgment on lesser included assault charges or retrying defendants for assault were not ripe for appellate adjudication.
• United States v. Benally
  756 F.2d 773· 10th Cir.· 1985-03-05 ·cited 6×
  The court held that the trial court erred by summarily denying a motion to suppress statements without a voluntariness hearing and by giving an erroneous jury instruction regarding stipulated facts.
• United States v. Grady
  481 F.2d 1106· D.C. Cir.· 1973-06-29 ·cited 6×
  The court held that the trial court erred in failing to give an appropriate instruction on involuntary manslaughter, as the jury could have found the defendant's actions constituted a gross deviation from reasonable care without malice.
• United States v. Escamilla
  467 F.2d 341· 4th Cir.· 1972-08-17 ·cited 6×
  The court held that the district court erred in its jury instructions regarding the necessary elements of involuntary manslaughter and in unduly limiting the defendant's presentation of character witnesses.
• Simon v. United States
  424 F.2d 796· D.C. Cir.· 1970-01-02 ·cited 6×
  The court held that the trial court was not required to instruct the jury on involuntary manslaughter because the evidence did not warrant it. The court also found no prejudicial error in the prosecutor's remarks regarding a missing witness.
• Silvestrie C. Mafnas v. The Gov't OF Guam
  228 F.2d 283· 9th Cir.· 1955-12-19 ·cited 6×
  The court held that the appellant was entitled to an indictment and jury trial, and the retroactive application of the Saylor Act to deny these rights was an unconstitutional ex post facto law.
• Duncan v. State
  703 So. 2d 1069· Fla. 5th DCA· 1997-07-25 ·cited 4×
  Marcus Duncan appealed his second degree murder conviction, challenging a jury instruction that improperly merged voluntary and involuntary manslaughter instructions. The court affirmed the conviction as the instructional error was not fundamental without trial objection, but rem
• United States v. Farrell Begay
  833 F.2d 900· 10th Cir.· 1987-11-23 ·cited 4×
  The court held that an involuntary manslaughter instruction is permissible even when self-defense is raised, and that the prosecutor's questions about prior legal issues were not prejudicial enough to warrant a mistrial.
• Showery v. Samaniego
  814 F.2d 200· 5th Cir.· 1987-04-10 ·cited 4×
  The dissenting judge believes double jeopardy attaches to the bail revocation hearing, barring subsequent prosecution. Alternatively, collateral estoppel should bar the prosecution because the issue of fact was already decided.
• United States v. Smith
  776 F.2d 892· 10th Cir.· 1985-11-06 ·cited 4×
  The court held that the cumulative effect of the district court's erroneous evidentiary rulings denied the defendant a fair trial.
• Lannon v. Hogan
  719 F.2d 518· 1st Cir.· 1983-10-25 ·cited 4×
• United States v. Lame
  716 F.2d 515· 8th Cir.· 1983-08-31 ·cited 4×
  The court held that the indictment was valid, the defendant's statement to FBI agents was admissible, and evidence of his chronic alcoholism was irrelevant.
• United States v. Jackson
  712 F.2d 1283· 8th Cir.· 1983-08-02 ·cited 4×
  A confession obtained after an unreasonable delay in presentment before a magistrate is not per se inadmissible if voluntarily given, and the delay is only one factor in determining voluntariness.
• Davis v. AETNA Life Ins. Co.
  279 F.2d 304· 9th Cir.· 1960-05-21 ·cited 4×
  The court held that a criminal conviction for voluntary manslaughter is not conclusive proof in a civil action that the killing was intentional, and the beneficiary is entitled to an opportunity to present evidence that the killing was accidental.
• United States v. Star
  979 F.2d 1319· 8th Cir.· 1992-11-18 ·cited 2×
  The court held that the trial court erred in refusing to instruct the jury on involuntary manslaughter, as there was sufficient evidence to support such a finding. The court also found the admission of Noah One Star's grand jury testimony permissible, but urged redaction.
• United States v. Charger
  928 F.2d 818· 8th Cir.· 1991-03-29 ·cited 2×
  The court held that the District Court did not err in denying a two-point reduction for acceptance of responsibility.
• United States v. F.D.L. (Juvenile Male)
  836 F.2d 1113· 8th Cir.· 1988-01-07 ·cited 2×
  The court held that the district court did not err in rejecting the defense of involuntary intoxication because the defendants were capable of appreciating the wrongfulness of their acts, and that the evidence was sufficient to support the involuntary manslaughter convictions.
• United States v. ELK
  711 F.2d 80· 8th Cir.· 1983-06-20 ·cited 2×
  The court held that the defendant voluntarily, intelligently, and knowingly relinquished his Fifth and Sixth Amendment rights to counsel during post-polygraph interrogation, making his inculpatory statement admissible.
• United States v. REE
  691 F.2d 412· 8th Cir.· 1982-10-22 ·cited 2×
  The court held that sufficient circumstantial evidence supported the jury's finding of intoxication and that the trial court properly admitted evidence of withdrawal symptoms and excluded evidence of a passenger's prior conduct.
• United States v. Jackson
  690 F.2d 147· 8th Cir.· 1982-10-14 ·cited 2×
  The court held that incriminating statements made by the appellant after a polygraph examination, without a fresh reading of Miranda rights, were not voluntarily made and should have been suppressed.
• United States v. DuBOIS
  645 F.2d 642· 8th Cir.· 1981-04-09 ·cited 2×
  The court held that the government failed to prove by competent evidence that the defendant was intoxicated while driving, an essential element of involuntary manslaughter.
• United States v. Wallette
  580 F.2d 335· 8th Cir.· 1978-07-26 ·cited 2×
  The court held that the trial court did not err in refusing to instruct the jury on involuntary manslaughter because the defendant's actions constituted a felony under North Dakota law. The admission of a post-arrest threat was harmless error.
• United States v. Willard Bruno Makes Room FOR Them
  496 F.2d 507· 8th Cir.· 1974-05-07 ·cited 2×
  The court held that the trial court did not err in admitting the investigating officer's testimony regarding the defendant's admissions, the doctor's testimony regarding intoxication, or testimony about the decedent's injuries, and that there was sufficient evidence to sustain th
• United States v. McINTIRE
  461 F.2d 1092· 5th Cir.· 1972-06-23 ·cited 2×
  The court held that the trial court erred in excluding specific acts of prior beatings offered to support a self-defense claim.
• Dep't OF Child. & Families v. H.M.R.
  161 So. 3d 477· Fla. 5th DCA· 2014-06-26 ·cited 1×
  The appellate court held that the trial court applied an incorrect standard in denying the petition to shelter the child, as probable cause was established by the mother's history of child abuse and neglect.
• S.C. v. Dept. of Child. & Families
  Fla. 4th DCA· 2019-12-11
  An incarcerated father appealed the termination of his parental rights, challenging the trial court's reliance on an incorrect criminal designation (HVFO instead of VCC) as grounds for termination. The appellate court affirmed the termination but on an alternative statutory basis
• United States v. Hall
  999 F.2d 1298· 8th Cir.· 1993-08-03
  The court held that the evidence was insufficient to support a conviction for involuntary manslaughter beyond a reasonable doubt, as it did not overcome the reasonable doubt that either the defendant or his wife was the perpetrator.
• United States v. White
  974 F.2d 1135· 9th Cir.· 1992-09-08
  The court affirmed the conviction, holding that the marital communications privilege does not apply to threats against a spouse or child, and that any instructional errors were harmless.
• Darrick A. Rogers v. Norris W. McMACKIN
  884 F.2d 252· 6th Cir.· 1989-08-28
  The admission of a nontestifying co-defendant's confession in a bench trial does not violate the Confrontation Clause if the judge is capable of compartmentalizing the evidence and not using it against the defendant.
• Biel v. Lynaugh
  878 F.2d 159· 5th Cir.· 1989-06-15
  The court held that serving a sentence on a prior conviction used for enhancement does not violate double jeopardy and does not entitle the defendant to credit for that time on the enhanced sentence.
• United States v. Sylvan George Beautiful Bald Eagle
  849 F.2d 361· 8th Cir.· 1988-06-20
  The court held that voluntary intoxication is not a defense to involuntary manslaughter and that the supplemental jury instruction was adequate.
• United States v. Bercier
  848 F.2d 917· 8th Cir.· 1988-06-09
  The court held that the district court did not abuse its discretion in denying the motion for a continuance, and that federal courts do not recognize the physician-patient privilege in federal criminal proceedings.
• Carson Alvin Jones v. Blankenship
  602 F.2d 650· 4th Cir.· 1979-07-12
  The court held that a prior conviction for involuntary manslaughter does not collaterally bar a subsequent prosecution for malicious wounding arising from the same incident.
• Fabritz v. Traurig
  583 F.2d 697· 4th Cir.· 1978-09-28
  The evidence presented at trial was sufficient to support a finding that the mother violated the statute by knowingly withholding medical assistance, leading to her child's death.
• United States ex rel. Max Feinberg v. Rundle
  444 F.2d 402· 3d Cir.· 1971-06-28
  The court held that the petitioner's contentions regarding conviction on an uncharged offense, insufficient evidence, unconstitutional criminalization, and denial of equal protection were without merit.