Lesser Included Offense

3,837 Florida cases classified under this topic, plus 173 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Levis Leon Aldrich v. Louie L. Wainwright
  777 F.2d 630· 11th Cir.· 1985-11-19 ·cited 71×
  The dissenting judge held that the petitioner was denied effective assistance of counsel because his counsel's lack of preparation and trial errors prejudiced him, creating a reasonable probability of a different outcome.
• United States v. Boffa
  688 F.2d 919· 3d Cir.· 1982-08-25 ·cited 71×
  A scheme to deprive employees of rights guaranteed by section 7 of the National Labor Relations Act (NLRA) cannot serve as the basis for a mail fraud prosecution, as the NLRA is remedial and vests exclusive authority in the NLRB to determine unfair labor practices.
• United States v. Scotto
  641 F.2d 47· 2d Cir.· 1980-09-02 ·cited 71×
  The court affirmed convictions, holding that the jury instructions on RICO's 'conduct of enterprise's affairs' and mens rea were adequate, and that Taft-Hartley violations are separate from RICO and can serve as predicate offenses.
• United States v. Thompson
  492 F.2d 359· 8th Cir.· 1974-02-19 ·cited 71×
  The court should not have instructed the jury on involuntary manslaughter due to lack of evidence.
• Copeland v. State
  457 So. 2d 1012· Fla.· 1984-09-13 ·cited 70×
  Johnny Copeland was convicted of first-degree murder (death sentence), kidnapping, robbery, and sexual battery in connection with the abduction, rape, and murder of a 19-year-old convenience store cashier in 1978. The Florida Supreme Court affirmed the convictions and death sente
• United States v. Pazsint
  703 F.2d 420· 9th Cir.· 1983-04-08 ·cited 70×
  A defendant cannot be convicted of an offense different from that specifically charged in the indictment by the grand jury, and jury instructions that amend the indictment are reversible error.
• Gilford v. State
  313 So. 2d 729· Fla.· 1975-04-09 ·cited 70×
  The Florida Supreme Court held that a trial court properly refused to instruct the jury on a lesser included offense (petit larceny) when the evidence presented supported only the greater offense (felony breaking and entering with intent to commit grand larceny). The Court clarif
• Pleas Lindsey v. State
  53 Fla. 56· Fla.· 1907-01-01 ·cited 70×
  Pleas Lindsey was convicted of assault with intent to commit manslaughter after being indicted for assault with intent to commit murder in the first degree. The Florida Supreme Court affirmed the conviction, holding that the indictment did not charge assault with a deadly weapon
• Williams v. State
  957 So. 2d 595· Fla.· 2007-05-10 ·cited 68×·via Permissive Lesser Included Offense
  The Florida Supreme Court answered a certified question of great public importance: whether lewd or lascivious battery under section 800.04(4) can be a permissive lesser included offense of sexual battery with a deadly weapon or use of force likely to cause serious personal injur
• STANDARD JURY INSTRUCTIONS IN CRIM. CASES (95-2)
  665 So. 2d 212· Fla.· 1995-12-07 ·cited 68×
  The Florida Supreme Court approved amendments to the Florida Standard Jury Instructions in Criminal Cases submitted by the Committee on Standard Jury Instructions in Criminal Cases. The amendments clarified and corrected ten categories of jury instructions to align with recent st
• United States v. Medina
  755 F.2d 1269· 7th Cir.· 1985-01-30 ·cited 68×
  The court held that the trial court did not err in refusing a voluntary manslaughter instruction and in admitting certain testimony, but that the evidence was insufficient to support Medina's conviction for conveying weapons within the institution.
• United States v. Burnette
  698 F.2d 1038· 9th Cir.· 1983-02-10 ·cited 68×
  The court held that the evidence found in Lynette's purse was admissible because the police's extensive search of the purse at the time of arrest destroyed any reasonable expectation of privacy.
• Damon v. State
  397 So. 2d 1224· Fla. 3d DCA· 1981-05-12 ·cited 68×
  Damon and Ladler were convicted of third-degree murder and burglary arising from the brutal 1976 murder of Wiley Swiney, where both defendants confessed to their respective roles. The defendants appealed challenging the joint trial, the admissibility of each other's confessions,
• Silvestri v. State
  332 So. 2d 351· Fla. 4th DCA· 1976-05-14 ·cited 68×
  Marlene Silvestri was convicted of attempted conspiracy, attempted possession of cocaine, and attempted false reporting after a jury trial. The appellate court reversed convictions on attempted conspiracy and attempted false reporting as legally non-existent offenses under Florid
• Higgins v. Louie L. Wainwright
  424 F.2d 177· 5th Cir.· 1970-03-25 ·cited 68×
  The court held that the district court properly denied the habeas corpus petition without an evidentiary hearing.
• Cruller v. State
  808 So. 2d 201· Fla.· 2002-01-24 ·cited 67×
  The Florida Supreme Court held that double jeopardy does not bar separate convictions and punishments for robbery and carjacking when a defendant forcefully takes both a motor vehicle and other property during a single criminal episode. The court resolved a conflict between distr
• Dugger v. Wiley Jerome Grant
  610 So. 2d 428· Fla.· 1992-12-10 ·cited 67×
  The Florida Supreme Court held that the Department of Corrections may rely on information from arrest reports and presentence investigation reports as the sole basis for determining inmate eligibility for provisional credits under Section 944.277, even when such information contr
• Stanfill v. State
  384 So. 2d 141· Fla.· 1980-04-03 ·cited 67×
  The Florida Supreme Court resolved a conflict among district courts regarding whether section 316.027 creates one or two crimes for leaving the scene of an accident. The Court held that the statute creates only a single felony offense of 'willfully' leaving the scene, and remande
• State v. Washington
  268 So. 2d 901· Fla.· 1972-05-10 ·cited 67×
  The Florida Supreme Court held that trial judges have a mandatory duty to instruct juries on lesser included offenses, even when a defendant objects. The court reversed the District Court of Appeal's decision that had permitted defendants to object to such instructions and reinst
• Monroe v. State
  191 So. 3d 395· Fla.· 2016-04-28 ·cited 66×
  The Florida Supreme Court held that while sufficiency of evidence claims must ordinarily be preserved through a motion for judgment of acquittal, trial counsel's failure to make such a motion when the evidence proved only a lesser included offense—rather than the charged greater
• Sharon v. State
  156 So. 2d 677· Fla. 3d DCA· 1963-09-17 ·cited 66×
  Bernard Sharon appeals his convictions for gambling crimes, challenging the legality of the search warrant execution, the sufficiency of evidence, and the propriety of sentencing. The appellate court affirms the suppression ruling denial and conviction on the primary count, but r
• Jalbert v. State
  95 So. 2d 589· Fla.· 1957-06-05 ·cited 66×
  The court held that the description of property in a judicial sale was sufficient to transfer title, and that the intervenors failed to establish their claim to the west half of the abandoned right of way.
• Wright v. State
  519 So. 2d 1157· Fla. 5th DCA· 1988-02-18 ·cited 65×·via Necessarily Lesser Included Offense
  Dual convictions for robbery with a firearm and aggravated assault with a deadly weapon, or for robbery with a firearm and possession of a firearm during a felony, are improper when arising from a single criminal act.
• United States v. Shannon N. Mahar (85-1411)
  801 F.2d 1477· 6th Cir.· 1986-09-24 ·cited 64×
  The court held that the evidence was sufficient to support convictions for conspiracy to distribute controlled substances and mail fraud, but vacated convictions on two substantive counts due to insufficient evidence.
• Torrence v. State
  440 So. 2d 392· Fla. 5th DCA· 1983-10-04 ·cited 64×
  Torrence was charged with attempted robbery but convicted of aggravated assault, a crime the trial court instructed the jury on despite it not being a proper lesser included offense. The court affirmed the conviction, holding that the erroneous instruction was not fundamental err
• United States v. Webster
  639 F.2d 174· 4th Cir.· 1981-01-15 ·cited 64×
  The court held that wiretap applications and orders were valid, jury instructions were harmlessly erroneous, and the RICO statute requires the enterprise's affairs to be conducted through racketeering, not the reverse.
• Hattaway v. United States
  399 F.2d 431· 5th Cir.· 1968-07-31 ·cited 64×
  The court held that prosecution under the Mann Act after acquittal on a kidnapping charge arising from the same interstate trip does not violate the Double Jeopardy Clause of the Fifth Amendment.
• United States v. Gerald Levy (89-5980) & Calvin Black (89-6099)
  904 F.2d 1026· 6th Cir.· 1990-05-25 ·cited 63×
  The court affirmed the convictions and sentences, holding that the district court did not err in its evidentiary rulings, jury instructions, or sentencing decisions, and that the challenged statute was not unconstitutionally vague or disproportionate.
• Sireci v. State
  469 So. 2d 119· Fla.· 1985-03-21 ·cited 63×
  Henry Sireci appeals the denial of his Rule 3.850 motion for post-conviction relief following his conviction and death sentence for murder. The Florida Supreme Court affirms the denial, finding that most claims were barred as previously raisable on direct appeal, that systematic
• United States v. Hernandez
  591 F.2d 1019· 5th Cir.· 1979-03-20 ·cited 63×
  Consecutive sentences for possession with intent to distribute and distribution of heroin arising from a single transaction are improper when the possession is constructively proven by the distribution itself.
• Shelley v. State
  134 So. 3d 1138· Fla. 2d DCA· 2014-03-19 ·cited 62×
  Dean Shelley was convicted of soliciting a parent's consent to child sexual abuse and traveling to meet a minor after online solicitation, based on a sting operation where he responded to a fake Craigslist ad. The court affirmed the traveling conviction but reversed the solicitin
• Jones v. State
  666 So. 2d 960· Fla. 3d DCA· 1996-01-10 ·cited 62×·via Necessarily Included Offense
  Larry Jones was convicted of grand theft of a motor vehicle and appealed, arguing the trial court erred in refusing to instruct the jury on the lesser included offense of trespass in a conveyance. The court affirmed, holding that a jury instruction on a category 2 permissive less
• Howard v. United States
  389 F.2d 287· D.C. Cir.· 1967-12-06 ·cited 62×
  The submission of a first-degree murder charge to the jury, even if unsupported by evidence, was harmless error when the jury returned a verdict of second-degree murder, and the defendant suffered no prejudice.
• Smith v. United States
  173 F.2d 181· 9th Cir.· 1949-02-28 ·cited 62×
  The court held that the admission of evidence of other crimes, even if potentially prejudicial, was not grounds for reversal because the defense introduced the evidence and no timely objection was made, and the instructions on verdict forms were not sufficiently ambiguous to caus
• Nusspickel v. State
  966 So. 2d 441· Fla. 2d DCA· 2007-09-28 ·cited 61×
  Diana Nusspickel appealed her convictions for seven counts of misdemeanor battery arising from striking multiple individuals with a motor vehicle in a parking lot. The appellate court affirmed her convictions and sentences, rejecting her argument that the trial judge improperly c
• Dewarn Antonio Brown v. State
  959 So. 2d 218· Fla.· 2007-06-14 ·cited 61×
  The Florida Supreme Court held that a defendant's convictions for felony murder and a lesser included misdemeanor of the separately charged underlying felony constitute true inconsistent verdicts that cannot stand together. The Court quashed the Third District Court of Appeal's d
• Exposito v. State
  891 So. 2d 525· Fla.· 2004-12-23 ·cited 61×
  The Florida Supreme Court held that section 924.07, Florida Statutes, does not authorize a State appeal from a post-trial order reducing a charge pursuant to Florida Rule of Criminal Procedure 3.620. The Court resolved a conflict between the Third and Fourth District Courts of Ap
• Reddick v. State
  394 So. 2d 417· Fla.· 1981-02-12 ·cited 61×
  The Florida Supreme Court reversed a Fifth District Court of Appeal decision that denied jury instructions on robbery with a weapon as a lesser-included offense of robbery with a firearm. The Court held that the trial court erred in refusing to instruct the jury on the next immed
• United States v. Willi Beusch & Deak & Co. of Cal., Inc.
  596 F.2d 871· 9th Cir.· 1979-05-10 ·cited 61×
  The court held that the affidavit supported probable cause for the search warrant, the seizure of documents was permissible, and the felony indictment was improperly dismissed. However, the court affirmed the misdemeanor convictions.
• United States v. Payne
  805 F.2d 1062· D.C. Cir.· 1986-11-21 ·cited 60×
  The court held that the admission of firearms into evidence was proper to show intent to distribute a controlled substance, and the denial of a lesser included offense instruction was also correct.
• Higdon v. State
  490 So. 2d 1252· Fla.· 1986-05-15 ·cited 60×
  The court held that vehicular homicide is not a necessarily lesser included offense of DWI manslaughter.
• Collins v. A.L. Lockhart
  754 F.2d 258· 8th Cir.· 1985-01-31 ·cited 60×
  The court held that while the conviction was valid, the death sentence must be vacated because the 'pecuniary gain' aggravating circumstance duplicated an element of the underlying capital felony murder charge (robbery), thus failing to narrow the class of eligible defendants as
• United States v. Alvarez
  735 F.2d 461· 11th Cir.· 1984-07-02 ·cited 60×
  The court held that a single conspiracy charge with multiple objectives is not duplicitous, and a conviction can stand if evidence proves at least one objective. However, enhanced sentences require specific allegations in the indictment regarding the quantity or type of substance
• DeBERRY v. Wolff
  513 F.2d 1336· 8th Cir.· 1975-04-11 ·cited 60×
  A claim regarding a trial court's refusal to instruct on a lesser included offense is not cognizable in federal habeas corpus unless it rises to the level of a constitutional violation. Allegations of knowing use of false testimony or suppression of evidence were not supported by
• United States v. Minker
  312 F.2d 632· 3d Cir.· 1962-12-04 ·cited 60×
  The court held that evidence seized from a trash receptacle located outside the curtilage of the appellant's apartment was admissible, and that the evidence was sufficient to support a conviction for willfully attempting to evade wagering excise taxes.
• Askew v. State
  118 So. 2d 219· Fla.· 1960-02-17 ·cited 60×
  Donald Ray Askew appealed his death sentence for raping a 10-year-old girl, arguing that the trial court erred in refusing jury instructions on intoxication negating specific intent and in handling jury polling. The Florida Supreme Court affirmed, holding that rape requires only
• United States v. Stevens
  521 F.2d 334· 6th Cir.· 1975-08-15 ·cited 59×
  The court held that while the convictions for possession with intent to distribute and distribution of heroin were valid, the defendant should only receive one sentence because the single act of sale formed the basis for both convictions.
• Flagler v. State
  198 So. 2d 313· Fla.· 1967-03-01 ·cited 59×
  Flagler was convicted of robbery after a stranger took a woman's pocketbook from her car. The Florida Supreme Court addressed whether fear was sufficiently established for robbery (as opposed to larceny) and whether the trial court erred in refusing to charge the jury on the less
• Killen v. State
  92 So. 2d 825· Fla.· 1957-02-20 ·cited 59×
  Killen and his co-defendant were charged with first-degree murder in the perpetration of robbery, but a jury convicted them of the lesser offense of manslaughter. The Florida Supreme Court affirmed, holding that trial courts must instruct juries on lesser degrees of homicide when
• Hardy v. State
  705 So. 2d 979· Fla. 4th DCA· 1998-01-28 ·cited 58×
  Terry Carnell Hardy was convicted of leaving the scene of an accident involving both injury and death arising from a single traffic accident. The Fourth District Court of Appeal affirmed most convictions but reversed the conviction for leaving the scene of an accident involving i