-
493 So. 2d 451·
Fla.·
1986-09-04
·cited 126×
The Florida Supreme Court reversed Butler's convictions for burglary with a firearm and attempted first-degree murder, holding that a jury instruction on justifiable use of force in one's home was improper and harmful when the crime occurred in the victim's home and the victim de
-
883 So. 2d 876·
Fla. 4th DCA·
2004-09-22
·cited 34×
Lorenzo Dunnaway was convicted of aggravated battery after retrial for second-degree murder. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that jury instructions on the justifiable use of force were misleading and confusing and fundamentally n
-
259 So. 3d 23·
Fla.·
2018-10-19
·cited 21×
Rodney Tyrone Lowe appeals his death sentence for the 1990 first-degree murder of Donna Burnell. The Florida Supreme Court affirms his sentence, rejecting claims including Hurst challenges, proportionality arguments, and various trial errors related to jury instructions, evidenti
-
42 Fla. 199·
Fla.·
1900-01-01
·cited 12×
Idella Mims was convicted of receiving and concealing stolen property. She appealed, challenging the trial court's decision to excuse six jurors and issue a special venire, and arguing that certain jury instructions should have been given. The Florida Supreme Court affirmed the c
-
593 So. 2d 565·
Fla. 4th DCA·
1992-01-29
·cited 8×
Melvin Spector was convicted of second-degree murder, but the trial court reversibly erred by including clause three (the "sudden combat" provision) of the long-form excusable homicide jury instruction despite defense counsel's objection and despite the evidence establishing that
-
858 So. 2d 343·
Fla. 1st DCA·
2003-10-03
·cited 5×
Desmond Byrd was convicted of manslaughter for striking Matthew Pritchard with a baseball bat during a street fight. The Florida appellate court reversed and remanded for a new trial, finding that the trial court's modified jury instruction on justifiable self-defense was mislead
-
490 So. 2d 118·
Fla. 3d DCA·
1986-05-06
·cited 4×
The Florida Department of Corrections appealed a $750,000 jury verdict for false imprisonment awarded to Jesse Hill. The court affirmed the liability finding but reversed the damages award due to misleading jury instructions that confused the jury about comparative negligence, wh
-
533 F.2d 879·
3d Cir.·
1976-03-31
·cited 4×
The court held that the jury instructions regarding the defendant's insanity defense, motive, and intent, when considered as a whole, did not constitute reversible error.
-
308 So. 2d 126·
Fla. 4th DCA·
1975-02-21
·cited 2×
Vivian McCormick was convicted of second-degree murder and sentenced to 25 years imprisonment. The Florida appellate court reversed and remanded for a new trial, holding that the trial court committed reversible error by failing to summarize self-defense instructions when the jur
-
156 Fla. 331·
Fla.·
1945-07-10
·cited 1×
Joe Harper and Joe Bush were convicted of second-degree murder for the joint killing of Rosa Lee Foster. The Florida Supreme Court reversed because the trial court erroneously instructed the jury that both defendants must be acquitted or convicted together based on the "joint act
-
Fla. 3d DCA·
2026-07-08
A trial court does not abuse its discretion by instructing a jury to specify which portions of witness testimony it wishes to hear during a read-back request, even when the jury has already identified the witnesses by name. Such instruction complies with the requirement to inform
-
832 So. 2d 783·
Fla. 4th DCA·
2002-07-31
William Garcia Santiago petitioned for relief for ineffective assistance of appellate counsel in his direct appeal of a cocaine trafficking conviction. The Fourth District Court of Appeal denied the petition, finding that Santiago failed to establish that his appellate counsel's
-
194 So. 2d 643·
Fla. 1st DCA·
1967-01-31
In a negligence case arising from an automobile collision, the trial court gave a jury instruction that contradicted its original charge regarding the duties of following drivers. The appellate court reversed and remanded for a new trial, finding the supplemental instruction was