Standard Jury Instructions In Criminal Cases

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

• State v. Weller
  590 So. 2d 923· Fla.· 1991-11-07 ·cited 138×
  The Florida Supreme Court reviewed a Fourth District decision reversing a cocaine trafficking conspiracy conviction, addressing conflicts in Florida law regarding lesser included offenses in drug trafficking cases. The Court clarified that the Blockburger test applies to determin
• 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 (97-2)
  723 So. 2d 123· Fla.· 1998-07-16 ·cited 91×
  The Florida Supreme Court adopted proposed amendments to the Florida Standard Jury Instructions in Criminal Cases, including new instructions on duress/necessity, entrapment, false imprisonment, DUI offenses, sexual activity with minors, and a revised schedule of lesser included
• Rotenberry v. State
  468 So. 2d 971· Fla.· 1985-04-25 ·cited 88×
  The Florida Supreme Court held that jury instructions on entrapment are adequate when the standard entrapment instruction is given in combination with the general reasonable doubt instruction, even if the defendant requests a more explicit instruction stating the state must prove
• In re the USE BY the Trial Courts OF the Standard Jury Instructions IN Crim. Cases
  431 So. 2d 599· Fla.· 1981-06-05 ·cited 83×
  The Florida Supreme Court postponed the effective date of its newly adopted schedule of lesser included offenses in criminal jury instructions from July 1, 1981 to October 1, 1981 to allow time for rule amendments and public comment.
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2007-10
  997 So. 2d 403· Fla.· 2008-12-11 ·cited 75×
  The Florida Supreme Court considered proposed amendments to three standard jury instructions in criminal cases involving manslaughter and culpable negligence. The Court rejected most of the Committee's proposals but authorized a modified version of instruction 7.7 on Manslaughter
• Johnson v. State
  308 So. 2d 38· Fla.· 1974-12-11 ·cited 70×
  The court held that the requirement for a trial judge to instruct the jury on the penalty for the offense is directory, not mandatory.
• 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
• In re Amendments TO Standard Jury Instructions IN Crim. Cases - Instruction 7.7
  41 So. 3d 853· Fla.· 2010-04-08 ·cited 53×
  The Florida Supreme Court authorized for interim use an amended version of Standard Jury Instruction 7.7 on manslaughter, following its decision in State v. Montgomery that the prior instruction created fundamental error by requiring proof of intent to kill. The Court invited com
• McELVEEN v. State
  415 So. 2d 746· Fla. 1st DCA· 1982-05-18 ·cited 52×
  McElveen appeals his convictions for burglary with assault and sexual battery, challenging the trial court's exclusion of evidence regarding the victim's prior sexual conduct and reputation. The court reverses in part, holding that evidence of the victim's reputation for unchasti
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2006-2
  962 So. 2d 310· Fla.· 2007-07-12 ·cited 40×
  The Florida Supreme Court approved standard jury instructions for criminal cases, incorporating amendments to existing instructions and authorizing new instructions for crimes including attempted felony murder, aggravated battery, assault and battery on law enforcement, firearm o
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2007-03
  976 So. 2d 1081· Fla.· 2008-03-06 ·cited 38×
  The Florida Supreme Court approved thirteen proposed amended or new standard jury instructions in criminal cases, addressing offenses including justifiable use of force, fleeing to elude law enforcement, animal cruelty, and disturbing assemblies. The Court remanded one instructio
• Vasil v. State
  374 So. 2d 465· Fla.· 1979-06-14 ·cited 32×
  George Vasil was convicted of first-degree murder in the 1974 killing of 12-year-old Pamela Vasser during the perpetration of rape. The Florida Supreme Court affirmed his conviction but vacated his death sentence because the Court was deadlocked on whether the death penalty was w
• Wyatt v. State
  641 So. 2d 355· Fla.· 1994-05-05 ·cited 30×
  Thomas Wyatt was convicted of first-degree murder and sentenced to death for the May 1988 killing of Cathy Nydegger during a crime spree in Florida. The Florida Supreme Court affirmed the conviction and death sentence, though it found two of the aggravating factors were unsupport
• In re the Use by the Trial Courts of the Standard Jury Instructions IN Crim. Cases
  240 So. 2d 472· Fla.· 1970-05-27 ·cited 29×
  The Court generally approves the theory and technique of charging juries in criminal cases as recommended by the Committee and authorizes the publication and use of the proposed instructions.
• In re Standard Jury Instructions IN Crim. Cases-No. 2006-1
  946 So. 2d 1061· Fla.· 2006-12-21 ·cited 28×
  The Florida Supreme Court authorized proposed amendments to standard jury instructions for criminal cases involving manslaughter, DUI manslaughter, and vehicular/vessel homicide, updating them to reflect statutory changes and clarifications.
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2008-05
  994 So. 2d 1038· Fla.· 2008-10-16 ·cited 26×
  The Florida Supreme Court authorized new and amended standard jury instructions in criminal cases in response to legislative changes to underlying criminal statutes. The Court approved two new instructions (Domestic Battery by Strangulation and Animal Cruelty) and amendments to s
• Altha B. Gillespie v. State
  440 So. 2d 8· Fla. 1st DCA· 1983-10-19 ·cited 24×
  A trial court properly refuses to instruct on a lesser included offense when there is no evidence to support that lesser offense and the evidence proves only the greater offense charged.
• STANDARD JURY INSTRUCTIONS IN CRIM. CASES-SUBMISSION 2001-1
  824 So. 2d 881· Fla.· 2002-05-09 ·cited 18×
  The Florida Supreme Court approved standard jury instructions for criminal cases with amendments proposed by the Supreme Court Committee on Standard Jury Instructions, including revisions to grand jury instructions and instructions on child abuse offenses. The Court made three sp
• In re Amendments TO Standard Jury Instructions IN Crim. Cases-Instruction 7.7
  75 So. 3d 210· Fla.· 2011-10-13 ·cited 17×
  The Florida Supreme Court amended Standard Jury Instruction 7.7 concerning manslaughter to clarify that conviction requires proof of an intentional act not constituting negligence. This administrative decision addresses the proper jury instruction framework for prosecuting mansla
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2008-04
  995 So. 2d 476· Fla.· 2008-10-30 ·cited 15×
  The Florida Supreme Court authorized amendments to standard jury instructions in criminal cases covering aggravated stalking, sexual battery, and prostitution-related offenses. The Court made minor modifications to proposed instructions and clarified that authorization does not f
• Savage v. State
  832 So. 2d 807· Fla. 2d DCA· 2002-10-18 ·cited 15×
  The court held that the trial court erred in summarily denying the defendant's claims of ineffective assistance of counsel regarding failure to move for a judgment of acquittal and failure to file a motion to suppress statements.
• In re Standard Jury Instructions IN Crim. Cases-Report 2007-01
  965 So. 2d 811· Fla.· 2007-08-30 ·cited 14×
  The Florida Supreme Court approved amendments to existing standard jury instructions in criminal cases and adopted nine new instructions covering crimes ranging from hate crimes to violations of protective injunctions, communications fraud, and DUI refusal, with the Court making
• Smith v. State
  340 So. 2d 1216· Fla. 4th DCA· 1976-12-17 ·cited 14×
  Joseph Curtis Smith was convicted of involuntary sexual battery (a life felony) under Florida Statute § 794.011(3) for sexually assaulting a victim after forcibly pulling her from a couch into a bedroom. The Fourth District Court of Appeal reversed and remanded, holding that the
• In re Standard Jury Instructions IN Crim. Cases-Instruction 6.6
  132 So. 3d 1124· Fla.· 2014-02-06 ·cited 13×
  The Court authorizes the publication and use of amended jury instruction 6.6 for Attempted Voluntary Manslaughter by Act, consistent with prior case law.
• Harrison W. Johnson v. State
  423 So. 2d 614· Fla. 1st DCA· 1982-12-21 ·cited 12×
  The Florida First District Court of Appeal reversed Harrison Johnson's second degree murder conviction because the trial court failed to instruct the jury that it could convict of the lesser included offense of third degree murder. The court found sufficient evidence of aggravate
• In re Standard Jury Instructions IN Crim. Cases-Instructions 25.9-25.13
  112 So. 3d 1211· Fla.· 2013-04-18 ·cited 11×
  Standard jury instructions for drug trafficking (Instructions 25.9-25.13) must be amended to remove knowledge of the illicit nature of a controlled substance as element 4 and instead provide that lack of knowledge is an affirmative defense; the instructions must include a permiss
• State v. Norris Williamson
  813 So. 2d 61· Fla.· 2002-02-28 ·cited 10×
  The Florida Supreme Court addressed whether the trial court erred in refusing to instruct the jury that the State must prove guilty knowledge of the illicit nature of a controlled substance in actual possession cases. The Court held that despite the Medlin presumption allowing kn
• Dominguez v. State
  492 So. 2d 1187· Fla. 5th DCA· 1986-08-21 ·cited 10×
  The trial court erred by failing to instruct the jury that knowledge of the substance's nature is an essential element of trafficking in cocaine. Because this omitted element was clearly in dispute and the instruction was requested, the conviction must be reversed and the case re
• In re Standard Jury Instructions IN Crim. Cases-Instruction 14.2
  140 So. 3d 992· Fla.· 2014-06-05 ·cited 9×
  The Florida Supreme Court amended Standard Jury Instruction 14.2 concerning the crime of dealing in stolen property (fencing) in response to Williams v. State, which required specific jury instructions when both theft and dealing in stolen property are submitted to a jury. The Co
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2007-5
  982 So. 2d 1160· Fla.· 2008-05-15 ·cited 9×
  The Florida Supreme Court approved thirteen proposed amended and new Standard Jury Instructions in Criminal Cases, including instructions for voyeurism offenses, robbery variants, carjacking, home-invasion robbery, and other crimes. The Court authorized publication and use of the
• In re Standard Jury Instructions IN Crim. Cases-Instruction 14.2
  121 So. 3d 520· Fla.· 2013-08-29 ·cited 8×
  The Florida Supreme Court authorized for interim publication and use an amended jury instruction (14.2) for the crime of dealing in stolen property, implemented in light of the Court's decision in Williams v. State requiring specific jury instructions when both theft and dealing
• Stallings v. State
  634 So. 2d 784· Fla. 5th DCA· 1994-03-31 ·cited 8×
  Robert Lewis Stallings appeals his conviction for attempted second degree murder, arguing the trial court erred by failing to instruct the jury on excusable homicide. The Florida Fifth District Court of Appeal agreed and reversed, holding that the mandatory standard instruction o
• Jewel May Daophin v. State
  511 So. 2d 1037· Fla. 4th DCA· 1987-08-05 ·cited 8×
  A defendant charged with trafficking in cocaine by delivery must be instructed on the lesser included offense of simple possession, regardless of whether the charging document alleges only delivery.
• Battle v. State
  292 So. 2d 594· Fla. 2d DCA· 1974-04-10 ·cited 8×
  The court held that a 'well-founded fear' of imminent peril is not a required element for aggravated assault under Florida law, and the trial court did not err by giving an additional jury instruction.
• In re Standard Crim. Jury Instructions in Cap. Cases
  214 So. 3d 1236· Fla.· 2017-04-13 ·cited 7×
  This case is a dissenting opinion arguing that the United States Constitution and Supreme Court precedent do not support the Florida Supreme Court's prior holding in Hurst v. State regarding capital sentencing.
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2010-04
  53 So. 3d 1017· Fla.· 2011-01-06 ·cited 7×
  The Court authorizes the publication and use of the amended standard jury instruction for Felony Murder – First Degree, as proposed by the Committee.
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2015-08
  194 So. 3d 1007· Fla.· 2016-07-07 ·cited 6×
  The Florida Supreme Court authorized amendments to standard jury instructions in criminal cases, approving modifications to instructions on battery, falsely personating an officer, and abuse/neglect of elderly persons and disabled adults, while declining to address substantive st
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2008-07
  3 So. 3d 1172· Fla.· 2009-02-26 ·cited 6×
  The Florida Supreme Court approved three new standard jury instructions in criminal cases: instructions on leaving a child unattended in a motor vehicle, unlawful possession of counterfeit-resistant prescription blanks, and animal fighting or baiting. The Court authorized these i
• Jamerson v. State
  677 So. 2d 1299· Fla. 4th DCA· 1996-07-24 ·cited 6×
• Matava v. State
  358 So. 2d 1116· Fla. 3d DCA· 1978-05-02 ·cited 6×
  The court held that the State is not required to prove the absence of intent to commit involuntary sexual battery when prosecuting a charge of lewd, lascivious, or indecent assault upon a child under fourteen.
• White v. State
  299 So. 2d 143· Fla. 1st DCA· 1974-07-25 ·cited 6×
  The court held that the jury instruction on aggravated assault was erroneous because it failed to include the element of the victim's well-founded fear of imminent violence, despite the defendant's waiver of lesser included offense instructions.
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2018-10.
  259 So. 3d 765· Fla.· 2018-12-13 ·cited 4×
  The Florida Supreme Court authorized amendments to seven standard jury instructions in criminal cases, primarily adding the concept of "possession" to various property crime offenses and updating statutory citations to reflect repealed statutes.
• In re Standard Jury Instructions IN Crim. Cases-Instructions 9.1 & 9.2
  156 So. 3d 495· Fla.· 2015-01-22 ·cited 4×
  The Court authorizes proposed amendments to standard jury instructions for Kidnapping and False Imprisonment in response to legislative changes.
• In re Standard Jury Instructions IN Crim. Cases (No. 2005-6)
  958 So. 2d 361· Fla.· 2007-05-03 ·cited 4×
  The Florida Supreme Court authorized the publication and use of amended and new standard jury instructions for criminal cases involving driver's license violations. The Court approved amendments to instructions 28.9 and 28.11, and adopted two new instructions 28.9(a) and 28.11(a)
• Cleveland Freeman v. State
  371 So. 2d 114· Fla. 4th DCA· 1978-11-08 ·cited 4×
  Cleveland Freeman was convicted of robbery based largely on eyewitness identification by a single witness. The court reversed because the trial judge refused to give a jury instruction on the state's burden to prove identity beyond a reasonable doubt, despite Freeman's proper req
• State v. Berry
  358 So. 2d 545· Fla.· 1978-04-04 ·cited 4×
  The court held that intent to defraud is not an essential element of the crime of obtaining property in return for a worthless check under Section 832.05(3), Florida Statutes.
• In re Standard Jury Instructions IN Crim. Cases-Report 2011-02
  75 So. 3d 207· Fla.· 2011-10-13 ·cited 3×
  The Florida Supreme Court authorized amendments to instruction 16.3 for child abuse that include the elements of knowledge or willfulness, a parental affirmative defense, statutory definitions from Chapter 39, and lesser-included offenses of contributing to dependency and battery
• Washington v. State
  912 So. 2d 344· Fla. 3d DCA· 2005-10-05 ·cited 3×
  The court held that attempted aggravated battery can be a lesser included offense of attempted second-degree murder, even with firearm enhancements, and affirmed the convictions.
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2018-11.
  260 So. 3d 1024· Fla.· 2018-12-20 ·cited 2×
  The Florida Supreme Court approved amendments to five standard criminal jury instructions (3.13, 8.22, 11.14(h), 11.15(l), and 21.11) to conform with legislative changes and clarify jury procedures, including new crimes related to threats of mass shooting and terrorism, and updat