Transferred Intent

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

• Wilson v. State
  493 So. 2d 1019· Fla.· 1986-09-04 ·cited 213×
  Sam Wilson was convicted of two counts of first-degree murder and attempted murder in a brutal family attack. The Florida Supreme Court reversed his conviction for the murder of his cousin Jerome Hueghley due to insufficient evidence of premeditation, but affirmed his conviction
• Archer v. State
  613 So. 2d 446· Fla.· 1993-01-28 ·cited 133×
  The court affirmed the defendant's conviction for first-degree murder but vacated his death sentence, remanding for resentencing.
• Provenzano v. State
  497 So. 2d 1177· Fla.· 1986-10-16 ·cited 96×
  Thomas Harrison Provenzano was convicted of first-degree murder and two counts of attempted first-degree murder in a courthouse shooting that killed bailiff Arnold Wilkerson and injured two police officers. The Florida Supreme Court affirmed his conviction and death sentence, rej
• Lynch v. State
  2 So. 3d 47· Fla.· 2008-11-06 ·cited 90×
  Richard Lynch was convicted of two counts of first-degree murder, armed burglary, and armed kidnapping in the March 1999 deaths of Roseanna Morgan and her 13-year-old daughter Leah Caday. The Florida Supreme Court affirmed the circuit court's denial of Lynch's postconviction moti
• Bell v. State
  699 So. 2d 674· Fla.· 1997-07-17 ·cited 78×
  Michael Bell was convicted of two counts of first-degree murder and sentenced to death for shooting and killing Jimmy West and Tamecka Smith in December 1993, intending to kill Theodore Wright in revenge for his brother's death. The Florida Supreme Court affirmed the convictions
• 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
• Howell v. State
  707 So. 2d 674· Fla.· 1998-02-12 ·cited 67×
  Paul Howell was convicted of first-degree murder and sentenced to death for constructing a bomb intended to kill a drug-related witness, which instead killed a Florida Highway Patrol Trooper. The Florida Supreme Court affirmed the conviction and death sentence, holding that multi
• Bello v. State
  547 So. 2d 914· Fla.· 1989-07-06 ·cited 64×
  Carlos Bello, a death-row inmate, appealed his convictions for first-degree murder of Detective Rauft, attempted murder of Detective Ulriksen, and drug-related offenses. The Florida Supreme Court affirmed all convictions but vacated the death sentence and all other sentences, rem
• 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
• STANDARD JURY INSTRUCTIONS IN CRIM. CASES (93-1)
  636 So. 2d 502· Fla.· 1994-05-05 ·cited 48×
  The Florida Supreme Court approved recommended amendments to the Standard Jury Instructions in Criminal Cases, including modifications to insanity proceedings, a new instruction on psychotropic medication, and new integrated instructions on attempted murder and manslaughter offen
• Diaz v. State
  860 So. 2d 960· Fla.· 2003-09-11 ·cited 47×
  Joel Diaz was convicted of the first-degree murder of Charles Shaw and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, striking the heinous, atrocious, or cruel (HAC) aggravating factor as harmless error but upholding the cold, calculated
• The Casbah, Inc. v. Thone
  651 F.2d 551· 8th Cir.· 1981-06-08 ·cited 40×
  The court held that Nebraska Legislative Bill 991, prohibiting drug paraphernalia, is constitutional as written and construed, rejecting claims of vagueness, overbreadth, and violations of first and fourth amendment rights.
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2012-04
  131 So. 3d 720· Fla.· 2013-12-05 ·cited 31×
  The Florida Supreme Court approved new and amended standard criminal jury instructions for use in Florida courts. The Court authorized fifteen new instructions and amendments to eight existing instructions, with minor corrections made to instructions 21.10, 21.11, and 29.17 to en
• 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
• NEW England Accessories Trade Ass'n, Inc. v. City OF Nashua
  679 F.2d 1· 1st Cir.· 1982-05-24 ·cited 24×
  The court held that neither the City of Nashua's drug paraphernalia ordinance nor New Hampshire's drug paraphernalia statute are unconstitutionally vague or overbroad.
• Laverica Burch v. SUN State Ford, Inc.
  864 So. 2d 466· Fla. 5th DCA· 2004-01-02 ·cited 19×
  In this wrongful death case, the Fifth District Court of Appeal reversed summary judgment granted to a vehicle rental company, holding that the dangerous instrumentality doctrine applies even when a vehicle operator engages in reckless or intentional misconduct, unless the operat
• Carlton J. Brown v. State
  599 So. 2d 132· Fla. 2d DCA· 1992-04-15 ·cited 18×
  When minimum mandatory sentences are imposed for crimes occurring during a single criminal episode with no distinction in time or place between the offenses, the minimum mandatory portions must run concurrently, though the underlying sentences may run consecutively.
• 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
• M.H. v. State
  936 So. 2d 1· Fla. 3d DCA· 2006-04-05 ·cited 14×
  M.H., a juvenile, was convicted of criminal mischief after damaging a stolen motor scooter while evading police. On appeal, M.H. argued criminal mischief requires proof of specific intent to damage property, but the court affirmed, holding that criminal mischief is a general inte
• D.J. v. State
  651 So. 2d 1255· Fla. 1st DCA· 1995-03-14 ·cited 14×
  A high school student was adjudicated delinquent for attempted battery on a school employee and affray following a schoolyard fight. The appellate court reversed the battery conviction, holding that the doctrine of transferred intent cannot transfer intent to strike a fellow stud
• United States v. Follette
  462 F.2d 1041· 2d Cir.· 1972-06-23 ·cited 14×
  The court held that the defendant's strategy at the first trial, which led to the jury being instructed to convict of either premeditated or felony murder but not both, constituted consent to the procedure and waived any double jeopardy claim upon retrial for felony murder after
• In re Standard Jury Instructions in Criminal Cases-Instruction in Manslaughter Cases
  911 So. 2d 1220· Fla.· 2005-09-08 ·cited 12×
  The Florida Supreme Court approved an amendment to Standard Jury Instruction (Criminal) 7.7 on manslaughter by adding a comment directing trial judges to carefully study Eversley v. State in cases where causation is an issue. This administrative decision establishes procedural gu
• Bell v. State
  768 So. 2d 22· Fla. 1st DCA· 2000-08-07 ·cited 12×
  Charles Bell appeals five attempted first-degree murder convictions, challenging whether the evidence supports convictions for each victim. The court affirms three convictions but reverses two (for Tracy Holton and Olutokunbo Akiode) and orders substitution of attempted second-de
• Howell v. State
  109 So. 3d 763· Fla.· 2013-02-19 ·cited 11×
  Paul Augustus Howell, convicted and sentenced to death for constructing a bomb intended to kill a witness that instead killed a Florida Highway Patrol Trooper, appeals the denial of his successive postconviction motion filed just before his scheduled execution. The Florida Suprem
• C.B. v. State
  810 So. 2d 1072· Fla. 4th DCA· 2002-03-20 ·cited 11×
  Battery is a general intent crime under Florida law, but to sustain a conviction when the defendant throws an object at the floor, the state must prove the defendant threw it in such a manner that striking the victim was substantially certain to result, not merely that he intende
• Reyes v. State
  783 So. 2d 1129· Fla. 3d DCA· 2001-03-28 ·cited 11×
  Cesar Reyes was convicted of manslaughter and aggravated battery for deaths and injuries caused by a shotgun blast fired by a rival gang member during a gun battle that Reyes initiated in a Miami park. The court affirmed the legal theory that a participant in a mutually-agreed gu
• V.M. v. State
  766 So. 2d 280· Fla. 4th DCA· 2000-02-16 ·cited 10×
  V.M., a juvenile, was found guilty of felony battery against his teacher after hitting her while in a fight with another student. The court reversed because the State failed to present evidence rebutting V.M.'s claim of self-defense, even though transferred intent doctrine applie
• NEW England Accessories Trade Ass'n, Inc. v. Tierney
  691 F.2d 35· 1st Cir.· 1982-09-28 ·cited 10×
  The court held that the Maine Drug Paraphernalia Act, as interpreted to require the defendant's intent, is facially valid and not unconstitutionally vague.
• V.M. v. State
  729 So. 2d 428· Fla. 1st DCA· 1999-03-03 ·cited 9×
  The court held that while the doctrine of transferred intent does not apply to elevate a simple battery to aggravated battery on a pregnant woman, the evidence was sufficient to prove specific intent to commit the aggravated battery.
• Wallace v. State
  766 So. 2d 364· Fla. 3d DCA· 2000-07-26 ·cited 8×
  Jeffrey Wade Wallace appeals his convictions for first-degree murder and four counts of attempted first-degree murder arising from a shooting at a bar in Key West. The court affirms all convictions, rejecting Wallace's insanity defenses based on the M'Naghten rule and hallucinati
• Brady v. State
  700 So. 2d 471· Fla. 5th DCA· 1997-10-24 ·cited 7×
  The court affirmed a conviction for two counts of attempted murder arising from a single shot, applying the doctrine of transferred intent to the unintended victim, even though the defendant's specific intent was to kill the intended victim.
• Battles v. State
  498 So. 2d 1028· Fla. 1st DCA· 1986-12-12 ·cited 7×
  Kenneth Battles was convicted of two counts of aggravated battery for throwing acid at Milo Jordon and Tonya Smith. On appeal, Battles argued the trial court erred in refusing to instruct the jury that self-defense could extend to an innocent bystander injured during lawful self-
• Nyro Gustavis Frederick v. State
  93 So. 3d 445· Fla. 4th DCA· 2012-07-18 ·cited 6×
  The appellate court affirmed the convictions and sentences for attempted first-degree murder, shooting into a building, and shooting into an occupied vehicle, holding that the trial court did not commit fundamental error by instructing the jury on the doctrine of transferred inte
• United States v. Juvenile Male
  930 F.2d 727· 9th Cir.· 1991-04-11 ·cited 6×
  The court held that the juvenile's reckless discharge of a firearm, which caused serious bodily injury, constituted an assault resulting in serious bodily injury under 18 U.S.C. § 113(f), even though the victim was unintended.
• S.D.W. v. State
  746 So. 2d 1232· Fla. 1st DCA· 1999-12-29 ·cited 5×
  The court held that the trial court erred in finding the appellant guilty of battery on school board personnel for the kicking incident as there was no evidence of intent to kick someone, but affirmed the finding for the initial push. The court also found discrepancies between th
• DE LA Rosa v. Lynaugh
  817 F.2d 259· 5th Cir.· 1987-05-05 ·cited 4×
  The court held that the State was collaterally estopped from prosecuting the defendant for murder because the prior conviction for voluntary manslaughter necessarily determined that the defendant acted under sudden passion arising from adequate cause.
• Tatiana Diaz Calvo v. State
  313 So. 2d 39· Fla. 3d DCA· 1975-05-13 ·cited 4×
  Tatiana Calvo was convicted by jury of manslaughter and assault with intent to commit first-degree murder after she drove a car that killed her husband and injured another woman. She appealed challenging grand jury procedures, jury instructions on inconsistent charges, and claimi
• Hunt v. State
  428 So. 3d 43· Fla.· 2025-12-18 ·cited 3×
  Michael H. Hunt appeals his first-degree murder conviction and death sentence from a 2019 home invasion in Panama City, Florida where a 16-year-old girl was killed. Hunt raises six issues including challenges to the admission of evidence regarding his sex trafficking of a witness
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2017-06.
  236 So. 3d 282· Fla.· 2018-02-08 ·cited 3×
  The Florida Supreme Court approved proposed amendments to standard jury instructions in criminal cases affecting homicide and attempted homicide charges. The amendments, derived from two prior Court decisions, add instructions on justifiable and excusable homicide to murder and a
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2017-01
  228 So. 3d 87· Fla.· 2017-10-12 ·cited 2×
  The Florida Supreme Court approved proposed amendments to five standard criminal jury instructions governing transferred intent, solicitation of minors for sexual conduct, and traveling to meet minors. The Court authorized the amended instructions for publication and use, with mi
• Parsons v. State
  608 So. 2d 67· Fla. 2d DCA· 1992-10-16 ·cited 2×
  Douglas Parsons was convicted of first-degree murder in the shooting death of Robert Roman, with the prosecution relying on the transferred intent doctrine to argue Parsons intended to kill his wife Janet but shot Roman instead. The Florida District Court of Appeal reversed and r
• Crutchfield v. State
  589 So. 2d 1028· Fla. 4th DCA· 1991-12-04 ·cited 2×
• Atwell Junior Conner v. Director of Division of Adult Corrections
  870 F.2d 1384· 8th Cir.· 1989-03-14 ·cited 2×
  The court held that the trial court's jury instructions were improper because they failed to require a causal connection between the underlying felony and the homicide, thus potentially convicting the defendant of felony murder without proof of a necessary element.
• United States v. Larieto Phillip Montoya
  739 F.2d 1437· 9th Cir.· 1984-08-07 ·cited 2×
  The court held that the doctrine of transferred intent does not apply to 18 U.S.C. § 111, as Congress intended to punish assaults on federal officers more severely based on the victim's identity.
• Gov't of the Virgin Islands v. Callwood
  498 F.2d 404· 3d Cir.· 1974-06-07 ·cited 2×
  The court held that the jury instructions on transferred intent and self-defense, as supplemented, accurately summarized the applicable law and that other contentions of error were without merit.
• Diahann D. King v. State
  264 So. 3d 987· Fla. 4th DCA· 2019-02-20 ·cited 1×
  The doctrine of transferred intent does not apply to attempted first degree murder of an unintended victim; the state must prove the defendant's specific intent to kill that particular victim.
• State v. Williams
  127 So. 3d 890· Fla. 1st DCA· 2013-12-05 ·cited 1×
  Florida appeals a trial court order granting Jonathan Williams' Rule 3.850 motion for ineffective assistance of counsel and ordering a new trial on an aggravated battery charge. The court held that Williams established prejudice as a matter of law because his counsel failed to fi
• Hunt v. State
  Fla.· 2026-03-05
  Michael Hunt was convicted of first-degree murder in the death of Alexandra Peck and sentenced to death. On direct appeal to the Florida Supreme Court, Hunt challenged the admissibility of evidence regarding his human trafficking and sexual battery of another victim, the transfer
• David v. State
  Fla. 3d DCA· 2020-06-10
  The appellate court reversed a conviction for attempted manslaughter and aggravated assault, finding that the trial court committed fundamental error by omitting crucial language from the jury instruction on transferred intent. This omission prevented the jury from considering th
• Brown v. Sec'y, Fla. Dep't of Corr.
  M.D. Fla.· 2020-04-14
  Taurice Brown, a Florida inmate, challenged his 2012 conviction for first-degree murder and attempted first-degree murder through a federal habeas corpus petition, raising eight grounds of ineffective assistance of trial counsel. The district court applied the highly deferential