Voluntary Intoxication Defense

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

• Occhicone v. State
  768 So. 2d 1037· Fla.· 2000-06-29 ·cited 522×
  Dominick Occhicone, convicted of first-degree murder in 1986 and sentenced to death, sought postconviction relief under Florida Rule of Criminal Procedure 3.850, challenging his conviction and sentence on multiple grounds including Brady violations, false evidence, incompetency,
• Scurry v. State
  489 So. 2d 25· Fla.· 1986-06-05 ·cited 221×
  Willie Scurry Jr. challenged his 30-year sentence for second-degree murder, arguing that the trial court improperly relied on invalid reasons to depart from sentencing guidelines. The Florida Supreme Court held that all thirteen reasons given by the trial court were either legall
• Dusty Ray Spencer v. State
  842 So. 2d 52· Fla.· 2003-01-09 ·cited 215×
  Dusty Ray Spencer appeals the denial of his Rule 3.850 postconviction motion and petitions for habeas corpus following his conviction for first-degree murder and imposition of a death sentence. The Florida Supreme Court affirms the trial court's denial of postconviction relief an
• Garner v. State
  28 Fla. 113· Fla.· 1891-06-01 ·cited 214×
  I. T. Garner was convicted of first-degree murder in Suwannee County. The Florida Supreme Court reversed due to multiple errors: improper exclusion of evidence regarding the deceased's threats and violent character, erroneous jury instructions on voluntary intoxication that faile
• Grosvenor v. State
  874 So. 2d 1176· Fla.· 2004-03-25 ·cited 207×
  The Florida Supreme Court resolved a conflict among district courts regarding the standard for proving prejudice in ineffective assistance of counsel claims based on guilty pleas, holding that a defendant need not show the underlying defense would have succeeded at trial, only th
• Sochor v. State
  619 So. 2d 285· Fla.· 1993-05-06 ·cited 195×
  Dennis Sochor appeals his convictions for kidnapping and first-degree murder, and his death sentence, following the disappearance and presumed death of an 18-year-old victim on New Year's Eve 1981. The Florida Supreme Court upholds all convictions and the death sentence, rejectin
• Zack v. State
  753 So. 2d 9· Fla.· 2000-01-06 ·cited 177×
  Michael Duane Zack III was convicted of first-degree murder, sexual battery, and robbery in the death of Ravonne Kennedy Smith. The Florida Supreme Court affirmed his conviction and death sentence, rejecting twelve appellate challenges including claims regarding admissibility of
• Preston v. State
  444 So. 2d 939· Fla.· 1984-01-19 ·cited 175×
  Robert Preston was convicted of premeditated murder and related felonies in the death of convenience store clerk Earline Walker. The Florida Supreme Court affirmed his conviction and death sentence, rejecting challenges to the admission of evidence from a search of his bedroom, t
• Bruno v. State
  807 So. 2d 55· Fla.· 2001-12-06 ·cited 168×
  Michael Bruno, sentenced to death for a 1986 murder, appealed the denial of his Rule 3.850 postconviction motion claiming ineffective assistance of counsel and other constitutional violations. The Florida Supreme Court affirmed the trial court's denial, finding that Bruno failed
• Linehan v. State
  476 So. 2d 1262· Fla.· 1985-08-29 ·cited 163×
  Voluntary intoxication is not a defense to arson, a general intent crime, and therefore does not apply to first-degree felony murder when arson is the underlying felony. Second-degree murder is a necessarily lesser included offense of first-degree felony murder, and failure to in
• Koon v. Dugger
  619 So. 2d 246· Fla.· 1993-03-25 ·cited 157×
  Raymond Leon Koon, a death row inmate, appealed the denial of his postconviction relief motion and habeas corpus petition challenging his 1979 murder conviction and death sentence. The Florida Supreme Court affirmed the denial, finding most claims procedurally barred and rejectin
• Chestnut v. State
  538 So. 2d 820· Fla.· 1989-01-05 ·cited 140×
  The Florida Supreme Court held that evidence of diminished mental capacity is inadmissible to negate the specific intent required for first-degree premeditated murder absent an insanity defense. The court rejected adoption of the diminished capacity doctrine, finding it would cre
• Milo A. Rose v. State
  617 So. 2d 291· Fla.· 1993-03-11 ·cited 133×
  Milo Rose, a death-row inmate, appealed the denial of his motion for postconviction relief following his 1982 murder conviction and death sentence. The Florida Supreme Court affirmed the denial, rejecting claims of ineffective assistance of counsel at both guilt and penalty phase
• Gardner v. State
  480 So. 2d 91· Fla.· 1985-12-12 ·cited 130×
  Kenneth Gardner was convicted of first-degree murder and robbery and sentenced to death for the stabbing death of Joseph Holda during a robbery. The Florida Supreme Court vacated the convictions and remanded for a new trial due to the trial judge's failure to instruct the jury on
• Dufour v. State
  905 So. 2d 42· Fla.· 2005-04-14 ·cited 129×
  Donald Dufour appeals denial of his postconviction motion for relief from his 1986 death sentence for first-degree murder and petitions for habeas corpus. The Florida Supreme Court affirmed the trial court's denial of all relief, finding that trial counsel's performance was not i
• Rivera v. State
  717 So. 2d 477· Fla.· 1998-06-11 ·cited 121×
  Michael T. Rivera, a death row inmate, challenged his capital conviction and sentence through a Rule 3.850 post-conviction motion. The Florida Supreme Court affirmed most of the trial court's denials but reversed the summary denial regarding penalty phase ineffective assistance o
• Kramer v. State
  619 So. 2d 274· Fla.· 1993-04-29 ·cited 121×
  The Florida Supreme Court reviewed a death sentence imposed on Larry Dean Kramer for the first-degree murder of Walter Edward Traskos. The Court affirmed the conviction but reduced the sentence to life imprisonment without possibility of parole for twenty-five years, finding the
• Harich v. Dugger
  844 F.2d 1464· 11th Cir.· 1988-04-21 ·cited 120×
  The court affirmed the panel's holding that the claim was not procedurally barred, and reached the merits of the claim.
• Cirack v. State
  201 So. 2d 706· Fla.· 1967-07-05 ·cited 109×
  Charles Alexander Cirack was convicted of first-degree murder and sentenced to death for killing Moses Jackson during a robbery. The Florida Supreme Court affirmed the conviction and sentence, rejecting Cirack's challenges to the evidentiary ruling excluding expert psychiatric te
• Johnson v. State
  593 So. 2d 206· Fla.· 1992-01-02 ·cited 103×
  Terrell Johnson, a death row inmate, appealed the denial of his Rule 3.850 motion for post-conviction relief challenging his conviction and death sentence for first-degree murder. The Florida Supreme Court affirmed the trial court's denial, rejecting all twelve claims Johnson sou
• Jones v. State
  855 So. 2d 611· Fla.· 2003-09-11 ·cited 101×
  Victor Tony Jones, a death-row inmate, appeals denial of postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitions for habeas corpus. The Florida Supreme Court affirmed the denial, upholding the trial court's findings that trial counsel's strategic decisi
• Gurganus v. State
  451 So. 2d 817· Fla.· 1984-05-03 ·cited 101×
  Gurganus was convicted of two counts of first-degree murder and two counts of attempted first-degree murder for a shooting at a convenience store. The Florida Supreme Court reversed all convictions and ordered a new trial because the trial court erroneously excluded expert psycho
• Francina King v. United States
  372 F.2d 383· D.C. Cir.· 1966-12-21 ·cited 100×
  The court held that the testimony supporting the insanity defense was insufficient to require a directed verdict, and the prosecutor's conduct was not improper.
• Patton v. State
  784 So. 2d 380· Fla.· 2000-09-28 ·cited 98×
  Robert Patton appeals the trial court's summary denial of his Rule 3.850 postconviction motion challenging his death sentence for first-degree murder of a Miami police officer. The Florida Supreme Court remands for an evidentiary hearing on whether counsel was ineffective for fai
• Dolan Darling v. State
  966 So. 2d 366· Fla.· 2007-07-12 ·cited 97×
  Dolan Darling, convicted of first-degree murder and sentenced to death, sought postconviction relief under Florida Rule of Criminal Procedure 3.851 and filed a habeas petition. The Florida Supreme Court affirmed the denial of his motion to vacate and rejected his habeas claims, h
• Harich v. State
  484 So. 2d 1239· Fla.· 1986-03-18 ·cited 97×
  A death-sentenced defendant alleging ineffective assistance of counsel must show that counsel's acts or omissions fell outside the wide range of professionally competent assistance and that there is a reasonable probability the outcome would have been different. Affirming the den
• Robinson v. State
  520 So. 2d 1· Fla.· 1988-01-28 ·cited 96×
  Johnny Robinson appealed his conviction for first-degree murder and death sentence in a capital case involving the kidnapping, rape, and murder of a white woman. The Florida Supreme Court affirmed the murder conviction but reversed the death sentence due to improper prosecutorial
• Reaves v. State
  826 So. 2d 932· Fla.· 2002-06-20 ·cited 93×
  William Reaves, a death row inmate, appealed the summary denial of his Rule 3.850 postconviction motion. The Florida Supreme Court remanded for an evidentiary hearing on his ineffective assistance of counsel claim regarding his trial counsel's failure to present a voluntary intox
• Knowles v. State
  632 So. 2d 62· Fla.· 1993-12-16 ·cited 90×
  Randall Knowles was convicted of two first-degree murders and sentenced to death. The Florida Supreme Court reversed his conviction for the murder of Carrie Woods, reducing it to second-degree murder, and vacated his death sentence for the murder of his father, remanding for life
• Ingram v. Pettit
  340 So. 2d 922· Fla.· 1976-12-09 ·cited 88×
  The Florida Supreme Court reviewed whether a jury should consider punitive damages when negligence is coupled with intoxication, specifically in a rear-end collision case.
• Johnson v. State
  769 So. 2d 990· Fla.· 2000-07-13 ·cited 86×
  Paul Beasley Johnson, a death row inmate, appealed the denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850, raising eight claims including Brady/Giglio violations, ineffective assistance of counsel, and public records access issues. The Flori
• United States v. Claret Echeverry
  759 F.2d 1451· 9th Cir.· 1985-05-10 ·cited 85×
  The court held that the jury instructions on intoxication were adequate, the Jencks Act violation was harmless, and the admission of out-of-court statements did not constitute reversible error.
• Hannon v. State
  941 So. 2d 1109· Fla.· 2006-08-31 ·cited 82×
  Patrick Hannon was convicted of two first-degree murders and sentenced to death. He appealed the circuit court's denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial of postconviction relief, rejecting inef
• Patrick v. State
  104 So. 3d 1046· Fla.· 2012-12-06 ·cited 81×
  Eric Kurt Patrick appeals his conviction and death sentence for the first-degree murder of Steven Schumacher, a 73-year-old man who took him in after his recent release from prison. The Florida Supreme Court affirmed both the conviction and death sentence after addressing sevente
• Lavado v. State
  492 So. 2d 1322· Fla.· 1986-08-21 ·cited 80×
  The Florida Supreme Court held that a trial court erred in restricting defense counsel's voir dire questioning about prospective jurors' ability to accept voluntary intoxication as a defense in an armed robbery case, thereby violating the defendant's right to a fair and impartial
• Hall v. State
  78 Fla. 420· Fla.· 1919-11-13 ·cited 79×
  Marion Hall was convicted of murdering Arnold Mitchell during a dispute at a dance in Walton County, Florida, and sentenced to death. Hall appealed on numerous grounds including claims of intoxication-induced insanity and alleged errors in jury instructions, but the Florida Supre
• Linehan v. State
  442 So. 2d 244· Fla. 2d DCA· 1983-11-09 ·cited 78×
  Mitchell Linehan was convicted of arson and first-degree felony murder for setting a fire in his girlfriend's apartment building that killed one person. On appeal, the court addressed three novel questions: whether voluntary intoxication is a defense to arson, whether it is a def
• Penn v. State
  574 So. 2d 1079· Fla.· 1991-01-15 ·cited 77×
  James Randall Penn was convicted of first-degree murder and sentenced to death for brutally beating his mother to death with a hammer while under the influence of crack cocaine. The Florida Supreme Court affirmed his conviction but vacated his death sentence, finding that the tri
• Stewart v. State
  801 So. 2d 59· Fla.· 2001-09-20 ·cited 76×
  Kenneth Allen Stewart, a death row inmate, challenged his 1986 capital conviction and death sentence through a Rule 3.850 motion for postconviction relief, raising claims of ineffective assistance of counsel, Brady violations, and constitutional defects in the capital sentencing
• Buford v. State
  492 So. 2d 355· Fla.· 1986-06-05 ·cited 72×
  Robert Lewis Buford appeals the denial of his post-conviction motion to vacate his death sentence for first-degree murder. The Florida Supreme Court affirms the denial, rejecting claims that the sentence violates Enmund v. Florida and that Buford received ineffective assistance o
• Hooper v. State
  476 So. 2d 1253· Fla.· 1985-08-15 ·cited 71×
  Harold Hooper was convicted of first-degree murder of his sister-in-law and niece, attempted second-degree murder of his nephew, and sentenced to death for both murders. On appeal, Hooper challenged various trial procedures and evidentiary rulings, all of which the Florida Suprem
• Heath v. State
  3 So. 3d 1017· Fla.· 2009-01-29 ·cited 70×
  Ronald Palmer Heath sought post-conviction relief from his death sentence for the first-degree murder of Michael Sheridan. The Florida Supreme Court affirmed the denial of his Rule 3.851 motion, rejecting claims of newly discovered evidence (recanted testimony from his brother Ke
• Lawrence v. State
  831 So. 2d 121· Fla.· 2002-10-17 ·cited 70×
  Gary Lawrence, a death row inmate, appeals the denial of his Rule 3.850 postconviction motion and habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of relief, finding that Lawrence's claims of ineffective assistance of counsel and appellate couns
• Patton v. State
  878 So. 2d 368· Fla.· 2004-05-20 ·cited 68×
  Robert Patton appeals the trial court's denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus review following his conviction for first-degree murder and death sentence in the 1981 shooting death of a Miami police officer. The Florida Supreme C
• Pentecost v. State
  545 So. 2d 861· Fla.· 1989-06-29 ·cited 68×
  David Pentecost was convicted of first-degree murder in the death of his mother-in-law, Junevis Smith, and sentenced to death despite the jury's recommendation of life imprisonment. The Florida Supreme Court affirmed the conviction but vacated the death sentence, finding the tria
• Patterson v. State
  513 So. 2d 1257· Fla.· 1987-10-15 ·cited 67×
  Scott Patterson appeals his convictions for first-degree murder, sexual battery, and burglary, and his death sentence. The Florida Supreme Court affirmed the convictions but remanded for a new sentencing hearing due to multiple sentencing errors, including improper delegation of
• Folks v. State
  85 Fla. 238· Fla.· 1923-02-26 ·cited 66×
  Floyd Folks was convicted of manslaughter (rather than murder) in the death of Lonnie Studstill following a shooting incident during an intoxicated automobile trip. The Florida Supreme Court affirmed the conviction, rejecting challenges to the admission of dying declarations and
• United States v. Lopez
  575 F.2d 681· 9th Cir.· 1978-01-23 ·cited 63×
  The dissenting judge argues that prosecutorial comment on the defendant's silence was not harmless error and, combined with other trial errors, denied the defendant a fair trial.
• State v. Heathcoat
  442 So. 2d 955· Fla.· 1983-12-15 ·cited 62×
  A defendant preserves for appellate review the issue of a trial court's failure to give a requested jury instruction when the record clearly shows the defendant made a specific request for the instruction, the trial judge fully understood the request and its grounds, and the judg
• Fouts v. State
  374 So. 2d 22· Fla. 2d DCA· 1979-07-06 ·cited 62×
  The Florida District Court of Appeal reversed an escape conviction, establishing three new rules of law: (1) the nature of a prior crime underlying a lawful confinement cannot be revealed to the jury even though the fact of prior conviction is an essential element of escape; (2)