Voluntary Intoxication Defense

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

• Harich v. Louie L. Wainwright
  813 F.2d 1082· 11th Cir.· 1987-03-18 ·cited 61×
  Defense counsel's performance was not deficient, and the defendant was not prejudiced by counsel's strategy, thus counsel was not ineffective.
• Troy v. State
  948 So. 2d 635· Fla.· 2006-10-19 ·cited 60×
  John Troy was convicted of first-degree murder, armed burglary, armed robbery, and attempted sexual battery in the death of Bonnie Carroll, and sentenced to death by a jury vote of 11-1. The Florida Supreme Court affirmed the convictions and death sentence, rejecting constitution
• 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
• Sochor v. State
  580 So. 2d 595· Fla.· 1991-05-02 ·cited 59×
  Dennis Sochor appeals his convictions for kidnapping and first-degree murder and his death sentence for the disappearance and presumed killing of an 18-year-old female on New Year's Eve 1981. The Florida Supreme Court affirmed all convictions and the death penalty, finding suffic
• Remeta v. Dugger
  622 So. 2d 452· Fla.· 1993-04-15 ·cited 58×
  Daniel Eugene Remeta, sentenced to death for murder and robbery of a convenience store clerk, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850 and habeas corpus, raising sixteen claims of ineffective assistance of counsel and procedural violations. The
• United States v. Williams
  892 F.2d 296· 3d Cir.· 1989-12-26 ·cited 57×
  The court held that while the trial court erred in prohibiting cross-examination of a witness regarding a prior conviction to show bias, this error was harmless beyond a reasonable doubt, and the exclusion of expert testimony on blackout was proper for a general intent crime.
• Holsworth v. State
  522 So. 2d 348· Fla.· 1988-02-18 ·cited 57×
  Eric Brian Holsworth was convicted of first-degree murder for the 1984 stabbing death of Alice Dzikowski in Florida. The Florida Supreme Court affirmed his conviction but reduced his death sentence to life imprisonment, finding the trial judge improperly overrode the jury's recom
• J.C. Fead, Sr. v. State
  512 So. 2d 176· Fla.· 1987-09-03 ·cited 57×
  J.C. Fead was convicted of first-degree murder and sentenced to death despite a jury recommendation of life imprisonment. The Florida Supreme Court vacated the death sentence, holding that valid mitigating factors existed upon which the jury could have relied, making the trial ju
• The Fla. Bar re Standard Jury Instructions-Criminal
  508 So. 2d 1221· Fla.· 1987-05-28 ·cited 57×
  The Florida Supreme Court approved recommended amendments and new instructions for standard jury instructions in criminal cases submitted by the Supreme Court Committee on Standard Jury Instructions (Criminal), covering sexual battery offenses, theft, DUI manslaughter, entrapment
• Henry v. State
  948 So. 2d 609· Fla.· 2006-10-12 ·cited 56×
  John Ruthell Henry, sentenced to death for murdering his five-year-old stepson Eugene, appealed the denial of his postconviction motion claiming ineffective assistance of counsel. The Florida Supreme Court affirmed the denial, holding that defense counsel's deliberate strategy of
• United States v. Hartfield
  513 F.2d 254· 9th Cir.· 1975-03-12 ·cited 56×
• Davis v. State
  875 So. 2d 359· Fla.· 2003-11-20 ·cited 55×
  Eddie Wayne Davis was convicted of murdering an 11-year-old child and sentenced to death. On postconviction appeal, Davis challenged his conviction and sentence based on ineffective assistance of trial and appellate counsel and alleged constitutional violations under Ring and App
• Orme v. State
  896 So. 2d 725· Fla.· 2005-02-24 ·cited 54×
  Roderick Michael Orme, a death row inmate, appealed the denial of his post-conviction motion for relief and sought habeas corpus review. The Florida Supreme Court found that trial counsel provided ineffective assistance during the penalty phase by failing to investigate and prese
• Kokal v. Dugger
  718 So. 2d 138· Fla.· 1998-07-16 ·cited 54×
  Gregory Alan Kokal, sentenced to death for a 1983 murder committed during a robbery, appealed the denial of his Rule 3.850 ineffective assistance of counsel motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial of both relief and the death sente
• Kennedy Eberhardt v. State
  550 So. 2d 102· Fla. 1st DCA· 1989-09-26 ·cited 54×
  Kennedy Eberhardt was convicted of burglary by jury verdict after being found asleep in a business office. The Florida District Court of Appeal reversed and remanded for a new trial because multiple trial errors—including exclusion of voluntary intoxication evidence, admission of
• Edwards v. State
  428 So. 2d 357· Fla. 3d DCA· 1983-03-22 ·cited 54×
  The court held that the trial court erred in denying a jury instruction on voluntary intoxication and in failing to rebuke the prosecutor for an improper closing argument appealing to sympathy.
• Whitfield v. State
  923 So. 2d 375· Fla.· 2005-11-03 ·cited 53×
  Ernest Whitfield was convicted of first-degree murder and sentenced to death. On appeal of his postconviction 3.850 motion, he challenged his conviction and sentence based on ineffective assistance of counsel claims. The Florida Supreme Court affirmed the denial of all claims, fi
• Norberto Pietri v. State
  885 So. 2d 245· Fla.· 2004-08-26 ·cited 52×
  Norberto Pietri was convicted of the 1988 murder of West Palm Beach police officer Brian Chappell and sentenced to death. On postconviction relief under Florida Rule 3.850, Pietri alleged multiple instances of ineffective assistance of counsel. The Florida Supreme Court affirmed
• Dillbeck v. State
  643 So. 2d 1027· Fla.· 1994-04-21 ·cited 52×
  Donald Dillbeck appeals his convictions for first-degree murder, armed robbery, and armed burglary, and his death sentence for killing a woman during an attempted carjacking while escaping from prison. The Florida Supreme Court affirms all convictions and sentences, addressing is
• Holland v. State
  773 So. 2d 1065· Fla.· 2000-10-05 ·cited 50×
  Albert Holland was convicted of murdering Pompano Beach police officer Scott Winters during an armed robbery and attempted sexual battery. On direct appeal of his death sentence, the Florida Supreme Court affirmed his convictions and death penalty, rejecting twenty-two claims of
• Engle v. Dugger
  576 So. 2d 696· Fla.· 1991-01-15 ·cited 50×
  Gregory Scott Engle was convicted of first-degree murder and sentenced to death after a jury override. The Florida Supreme Court addressed his postconviction motion and habeas corpus petition, rejecting most claims as procedurally barred or without merit, but ordering disclosure
• Mellins v. State
  395 So. 2d 1207· Fla. 4th DCA· 1981-03-11 ·cited 50×
  The court held that the trial court erred in refusing to give a jury instruction on the defense of voluntary intoxication when there was some evidence to support it, even if the defendant's testimony was inconsistent.
• Henry v. State
  862 So. 2d 679· Fla.· 2003-10-09 ·cited 49×
  John Ruthell Henry appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 following his conviction and death sentence for the murder of his estranged wife. The Florida Supreme Court affirms the denial, holding that retrial counse
• Chadwick v. Green
  740 F.2d 897· 11th Cir.· 1984-08-31 ·cited 49×
  A defendant need not demonstrate prejudice for ineffective assistance of counsel only in rare circumstances where the adversarial process is presumptively unreliable, not merely when state action impedes counsel's preparation.
• Grim v. State
  971 So. 2d 85· Fla.· 2007-10-04 ·cited 46×
  Norman Grim, a death row inmate, appealed the denial of his motion for postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's order, rejecting multiple claims of ineffective assistance of counsel, Brady violations, a
• Street v. State
  636 So. 2d 1297· Fla.· 1994-03-31 ·cited 46×
  Charles Harry Street was convicted of two counts of first-degree murder for killing two Metro-Dade police officers during a struggle after police responded to a disturbance call. The Florida Supreme Court affirmed his conviction and death sentence, rejecting multiple claims of tr
• Owens v. Louie L. Wainwright
  698 F.2d 1111· 11th Cir.· 1983-02-22 ·cited 46×
  The court held that the petitioner's guilty plea was voluntary and knowing, his counsel was effective, and the challenged statute was constitutional.
• Flores v. State
  662 So. 2d 1350· Fla. 2d DCA· 1995-11-17 ·cited 45×
  The court held that the trial court erred in summarily denying the motion for postconviction relief without an evidentiary hearing, as the allegations were not conclusively refuted by the record.
• Pope v. State
  458 So. 2d 327· Fla. 1st DCA· 1984-10-02 ·cited 45×
  Ben Pope appeals his conviction for attempted premeditated murder, arguing the trial court erred by refusing to instruct the jury on the voluntary intoxication defense. The court reverses, holding that when any evidence of intoxication exists for a specific intent crime, the jury
• Gov't of the Virgin Islands v. Carmona
  422 F.2d 95· 3d Cir.· 1970-01-22 ·cited 44×
  The court held that the trial court erred by failing to instruct the jury on the essential element of specific intent for robbery and by refusing to instruct the jury on second-degree murder as a lesser included offense.
• Coe Kane v. United States
  399 F.2d 730· 9th Cir.· 1968-08-19 ·cited 44×
  The court held that the trial court did not err in denying the defendant's motion for acquittal, as the evidence did not support an insanity defense based on pathological intoxication, and voluntary intoxication is generally not a defense.
• Wilburn R. Crews v. State
  143 Fla. 263· Fla.· 1940-05-31 ·cited 44×
  The Florida Supreme Court affirmed a first-degree murder conviction and death sentence. The court addressed several assignments of error, including the denial of continuances based on pending insanity proceedings, the denial of funds for a psychiatric examination, the admission o
• Burton Thomas v. State
  47 Fla. 99· Fla.· 1904-01-01 ·cited 44×
  Burton Thomas was convicted of murder in the second degree after being indicted for murder in the first degree. He appealed on thirty-six grounds in his motion for new trial and multiple assignments of error, but the Florida Supreme Court found no reversible error and affirmed hi
• Frey v. State
  708 So. 2d 918· Fla.· 1998-03-05 ·cited 43×
  The Florida Supreme Court held that resisting arrest with violence is a general intent crime, not a specific intent crime, and therefore the defense of voluntary intoxication does not apply to it. The court rejected the defendant's argument that his extreme intoxication should ha
• Cross v. State
  89 Fla. 212· Fla.· 1925-03-02 ·cited 43×
  James Cross was convicted of manslaughter for the December 1923 killing of Philip P. Lord. On appeal, Cross challenged several trial rulings, primarily objecting to the trial judge's order directing the sheriff to compel his counsel to sit down during jury voir dire and attacking
• Songer v. State
  419 So. 2d 1044· Fla.· 1982-09-09 ·cited 42×
  Carl Ray Songer appeals the denial of his motion to vacate his death sentence for first-degree murder. The Florida Supreme Court affirms the trial court's denial, addressing claims of fundamental instructional error, ineffective assistance of counsel, and procedural challenges to
• Britts v. State
  158 Fla. 839· Fla.· 1947-05-02 ·cited 42×
  Joseph Edward Britts was convicted of assault with intent to commit manslaughter for shooting a patrolman. The Florida Supreme Court reversed his conviction, holding that uncontradicted medical evidence established that Britts was suffering from alcoholic hallucinosis at the time
• McCOY v. State
  598 So. 2d 169· Fla. 1st DCA· 1992-04-29 ·cited 41×
  Richard McCoy appealed the denial of two motions for post-conviction relief challenging his guilty plea and sentence for attempted armed robbery as a habitual violent felony offender. The court reversed the denial of the first motion regarding ineffective assistance of counsel cl
• United States v. Johnston
  543 F.2d 55· 8th Cir.· 1976-10-20 ·cited 40×
  The court held that voluntary intoxication is not a defense to attempted bank robbery under 18 U.S.C. § 2113(a) because the statute does not require specific intent. The court also held that the government did not suppress evidence that was lost by state police.
• Carpenter v. United States
  264 F.2d 565· 4th Cir.· 1959-03-12 ·cited 40×
  The court held that a defendant who testifies waives the privilege against self-incrimination and cannot selectively suppress relevant, incriminating facts, and that the Mallory rule does not apply to state custody unless state officials act as federal agents.
• Cary Michael Lambrix v. State
  534 So. 2d 1151· Fla.· 1988-11-30 ·cited 39×
  Cary Michael Lambrix, sentenced to death for a 1983 double murder, appealed the trial court's denial of his motion for postconviction relief, claiming ineffective assistance of trial counsel for failing to present evidence of his alcohol consumption and alcoholism. The Florida Su
• Bertolotti v. State
  534 So. 2d 386· Fla.· 1988-04-07 ·cited 38×
  Anthony Bertolotti, a death row inmate, appealed the trial court's denial of his Rule 3.850 postconviction motion claiming ineffective assistance of counsel. The Florida Supreme Court affirmed the denial, finding that while counsel was deficient in failing to pursue a mental heal
• Russell v. State
  373 So. 2d 97· Fla. 2d DCA· 1979-07-25 ·cited 37×
  Russell was convicted of battery of a law enforcement officer after stealing cigarettes and resisting arrest. The trial court denied his request for a jury instruction on voluntary intoxication as a defense, ruling that battery is a general intent crime. The appellate court rever
• Whitfield v. State
  706 So. 2d 1· Fla.· 1997-09-11 ·cited 36×
  Ernest Whitfield was convicted of armed burglary, sexual battery with a deadly weapon, and first-degree murder in the stabbing death of Claretha Reynolds. The Florida Supreme Court affirmed his convictions and death sentence, rejecting his arguments regarding courtroom removal, a
• Price v. State
  487 So. 2d 34· Fla. 1st DCA· 1986-02-20 ·cited 36×
  A trial court must hold an evidentiary hearing on a post-conviction motion alleging ineffective assistance of counsel when the defendant presents sufficient evidence that counsel failed to investigate a potential insanity-by-intoxication defense despite the defendant's history of
• Crusoe v. State
  183 So. 2d 600· Fla. 2d DCA· 1966-02-23 ·cited 36×
  Hubert Robert Crusoe appealed from a trial court order denying his post-conviction relief motion under Criminal Procedure Rule No. 1. The court affirmed the denial, finding his motion was deficient in alleging specific factual claims and that the allegations raised only issues th
• Hester v. State
  503 So. 2d 1342· Fla. 1st DCA· 1987-03-11 ·cited 34×
  Albert Hester appealed his conviction for five felonies (attempted second-degree murder, aggravated assault, and armed robberies) and his sentence as a habitual offender. The court affirmed the conviction and sentence, rejecting his challenge to the denial of a voluntary intoxica
• Jenkins v. State
  58 Fla. 62· Fla.· 1909-06-01 ·cited 34×
  This case reviews a conviction for breaking and entering a store with intent to commit petit larceny. The appellate court affirmed the conviction, finding no error in the trial court's rulings on evidentiary objections and concluding that the evidence supported the jury's finding
• Pinkney Carter v. State
  980 So. 2d 473· Fla.· 2008-02-14 ·cited 33×
  Pinkney Carter was convicted of three counts of first-degree murder for killing Elizabeth Reed, Glenn Pafford, and Courtney Smith during a confrontation at Reed's home in 2002. Carter was sentenced to death for the murders of Reed and Pafford, and to life imprisonment for Smith's
• Jones v. State
  949 So. 2d 1021· Fla.· 2006-12-14 ·cited 33×
  David Wyatt Jones challenges his death sentence for murdering Lori McRae by raising claims of ineffective assistance of trial and appellate counsel. The Florida Supreme Court affirmed the trial court's denial of post-conviction relief and habeas corpus petition, rejecting all ine