Voluntary Intoxication Defense

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

• Mejia v. State
  675 So. 2d 996· Fla. 1st DCA· 1996-06-18 ·cited 32×
  Carlos Omar Mejia appealed his convictions for first-degree murder and robbery, raising three issues: whether the trial court violated his right to be present during jury selection by failing to ensure an intelligent and voluntary waiver of presence at bench conferences; whether
• Cordova v. Collins
  953 F.2d 167· 5th Cir.· 1992-01-21 ·cited 32×
• Gould v. State
  558 So. 2d 481· Fla. 2d DCA· 1990-03-14 ·cited 32×
  Gary Gould appealed his convictions for kidnapping, sexual battery, and battery arising from a brutal attack on his live-in girlfriend Tracy. The appellate court affirmed the kidnapping and some sexual battery convictions but reversed two sexual battery convictions for which the
• United States v. Harvey
  428 F.2d 782· 9th Cir.· 1970-06-22 ·cited 32×
  The court held that the trial court did not err in refusing to define 'wilfully' and 'feloniously' as the Arizona statute for assault with a deadly weapon does not require proof of specific intent to harm when a traditional deadly weapon is used, and the given instructions substa
• Martin v. Maggio
  711 F.2d 1273· 5th Cir.· 1983-08-15 ·cited 31×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the conviction or sentence.
• Chadwick D. Banks v. State
  842 So. 2d 788· Fla.· 2003-03-20 ·cited 30×
  Chadwick Banks, a death row inmate, appealed the trial court's denial of his Rule 3.850 motion for postconviction relief and filed a habeas corpus petition, challenging his death sentence on grounds of ineffective assistance of counsel and constitutional defects in Florida's deat
• State v. Williams
  797 So. 2d 1235· Fla.· 2001-08-23 ·cited 30×
  The Florida Supreme Court affirmed a trial court's order granting Freddie Lee Williams a new death penalty sentencing proceeding due to ineffective assistance of counsel during the penalty phase, while also affirming the denial of his ineffective assistance claims regarding the g
• van Loan v. State
  736 So. 2d 803· Fla. 2d DCA· 1999-07-21 ·cited 30×
  Todd Van Loan appeals his conviction for attempted second-degree murder, arguing the trial court committed fundamental error by failing to instruct the jury on the definitions of excusable and justifiable homicide. The appellate court agrees and reverses, finding that such jury i
• State v. Bias
  653 So. 2d 380· Fla.· 1995-03-30 ·cited 30×
  The Florida Supreme Court addressed whether expert testimony about the combined effects of a defendant's mental disease and voluntary intoxication on his ability to form specific intent is admissible. The Court held that such testimony is admissible under strict limitations desig
• Thornton Brunson v. State
  605 So. 2d 1006· Fla. 1st DCA· 1992-10-12 ·cited 30×
  Appellant's claim of ineffective assistance of counsel for failure to investigate a voluntary intoxication defense to first-degree murder, based on his alleged consumption of alcohol and crack cocaine shortly before the shooting, states a sufficient basis for postconviction relie
• United States ex rel. Nathaniel Simmons v. Gramley
  915 F.2d 1128· 7th Cir.· 1990-10-09 ·cited 30×
  The court held that the petitioner failed to prove ineffective assistance of counsel, either at trial or during post-conviction proceedings, and that the district court did not err in denying an evidentiary hearing.
• Heddleson v. State
  512 So. 2d 957· Fla. 4th DCA· 1987-06-17 ·cited 30×
  The court held that the trial judge's remarks to the jury constituted an impermissible Allen charge, and the denial of a voluntary intoxication instruction for kidnapping was reversible error.
• United States v. Washington
  819 F.2d 221· 9th Cir.· 1987-06-05 ·cited 30×
• Kruchten v. Eyman
  406 F.2d 304· 9th Cir.· 1969-01-17 ·cited 30×
  The court held that the appellant did not receive ineffective assistance of counsel and was not denied due process, as the attorney acted in good faith and there was no actual conflict of interest.
• McBRIDE v. State
  191 So. 2d 70· Fla. 1st DCA· 1966-10-18 ·cited 30×
  Thomas McBride was convicted of manslaughter for shooting and killing another person. On appeal, he challenged the sufficiency of the circumstantial evidence used to prove his guilt, but the court affirmed the conviction, finding the evidence sufficient to meet the demanding stan
• Krause v. State
  98 So. 3d 71· Fla. 4th DCA· 2012-07-05 ·cited 28×
  The appellate court affirmed the conviction, holding that while the trial court gave an erroneous jury instruction regarding voluntary intoxication, it did not constitute fundamental error requiring reversal.
• Pace v. State
  854 So. 2d 167· Fla.· 2003-05-22 ·cited 28×
  Bruce Douglas Pace appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for a writ of habeas corpus following his conviction for first-degree murder and armed robbery of a taxicab driver. The Florida Supreme Court affirms the postconviction court's
• Guisasola v. State
  667 So. 2d 248· Fla. 1st DCA· 1995-08-23 ·cited 28×
  This case involves an appeal from the summary denial of a post-conviction motion alleging ineffective assistance of counsel. The appellate court found that the motion presented sufficient allegations regarding the investigation and presentation of a voluntary intoxication defense
• Henry v. United States
  432 F.2d 114· 9th Cir.· 1970-09-16 ·cited 28×
  The court held that an indictment's erroneous citation of statutes was harmless error where the elements charged and proven corresponded to the correct statute, and that the federal statutory scheme for prosecuting major crimes in Indian country, including § 1153, does not violat
• Salvadore Arroyo v. State
  564 So. 2d 1153· Fla. 4th DCA· 1990-07-05 ·cited 27×
  Salvadore Arroyo was convicted of attempted armed burglary based on his possession of a pocket knife during an unauthorized entry into an apartment. The Fourth District reversed the conviction because the state failed to prove the pocket knife was a dangerous weapon, but affirmed
• Groover v. State
  489 So. 2d 15· Fla.· 1986-06-03 ·cited 27×
  Tommy Groover was convicted of three counts of first-degree murder and sentenced to death on two counts. His Rule 3.850 motion for postconviction relief was denied without an evidentiary hearing. The Florida Supreme Court granted a stay of execution and remanded for an evidentiar
• Montero v. State
  996 So. 2d 888· Fla. 4th DCA· 2008-11-19 ·cited 26×
  Angel Montero challenged his guilty plea conviction for burglary and dealing in stolen property under Rule 3.850, alleging ineffective assistance of counsel for failing to advise him of an involuntary intoxication defense based on prescribed medications. The Fourth District Court
• Brown v. State
  790 So. 2d 389· Fla.· 2000-10-05 ·cited 26×
  The Florida Supreme Court answered a certified question of great public importance: whether the crime of attempted second-degree murder exists in Florida. The Court held that it does exist, requiring proof that the defendant intentionally committed an act imminently dangerous to
• Etheria Verdell Jackson v. Dugger
  633 So. 2d 1051· Fla.· 1993-09-09 ·cited 26×
  Etheria Jackson, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial, finding no merit to Jackson's ineffective assistance of counsel claims, procedural bar
• White v. State
  616 So. 2d 21· Fla.· 1993-03-25 ·cited 26×
  Reginald White was convicted of first-degree murder for shooting his ex-girlfriend Melinda Scantling after breaking into her apartment. The Florida Supreme Court affirmed his conviction but reduced his death sentence to life imprisonment without parole for 25 years, finding the d
• Graham v. State
  406 So. 2d 503· Fla. 3d DCA· 1981-11-03 ·cited 26×
  Graham appeals his conviction for robbery with a firearm, raising two issues: the trial court's failure to instruct the jury on specific intent as an element of robbery, and the denial of his motion to suppress evidence obtained from an illegal warrantless arrest in a motel room.
• Rudolf v. State
  851 So. 2d 839· Fla. 2d DCA· 2003-08-08 ·cited 25×
  William Rudolf appealed a summary denial of his postconviction relief motion claiming ineffective assistance of counsel. The Second District reversed in part, finding that Rudolf stated a viable claim regarding counsel's failure to properly convey plea offers and that his convict
• Lavado v. State
  469 So. 2d 917· Fla. 3d DCA· 1985-05-28 ·cited 25×
  Appellant Lavado was convicted of armed robbery following a trial where the court refused to permit voir dire questions about the voluntary intoxication defense and denied a request to poll jurors about exposure to prejudicial radio broadcasts. The court affirmed the conviction,
• United States v. Costello
  760 F.2d 1123· 11th Cir.· 1985-05-20 ·cited 25×
  The court held that the district court did not abuse its discretion in denying motions for continuance of the trial and sentencing, nor in refusing jury instructions on insanity and involuntary intoxication.
• Sampson v. State
  751 So. 2d 602· Fla. 2d DCA· 1998-11-20 ·cited 24×
  The appellate court affirmed the denial of one post-conviction relief claim regarding the right to self-representation but reversed and remanded another claim concerning ineffective assistance of counsel for failing to present an intoxication defense. The court found that the tri
• Rosalio Rios v. State
  696 So. 2d 469· Fla. 2d DCA· 1997-07-02 ·cited 24×
  The trial court abused its discretion by failing to conduct an adequate inquiry into the defendant's desire to discharge his court-appointed counsel.
• Jones v. State
  289 So. 2d 725· Fla.· 1974-02-06 ·cited 24×
  Jones was convicted of first-degree murder and sentenced to death, with the sentence later commuted to life imprisonment. The Florida Supreme Court reversed because the trial court erred in requiring Jones to testify before allowing psychiatric expert testimony on his insanity de
• Young v. State
  661 So. 2d 406· Fla. 1st DCA· 1995-10-18 ·cited 23×
  Court reversed denial of post-conviction relief and remanded for evidentiary hearing on claim that trial counsel failed to investigate voluntary intoxication defense to drug possession charge.
• Bender v. State
  472 So. 2d 1370· Fla. 3d DCA· 1985-07-30 ·cited 23×
  Bender was convicted of attempted murder in the first degree, but the Florida District Court of Appeal reversed because the trial court erred in excluding expert psychiatric testimony based on a C.A.T. scan showing cerebral atrophy and organic brain syndrome. The court held that
• Miller v. State
  712 So. 2d 451· Fla. 2d DCA· 1998-06-17 ·cited 22×
  Rocky Lee Miller appeals his convictions for burglary of a dwelling, petit theft, and attempted burglary. The court reversed and remanded for a new trial, finding that the prosecutor's closing argument improperly ridiculed Miller's voluntary intoxication defense and misstated the
• Hernandez v. State
  686 So. 2d 735· Fla. 2d DCA· 1997-01-08 ·cited 22×
  The trial court erred in denying a peremptory strike of a potential juror based on occupation, entitling the defendant to a new trial.
• Bland v. State
  563 So. 2d 794· Fla. 1st DCA· 1990-06-21 ·cited 22×
  Larry Bland appeals from denial of his Rule 3.850 motion for ineffective assistance of counsel, claiming his trial counsel failed to defend on the basis of voluntary intoxication. The court affirmed, holding that counsel's strategy focusing on consent and lack of initiation of th
• Vito Matarese v. LeFEVRE
  801 F.2d 98· 2d Cir.· 1986-09-12 ·cited 22×
  The court held that it lacked jurisdiction to review the original habeas corpus judgment due to an untimely notice of appeal, but it had jurisdiction to review the denial of the Rule 60(b)(6) motion.
• Brooks v. W.J. Estelle, Jr.
  697 F.2d 586· 5th Cir.· 1982-12-06 ·cited 22×
  The court denied the application for a stay of execution because there was no substantial question concerning the correctness of the district court's judgment and the claims presented lacked merit.
• Bell v. State
  354 So. 2d 1266· Fla. 3d DCA· 1978-02-14 ·cited 22×
  The court affirmed the conviction for robbery and possession of a firearm during a felony, holding that specific intent is not a required element of robbery under the current Florida Statute § 812.13.
• Kemp v. Gov't of Canal Zone
  167 F.2d 938· 5th Cir.· 1948-05-15 ·cited 22×
  The court held that while the jury instructions regarding extenuating circumstances were erroneous, the defendant waived his right to confrontation by not objecting, and the appellate court could modify the sentence.
• Wilson v. State
  871 So. 2d 298· Fla. 1st DCA· 2004-04-19 ·cited 20×
  Donald Wilson appeals the summary denial of his Rule 3.850 postconviction relief motion. The appellate court affirms in part and reverses in part, finding that two of Wilson's ineffective assistance of counsel claims are facially sufficient and require an evidentiary hearing, whi
• Lovett v. State
  773 So. 2d 574· Fla. 3d DCA· 2000-11-15 ·cited 20×
  The court affirmed in part and reversed in part an order denying postconviction relief, remanding for an evidentiary hearing on the claim of ineffective assistance of counsel for failing to offer a voluntary intoxication defense, and reversed the habitual violent felony offender
• Barnard v. Collins
  958 F.2d 634· 5th Cir.· 1992-04-03 ·cited 20×
  The court held that the Texas capital sentencing statute, as applied, did not unconstitutionally prevent the jury from considering mitigating evidence, and that Barnard's claims of ineffective assistance of counsel lacked merit.
• White v. State
  559 So. 2d 1097· Fla.· 1990-03-15 ·cited 20×
  Jerry White appealed the denial of postconviction relief under Florida Rule of Criminal Procedure 3.850 after being convicted of murder and armed robbery and sentenced to death. The Florida Supreme Court affirmed the denial, holding that White failed to demonstrate ineffective as
• Couch v. Trickey
  892 F.2d 1338· 8th Cir.· 1989-12-28 ·cited 20×
  The court held that trial counsel was not ineffective for failing to pursue a mental illness defense based on intoxication without psychosis, as it did not constitute a "mental disease or defect" under Missouri law.
• United States v. JIM
  865 F.2d 211· 9th Cir.· 1989-01-10 ·cited 20×
  18 U.S.C. § 111, prohibiting assault on a federal officer, is a general intent crime. Therefore, the defense of voluntary intoxication is not applicable.
• Owen v. State
  441 So. 2d 1111· Fla. 3d DCA· 1983-11-08 ·cited 20×
  The court held that the trial court's justifications for retaining jurisdiction over the sentence were irrelevant and inconsistent with the jury's verdict, thus vacating that portion of the sentence.
• Rivers v. State
  425 So. 2d 101· Fla. 1st DCA· 1982-12-22 ·cited 20×
  Roy Rivers was convicted of armed robbery but appeals claiming trial errors denied him a fair trial. The appellate court found reversible error in the trial court's failure to give a limiting instruction on 'Williams' Rule' evidence (evidence of other crimes) at the time such evi
• Parker v. United States
  359 F.2d 1009· D.C. Cir.· 1966-04-12 ·cited 20×
  Voluntary intoxication is not a defense to assault with a dangerous weapon because the statute does not require a specific intent to inflict injury.