Voluntary Intoxication Defense

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

• United States v. Sneezer
  900 F.2d 177· 9th Cir.· 1990-04-02 ·cited 19×
  The court held that attempted sexual abuse requires specific intent, entitling the defendant to a jury instruction on voluntary intoxication. However, abusive sexual contact is not a lesser included offense of attempted sexual abuse.
• In re Standard Jury Instructions IN Crim. Cases-Report 2012-07
  122 So. 3d 302· Fla.· 2013-09-04 ·cited 18×
  The Florida Supreme Court approved new standard criminal jury instructions and amendments to existing instructions proposed by the Supreme Court Committee on Standard Jury Instructions in Criminal Cases, with one exception regarding involuntary intoxication language that the Cour
• Foster v. State
  929 So. 2d 524· Fla.· 2006-03-23 ·cited 18×
  Jermaine Foster appeals the denial of his Rule 3.850 postconviction motion for relief from his death sentence for two murders committed during an armed robbery. Foster raised claims of ineffective assistance of counsel regarding voluntary intoxication and mental disability defens
• Kelly v. Lynaugh
  862 F.2d 1126· 5th Cir.· 1988-12-22 ·cited 18×
  The court held that the appellant's Fifth Amendment rights were not violated by the interrogations, his confession was voluntary, his counsel was not ineffective, and the Texas capital punishment scheme is constitutional as applied.
• United States v. McMILLAN
  820 F.2d 251· 8th Cir.· 1987-05-28 ·cited 18×
  The court held that South Dakota traffic laws can be assimilated into federal law under the Assimilative Crimes Act for purposes of an involuntary manslaughter charge, and that objections to the administration of an intoxilyzer test go to the weight, not admissibility, of the evi
• United States v. Hanson
  618 F.2d 1261· 8th Cir.· 1980-04-01 ·cited 18×
  The court affirmed the convictions, holding that the trial court did not err in refusing to instruct the jury on the defense of justification, in its instructions regarding assault and intoxication, or in its handling of lesser included offenses, cross-examination, voir dire, and
• Zedekiah Suggs v. United States
  407 F.2d 1272· D.C. Cir.· 1969-01-08 ·cited 18×
  The court held that the jury instructions regarding specific intent and possession of recently stolen goods were confusing and erroneous, potentially denying the defendant a fair trial.
• Rivers v. United States
  368 F.2d 362· 9th Cir.· 1966-10-21 ·cited 18×
  The court held that the jury instructions regarding voluntary intoxication and specific intent were adequate, and the refusal of other proposed instructions was proper.
• White v. Pepersack
  352 F.2d 470· 4th Cir.· 1965-11-01 ·cited 18×
  A defendant's trial testimony admitting the homicide does not foreclose a collateral attack on the conviction based on prior constitutional violations, such as unlawful search or coerced confession.
• Hylleberg v. State
  729 So. 2d 409· Fla. 5th DCA· 1999-01-29 ·cited 17×
  Hylleberg appeals the denial of his post-conviction motion under Florida Rule of Criminal Procedure 3.850, arguing the trial court erred by not appointing private counsel to represent him at the evidentiary hearing. The court affirms, holding that there is no absolute right to ap
• T.J. Hayes v. A.L. Lockhart
  852 F.2d 339· 8th Cir.· 1988-07-22 ·cited 17×
  The court held that defense counsel's failure to present mitigating evidence and the prosecutor's inflammatory remarks, combined with counsel's inaction, rendered the trial fundamentally unfair, violating the Sixth Amendment.
• Kitchen v. State
  764 So. 2d 868· Fla. 4th DCA· 2000-08-09 ·cited 16×
  The court held that claims of ineffective assistance of counsel regarding voluntary intoxication and biased jurors, and a claim that the sentence was unconstitutional, were facially sufficient and should not have been summarily denied without record attachments or an evidentiary
• Smith v. State
  719 So. 2d 1017· Fla. 4th DCA· 1998-11-04 ·cited 16×
  Edward F. Smith appeals the summary denial of his rule 3.850 motion for postconviction relief based on ineffective assistance of counsel. The Fourth District Court of Appeal reversed in part, finding that Smith's claim that counsel failed to investigate voluntary intoxication as
• Boutwell v. State
  563 So. 2d 798· Fla. 1st DCA· 1990-06-21 ·cited 16×
  Under Fla.R.Crim.P. 3.850, a trial court must hold an evidentiary hearing or attach portions of the record conclusively refuting ineffective assistance claims; here, the trial court's bare denial without such materials or hearing on claims of failure to raise voluntary intoxicati
• Burch v. State
  478 So. 2d 1050· Fla.· 1985-10-03 ·cited 16×
  Mark Burch was convicted of first-degree murder and sentenced to death for killing a man with a shotgun. The Florida Supreme Court reversed the conviction and remanded for a new trial, holding that the trial court abused its discretion by excluding expert testimony on the effects
• Keys v. Duckworth
  761 F.2d 390· 7th Cir.· 1985-05-01 ·cited 16×
  The court affirmed the denial of the habeas corpus petition, finding no ineffective assistance of counsel.
• Greider v. Duckworth
  701 F.2d 1228· 7th Cir.· 1983-03-09 ·cited 16×
  The court held that the Jackson v. Virginia standard for reviewing sufficiency of evidence under due process does not apply to affirmative defenses like insanity, even if state law places the burden of proof on the prosecution.
• Gentry v. State
  422 So. 2d 1072· Fla. 2d DCA· 1982-12-03 ·cited 16×
  The court held that the intent required to attempt a crime is no greater than the intent necessary to commit the crime itself, meaning voluntary intoxication can be a defense to attempted second-degree murder.
• United States v. Burnim
  576 F.2d 236· 9th Cir.· 1978-06-05 ·cited 16×
  The court held that voluntary intoxication, even when combined with an underlying mental defect, cannot serve as a defense to a general intent crime if the mental defect alone would not have rendered the defendant insane.
• Colson v. State
  73 So. 2d 862· Fla.· 1954-07-23 ·cited 16×
  Colson was convicted of resisting a sheriff in the performance of his lawful duty under Florida law. On appeal, he argued he was too intoxicated to form the required intent of acting 'knowingly and willfully.' The court affirmed, holding that the jury's finding that he was capabl
• Swilley v. Econ. Cab Co. of Jacksonville
  46 So.2d 173· Fla.· 1950-05-09 ·cited 16×
  The Florida Supreme Court reviewed a case where a passenger sued a taxicab company after being injured by another vehicle while the taxicab was stopped for a flat tire. The court held that while a carrier owes a high duty of care to an intoxicated passenger, this duty does not ma
• Merck v. State
  124 So. 3d 785· Fla.· 2013-01-24 ·cited 15×
  Troy Merck, Jr. appeals the denial of his Rule 3.851 postconviction motion challenging his death sentence for a 1991 murder. The Florida Supreme Court affirmed the denial of Merck's ineffective assistance of counsel claims and habeas petition, finding no deficiency in counsel's p
• Buzia v. State
  82 So. 3d 784· Fla.· 2011-12-08 ·cited 15×
  John M. Buzia, a death-row prisoner, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas petition challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court affirmed the postconviction court's denials, finding no in
• Hill v. Moore
  175 F.3d 915· 11th Cir.· 1999-05-14 ·cited 15×
  Clarence Edward Hill, a Florida death row inmate, challenged his murder conviction and death sentence through federal habeas corpus, raising claims of ineffective assistance of counsel, trial court errors in considering mitigating evidence, and prosecutorial misconduct. The Eleve
• Ervin Alphonso Bartley v. State
  689 So. 2d 372· Fla. 1st DCA· 1997-02-25 ·cited 15×
  Ervin Alphonso Bartley, an inmate, appealed the denial of his Rule 3.850 motion for post-conviction relief, claiming his trial counsel was ineffective for failing to investigate a voluntary intoxication defense and that a prior felony conviction was improperly used both to enhanc
• Davis v. State
  687 So. 2d 292· Fla. 2d DCA· 1997-01-17 ·cited 15×
  Paul Allen Davis appealed the denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850. The court affirmed the rejection of his ineffective assistance of counsel claim but reversed the denial based on timeliness, holding the motion was timely file
• Wright v. State
  675 So. 2d 1009· Fla. 2d DCA· 1996-06-19 ·cited 15×
  George Wright appealed the trial court's summary denial of his Rule 3.850 motion, challenging the effectiveness of his guilty-plea counsel. The appellate court reversed one of his eight claims regarding counsel's failure to investigate a voluntary intoxication defense, finding it
• United States v. Lavallie
  666 F.2d 1217· 8th Cir.· 1981-12-18 ·cited 15×
  The court held that an unwarranted jury instruction on voluntary intoxication, given without evidentiary support and irrelevant to the general intent crime charged, was substantially prejudicial and denied the defendant a fair trial.
• Krishna Persaud v. State
  821 So. 2d 411· Fla. 2d DCA· 2002-07-17 ·cited 14×
  The appellate court affirmed in part and reversed in part a postconviction motion challenging a defendant's sentence and the denial of certain claims. The defendant was resentenced after the State conceded he was entitled to resentencing under Heggs v. State.
• Tauric Lamar Griggs v. State
  744 So. 2d 1145· Fla. 4th DCA· 1999-10-27 ·cited 14×
  The court held that a trial court's finding of sound trial strategy is generally inappropriate without an evidentiary hearing when determining ineffective assistance of counsel claims.
• McKINNEY v. State
  722 So. 2d 933· Fla. 1st DCA· 1998-12-21 ·cited 14×
  McKinney appeals the summary denial of his Rule 3.850 motion for postconviction relief claiming ineffective assistance of counsel for failing to present a voluntary intoxication defense at his burglary trial. The court reverses, finding the allegations legally sufficient to state
• Hester v. State
  732 So. 2d 331· Fla. 1st DCA· 1998-06-22 ·cited 14×
  Hester appealed the denial of his 3.850 postconviction relief motion, arguing his trial counsel was ineffective for failing to investigate and present a voluntary intoxication defense to kidnapping and armed robbery charges. The appellate court reversed on this claim, finding it
• Gerardo Plaza v. State
  699 So. 2d 289· Fla. 3d DCA· 1997-09-10 ·cited 14×
  Defendant Gerardo Plaza appeals his convictions for first degree murder, armed burglary, and armed robbery, challenging the trial court's allowance of four peremptory strikes by the State against female jurors on gender discrimination grounds. The appellate court affirmed, findin
• Kiser v. State
  678 So. 2d 859· Fla. 1st DCA· 1996-08-12 ·cited 14×
  The court held that allegations of trial counsel's failure to present a relevant videotape are legally sufficient to state a claim for ineffective assistance of counsel, requiring an evidentiary hearing or record support for denial.
• Randolph v. State
  526 So. 2d 931· Fla. 1st DCA· 1988-05-11 ·cited 14×
  Carl Randolph was convicted of arson and burglary after a jury trial. The Florida appellate court reversed the burglary conviction, holding that the trial court erred by refusing to instruct the jury on voluntary intoxication as a defense to burglary, where evidence supported tha
• Olin Shaw v. State
  510 So. 2d 349· Fla. 2d DCA· 1987-07-22 ·cited 14×
  The court held that the evidence was sufficient to prove intent for retail theft, even with evidence of intoxication, and that court costs imposed without a hearing should be stricken.
• United States v. Kurka
  818 F.2d 1427· 9th Cir.· 1987-06-03 ·cited 14×
  The court held that the statute should be read disjunctively, creating two separate prohibited acts with different mens rea requirements.
• Major Burrus v. Young
  808 F.2d 578· 7th Cir.· 1986-12-17 ·cited 14×
  The exclusion of expert testimony regarding the sobering effects of trauma, even if admissible under state law, did not violate the defendant's constitutional right to a fair trial or due process.
• Presley v. State
  388 So. 2d 1385· Fla. 2d DCA· 1980-10-22 ·cited 14×
  Kenneth Presley appeals the summary denial of his post-conviction motion alleging ineffective assistance of privately retained counsel. The court reverses, holding that Cuyler v. Sullivan establishes that ineffective assistance claims apply to both retained and appointed counsel,
• United States v. Jewett
  438 F.2d 495· 8th Cir.· 1971-02-18 ·cited 14×
  The court held that the trial court did not err in admitting testimony regarding Indian land title and in giving a jury instruction on voluntary intoxication.
• United States ex rel. Nelson Miner v. Erickson
  428 F.2d 623· 8th Cir.· 1970-06-05 ·cited 14×
  The court held that the petitioner did not make an intelligent and understanding waiver of his right to counsel due to his limited capacity and lack of comprehension of the charges and defenses.
• Pooler v. State
  980 So. 2d 460· Fla.· 2008-01-31 ·cited 13×
  Leroy Pooler appeals the denial of his postconviction motion seeking to vacate his first-degree murder conviction and death sentence. The Florida Supreme Court affirmed the trial court's denial, rejecting ineffective assistance of counsel claims and finding that nine summarily de
• Gray v. State
  731 So. 2d 816· Fla. 5th DCA· 1999-04-30 ·cited 13×
  The court affirmed the conviction, holding that Florida law does not recognize a voluntary insanity defense, and that voluntary intoxication is only a defense if it prevents the formation of specific intent.
• Huffman v. Ricketts
  750 F.2d 798· 9th Cir.· 1984-12-28 ·cited 13×
  The court held that the Arizona Court of Appeals did not apply a procedural bar when it addressed the merits of Huffman's federal constitutional claim, and that the jury instructions, when viewed as a whole, did not create an unconstitutional presumption that shifted the burden o
• Smith v. State
  117 Fla. 458· Fla.· 1934-11-12 ·cited 13×
  Herman Smith was convicted of first-degree murder without recommendation for mercy. The Florida Supreme Court affirmed the conviction, rejecting his challenge to the denial of a motion for new trial based on alleged newly discovered evidence that he was intoxicated at the time of
• State v. Woodel
  145 So. 3d 782· Fla.· 2014-06-05 ·cited 12×
  Thomas Woodel was convicted of murdering an elderly couple and sentenced to death. On postconviction review under Rule 3.851, Woodel claimed ineffective assistance of counsel at the penalty phase based on inadequate mitigation investigation, mental health evaluation, and failure
• Stimus v. State
  995 So. 2d 1149· Fla. 5th DCA· 2008-12-05 ·cited 12×
  The court held that the defendant could not present an involuntary intoxication defense because he consumed prescription medication in amounts far exceeding the prescribed dosage.
• Reaves v. State
  942 So. 2d 874· Fla.· 2006-09-14 ·cited 12×
  William Reaves, a death row inmate, appealed the denial of his Rule 3.851 motion for post-conviction relief, arguing that his trial counsel was ineffective for failing to present a voluntary intoxication defense and for failing to pursue live testimony and forensic testing at the
• CUC v. State
  834 So. 2d 378· Fla. 4th DCA· 2003-01-15 ·cited 12×
  The trial court did not violate due process by excluding the defense of voluntary intoxication pursuant to section 775.051, Florida Statutes.
• Lewis v. State
  817 So. 2d 933· Fla. 4th DCA· 2002-05-15 ·cited 12×
  The court held that the voluntary intoxication defense was not available for felony battery, as it is a general intent crime, rendering the statute eliminating the defense inapplicable.