Voluntary Intoxication Defense

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

• James v. State
  775 So. 2d 347· Fla. 1st DCA· 2000-10-06 ·cited 12×
  Rudolph James appealed the denial of his Rule 3.850 motion for post-conviction relief, claiming ineffective assistance of counsel and illegal sentence enhancement. The court affirmed the ineffective assistance claim but reversed the attempted first-degree murder sentence, finding
• Szymanowski v. State
  771 So. 2d 10· Fla. 4th DCA· 2000-09-27 ·cited 12×
  Michael Szymanowski appealed the summary denial of his rule 3.850 post-conviction motion alleging ineffective assistance of counsel. The Fourth District Court of Appeal affirmed the denial of his first ineffective assistance claim regarding rejection of a plea offer, but reversed
• United States v. Cooper
  812 F.2d 1283· 10th Cir.· 1987-02-27 ·cited 12×
  The court held that giving lesser included offense instructions based solely on the 'inherent relationship' test over the defendant's objection violates due process.
• United States v. Lewis
  780 F.2d 1140· 4th Cir.· 1986-01-09 ·cited 12×
  The court held that evidence of a prior altercation was admissible, that assault resulting in serious bodily injury under 18 U.S.C. § 113(f) requires general intent, and that jury instructions on the unavailability of insanity and intoxication defenses were proper.
• Tafoya v. U.S. Dep't of Just.
  748 F.2d 1389· 10th Cir.· 1984-11-20 ·cited 12×
  The United States Courts of Appeals lack subject matter jurisdiction to review administrative denials of benefits under the Public Safety Officers’ Benefits Act (PSOBA).
• United States v. Henderson
  680 F.2d 659· 9th Cir.· 1982-07-01 ·cited 12×
  The court held that the government failed to prove Henderson's voluntary ingestion of alcohol caused his incapacity, making the insanity defense available.
• United States v. Shuckahosee
  609 F.2d 1351· 10th Cir.· 1979-11-15 ·cited 12×
  The court affirmed the conviction, holding that voluntary intoxication does not support an insanity defense and that accomplice and intoxicated witness instructions were not required due to corroborating evidence and general jury instructions.
• O'Quinn v. State
  364 So. 2d 775· Fla. 1st DCA· 1978-11-03 ·cited 12×
  The appellate court affirmed the trial court's denial of a motion to vacate a guilty plea for first-degree murder. The defendant argued ineffective assistance of counsel and that his plea was not knowing and voluntary, but the court found these claims unsupported by the evidence.
• United States v. Scott
  529 F.2d 338· D.C. Cir.· 1975-12-24 ·cited 12×
  The dissenting judge believes the conviction should be affirmed, but the sentence should be modified to include probation.
• United States v. Leavitt
  478 F.2d 1101· 1st Cir.· 1973-05-18 ·cited 12×
  A sentencing court has reasonable discretion to proceed with sentencing even if the defendant is intoxicated, provided the defendant has not demonstrated substantial injustice or a failure to afford the appearance of justice.
• United States v. Jacobs
  473 F.2d 461· 10th Cir.· 1973-02-12 ·cited 12×
  The court held that the trial court did not err in refusing to instruct the jury on insanity, as the evidence did not support such a defense and voluntary intoxication was not a complete defense.
• Davis v. State
  990 So. 2d 459· Fla.· 2008-06-05 ·cited 11×
  Adam Davis was convicted of first-degree murder and sentenced to death for killing Vicki Robinson in 1998. On appeal of his post-conviction relief motion, the Florida Supreme Court affirmed the lower court's denial of relief, rejecting Davis's multiple ineffective assistance of c
• Stewart v. Crosby
  880 So. 2d 529· Fla.· 2004-05-13 ·cited 11×
  Kenneth Stewart petitions for a writ of habeas corpus challenging his death sentence for first-degree felony murder and related crimes. The Florida Supreme Court denies the petition, holding that Florida's capital sentencing scheme is constitutional under Ring and Apprendi, and t
• Barrett v. State
  862 So. 2d 44· Fla. 2d DCA· 2003-09-26 ·cited 11×
  Peter Barrett appeals his first-degree murder conviction, challenging the constitutionality of Florida Statute § 775.051, which eliminates voluntary intoxication as a defense to criminal charges. The Second District Court of Appeal affirms the conviction, holding that the statute
• 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
• Songer v. Wainwright
  571 F. Supp. 1384· M.D. Fla.· 1983-07-14 ·cited 11×
  The court held that the petitioner was not denied effective assistance of counsel at either the guilt/innocence or penalty stages of his trial.
• Kimball E. Reese v. State
  869 So. 2d 1225· Fla. 2d DCA· 2004-03-26 ·cited 10×
  The court held that the record attachments did not conclusively refute the defendant's claim of ineffective assistance of counsel regarding voluntary intoxication and duress defenses, requiring further proceedings.
• Flores v. State
  853 So. 2d 566· Fla. 3d DCA· 2003-09-03 ·cited 10×
  Alexander Flores appealed his convictions for burglary, kidnapping, false imprisonment, robbery, theft, and carjacking, arguing that the trial court improperly admitted evidence of uncharged crimes to establish identity when identity was not at issue, and that the carjacking char
• Miller v. State
  805 So. 2d 885· Fla. 2d DCA· 2001-10-12 ·cited 10×
  John Robert Miller appeals his convictions for burglary with a firearm and shooting into a building, arguing the trial court improperly instructed the jury on the involuntary intoxication defense. The court holds that involuntary intoxication can be a defense to specific intent c
• Sweet v. State
  693 So. 2d 644· Fla. 4th DCA· 1997-04-23 ·cited 10×
  The Fourth District Court of Appeal reversed John Sweet's convictions for robbery and burglary of a conveyance with battery, holding that the trial court improperly excluded cross-examination evidence about Sweet's cocaine use and drug problem, which was central to his voluntary
• Collier v. State
  681 So. 2d 856· Fla. 5th DCA· 1996-10-18 ·cited 10×
  Leroy Collier was convicted of aggravated battery and attempted false imprisonment after stabbing his girlfriend and chasing her into a tavern. On appeal, he challenged the trial court's admission of a statement about his prior incarceration and cross-examination regarding a rece
• Kennedy v. State
  633 So. 2d 1145· Fla. 2d DCA· 1994-03-18 ·cited 10×
  The court held that a defendant is entitled to an evidentiary hearing if counsel provided incorrect advice regarding the voluntary intoxication defense to a specific intent crime, potentially allowing withdrawal of a guilty plea.
• United States v. Norquay
  987 F.2d 475· 8th Cir.· 1993-02-08 ·cited 10×
  The court affirmed Norquay's conviction and sentence, affirmed Schoenborn's conviction, but reversed Schoenborn's sentence and remanded for resentencing.
• Healey v. State
  556 So. 2d 488· Fla. 2d DCA· 1990-02-02 ·cited 10×
• Watkins v. State
  519 So. 2d 760· Fla. 1st DCA· 1988-02-10 ·cited 10×
  Thomas Watkins appealed his conviction for robbery with a firearm, arguing the trial court erred in denying his oral request for a jury instruction on voluntary intoxication. The Florida appellate court affirmed, holding that the instruction request should have been submitted in
• Chestnut v. State
  505 So. 2d 1352· Fla. 1st DCA· 1987-02-23 ·cited 10×
• Parker v. State
  471 So. 2d 1352· Fla. 2d DCA· 1985-06-28 ·cited 10×
  Defendant's conviction for battery on a law enforcement officer was reversed and remanded for new trial because the trial court erred in refusing a jury instruction on voluntary intoxication as a defense to that specific intent crime, while convictions for simple battery and resi
• Evans v. State
  452 So. 2d 1093· Fla. 2d DCA· 1984-07-11 ·cited 10×
  Charles Evans was convicted of battery on a law enforcement officer. On appeal, he contended that the trial court erred in denying his motion for judgment of acquittal because his intoxication negated the specific intent required for the crime. The appellate court affirmed, holdi
• Mullin v. State
  425 So. 2d 219· Fla. 2d DCA· 1983-01-19 ·cited 10×
  Patrick Brian Mullin appeals his convictions for sexual battery and kidnapping, challenging the trial court's consolidation of the separately charged offenses without advance notice and its exclusion of expert testimony regarding the effects of volatile hydrocarbon inhalation. Th
• United States v. Larsen
  525 F.2d 444· 10th Cir.· 1975-07-28 ·cited 10×
  The court held that the defendant's conviction was supported by sufficient evidence and that his trial counsel's actions did not constitute ineffective assistance of counsel.
• Rivera v. State
  187 So. 3d 822· Fla.· 2015-11-25 ·cited 9×
  Michael T. Rivera, convicted of first-degree murder and sentenced to death for killing 11-year-old Staci Lynn Jazvac in 1986, appealed a denial of successive postconviction relief challenging his conviction based on Giglio/Brady violations related to jailhouse informant Frank Zuc
• Farr v. State
  124 So. 3d 766· Fla.· 2012-11-29 ·cited 9×
  Victor Marcus Farr challenges his death sentence conviction by appealing the trial court's denial of his Rule 3.851 motion for post-conviction relief and filing a habeas corpus petition. The Florida Supreme Court affirms the denial of post-conviction relief and denies the habeas
• Lucherini v. State
  932 So. 2d 521· Fla. 4th DCA· 2006-06-21 ·cited 9×
  Eugene Lucherini was convicted of first-degree murder and armed burglary, but the Florida Fourth District Court of Appeal reversed because the trial court abused its discretion by excluding evidence of his lawful prescription medications in support of an involuntary intoxication
• Childers v. State
  782 So. 2d 513· Fla. 1st DCA· 2001-04-05 ·cited 9×
  Terry Childers appeals the summary denial of his Rule 3.850 post-conviction motion for ineffective assistance of counsel. The appellate court reverses in part and remands several ineffective assistance claims for evidentiary hearing, including claims regarding failure to present
• Carita Corpuz v. State
  733 So. 2d 1048· Fla. 4th DCA· 1999-03-24 ·cited 9×
  Appellant Corpuz appeals her conviction for sexual battery on a child under twelve, raising an insanity defense based on expert testimony that she experienced a psychotic episode from intoxication. The court affirms, holding that the experts' own admissions that intoxicated perso
• Richardson v. State
  723 So. 2d 910· Fla. 1st DCA· 1999-01-08 ·cited 9×
  Richardson appeals the summary denial of his Rule 3.850 motion for post-conviction relief. The court reversed in part, holding that where a defendant sworn alleges counsel never advised him of a viable legal defense (voluntary intoxication), a plea agreement cannot conclusively r
• Spivey v. State
  680 So. 2d 565· Fla. 1st DCA· 1996-08-07 ·cited 9×
  This case involves an inmate seeking post-conviction relief based on ineffective assistance of counsel. The appellate court found that the inmate's claim regarding counsel's failure to investigate a voluntary intoxication defense was facially sufficient and remanded the case for
• Renuka Prasad v. Allstate Ins. Co.
  644 So. 2d 992· Fla.· 1994-09-22 ·cited 9×
  The Florida Supreme Court held that an insured person's intentional injury to another is not covered by a homeowner's insurance policy's intentional acts exclusion, even if the insured is psychotic, provided the insured intended to cause the injury. The court rejected the view th
• Broxson v. State
  505 So. 2d 1361· Fla. 1st DCA· 1987-04-10 ·cited 9×
  State correctional officers are not within the scope of section 843.01, Florida Statutes, which prohibits resisting law enforcement officers with violence. The trial court properly refused a voluntary intoxication instruction where the defendant's trial theory denied committing t
• Heathcoat v. State
  430 So. 2d 945· Fla. 2d DCA· 1983-04-20 ·cited 9×
  John Heathcoat was convicted of burglary, robbery, aggravated battery, and aggravated assault. The Florida District Court of Appeal reversed his convictions, finding that the trial court erred by limiting cross-examination regarding his intoxication and by refusing to instruct th
• Quincy L. Harris v. State
  415 So. 2d 135· Fla. 5th DCA· 1982-06-16 ·cited 9×
  Harris appealed his convictions for first-degree burglary and attempted sexual battery, arguing that the trial court erred in denying his motion for directed verdict based on voluntary intoxication evidence. The Fifth District Court of Appeal affirmed, holding that when intoxicat
• Garrett Statler v. State
  310 So. 3d 133· Fla.· 2022-10-13 ·cited 8×
  The Florida Supreme Court upheld section 794.011(5)(b) of the sexual battery statute as constitutional, holding that sexual battery is a crime of general intent requiring the State to prove the victim did not consent, but not requiring proof that the defendant knew or should have
• Sullivan v. Sec'y, Fla. Dep't OF Corr.
  837 F.3d 1195· 11th Cir.· 2016-09-20 ·cited 8×
  Kevin Sullivan was convicted of fleeing police, cocaine possession, and drug paraphernalia possession after his trial counsel, unaware that Florida had abolished voluntary intoxication as a defense in 1999, advised him to reject a pretrial plea offer and proceed to trial based on
• In re Standard Jury Instructions IN Crim. Cases (NO.2005-5)
  939 So. 2d 1052· Fla.· 2006-09-28 ·cited 8×
  The Florida Supreme Court authorized the publication and use of amended standard jury instructions for criminal cases addressing changes in Florida law regarding the insanity defense, voluntary intoxication, and related matters. The amendments implemented statutory changes enacte
• Gibbs v. State
  904 So. 2d 432· Fla. 4th DCA· 2005-02-23 ·cited 8×
  Charlie Gibbs appeals his second degree murder conviction for shooting Debra Baker during a confrontation at her home. The Fourth District Court of Appeal affirms, rejecting arguments that the state failed to prove the depraved mind element, that prosecutorial misconduct occurred
• McCANN v. State
  854 So. 2d 788· Fla. 2d DCA· 2003-09-05 ·cited 8×
  Timothy McCann appeals the trial court's denial of his postconviction relief motions under Florida Rules of Criminal Procedure 3.850 and 3.800(a), challenging his convictions on multiple grounds. The appellate court reversed in part, finding that the trial court erred in summaril
• Damren v. State
  838 So. 2d 512· Fla.· 2003-01-23 ·cited 8×
  Floyd Damren, a death row inmate, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas corpus petition challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court affirmed the trial court's denial of postconviction re
• Straitwell v. State
  834 So. 2d 918· Fla. 2d DCA· 2003-01-15 ·cited 8×
  The court held that the plea transcript did not refute the defendant's claim of ineffective assistance of counsel for failing to pursue a voluntary intoxication defense, requiring further proceedings.
• Robbins v. State
  816 So. 2d 783· Fla. 2d DCA· 2002-05-10 ·cited 8×
  Gene Reed Robbins appealed the denial of his Rule 3.850 postconviction motion claiming ineffective assistance of trial counsel and entitlement to resentencing under Heggs v. State. The court affirmed the trial court's denial of all claims, holding that habitual violent felony off
• O'Bryant v. State
  765 So. 2d 745· Fla. 1st DCA· 2000-05-22 ·cited 8×
  The court held that the denial of postconviction relief for claims regarding voluntary intoxication defense and involuntary plea due to misadvised penalty range was improper.