Voluntary Intoxication Defense

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

• Thomas v. State
  734 So. 2d 1138· Fla. 1st DCA· 1999-05-27 ·cited 8×
  The court held that the trial court's reasons for summarily denying the first claim of ineffective assistance of counsel were insufficient to conclusively refute the allegations.
• Seraphin v. State
  706 So. 2d 913· Fla. 4th DCA· 1998-02-18 ·cited 8×
  The court held that a defendant's allegations that counsel failed to advise him of the voluntary intoxication defense to a specific intent crime were sufficient to state a claim for ineffective assistance of counsel.
• Ferguson v. State
  693 So. 2d 596· Fla. 2d DCA· 1997-02-26 ·cited 8×
  Richard Ferguson appeals his convictions for aggravated assault on a law enforcement officer, fleeing and eluding, and driving with a suspended license. The appellate court reversed and remanded for a new trial, finding reversible error in the trial court's denial of Ferguson's r
• Frey v. State
  679 So. 2d 37· Fla. 2d DCA· 1996-08-16 ·cited 8×
  Appellant Thomas Frey was convicted of battery (lesser included offense of aggravated battery on a law enforcement officer) and resisting arrest with violence. On appeal, he challenged the denial of a voluntary intoxication jury instruction and certain probation conditions. The c
• Cole Augustus Urquhart v. State
  676 So. 2d 64· Fla. 1st DCA· 1996-07-09 ·cited 8×
  The court held that claims of ineffective assistance of counsel based on failure to investigate defenses (intoxication, mental health) and failure to file a timely appeal were facially sufficient and not refuted by the record, requiring reversal and remand.
• Jenkins v. State
  625 So. 2d 883· Fla. 1st DCA· 1993-10-04 ·cited 8×
  Jenkins appealed a trial court's summary denial of his Rule 3.850 motion for post-conviction relief, which raised four grounds for relief. The appellate court affirmed the denial of three grounds that were more appropriate for direct appeal but reversed as to two ineffective assi
• Brown v. State
  614 So. 2d 12· Fla. 1st DCA· 1993-02-12 ·cited 8×
• Reed v. State
  611 So. 2d 48· Fla. 1st DCA· 1992-12-29 ·cited 8×
  Terry Reed appealed the summary denial of his post-conviction motion alleging ineffective assistance of counsel. The appellate court affirmed the denial of his claim regarding failure to object to prison history evidence but reversed and remanded regarding his claim that counsel
• United States v. Bennett
  975 F.2d 305· 6th Cir.· 1992-09-21 ·cited 8×
  The court held that the district court did not abuse its discretion in denying a mistrial, refusing an intoxication instruction, applying an obstruction of justice enhancement, or departing upward from the Sentencing Guidelines based on the defendant's extensive recidivism.
• Bailey v. State
  492 So. 2d 738· Fla. 1st DCA· 1986-07-31 ·cited 8×
  Bailey was convicted of attempted second-degree murder and false imprisonment after stabbing a victim twelve times, then stabbing her twice more after she feigned death. The trial court departed from sentencing guidelines, imposing 30 years and 15 years consecutive, but the appel
• Williams v. NEW England Mut. Life Ins. Co.
  419 So. 2d 766· Fla. 1st DCA· 1982-09-23 ·cited 8×
  This appeal concerns whether three life insurance policies with double indemnity provisions covered the death of Malcolm Ronald Williams, who was shot by police after a disturbing incident at his apartment while intoxicated. The court affirmed denial of coverage under two policie
• Harris v. State
  418 So. 2d 416· Fla. 1st DCA· 1982-08-19 ·cited 8×
  The court held that lewd assault is not a specific intent crime, and therefore, the trial court did not err in denying a jury instruction on voluntary intoxication.
• United States v. Longee
  603 F.2d 1342· 9th Cir.· 1979-06-25 ·cited 8×
  The admission of one defendant's out-of-court statement inculpating a co-defendant, when the declarant does not testify, violates the Confrontation Clause and constitutes plain error, requiring reversal of the co-defendant's conviction.
• United States v. Klare
  545 F.2d 93· 9th Cir.· 1976-11-11 ·cited 8×
  A conviction under the first paragraph of 18 U.S.C. § 2113(a) requires only general intent, not specific intent to steal.
• Nestlerode v. United States
  122 F.2d 56· D.C. Cir.· 1941-07-14 ·cited 8×
  The court held that voluntary intoxication and resulting temporary insanity do not excuse or reduce a charge of second-degree murder to manslaughter, and that the trial court did not err in its rulings on joinder, jury challenges, or jury instructions.
• Boyett v. State
  69 Fla. 648· Fla.· 1915-06-02 ·cited 8×
  This case reviews a conviction for second-degree murder. The appellate court affirmed the conviction, holding that the trial court's jury instructions regarding voluntary intoxication and its effect on premeditation were proper and did not improperly preclude a manslaughter verdi
• Kiley v. State
  860 So. 2d 509· Fla. 4th DCA· 2003-12-03 ·cited 7×
  Defendant Kiley challenged his conviction, claiming his trial counsel was ineffective for failing to seek a competency hearing based on his claimed amnesia about the crime. The appellate court affirmed, holding that amnesia alone does not render a defendant incompetent to stand t
• Carter v. State
  801 So. 2d 113· Fla. 2d DCA· 2001-10-12 ·cited 7×
  The court held that the record did not conclusively refute the defendant's claims regarding voluntary intoxication as a defense and ineffective assistance of counsel for failing to suppress a confession, thus requiring further proceedings.
• Odom v. State
  782 So. 2d 510· Fla. 1st DCA· 2001-04-05 ·cited 7×
• Scott v. State
  779 So. 2d 284· Fla. 2d DCA· 1998-09-02 ·cited 7×
  James Scott challenged the trial court's summary denial of a postconviction motion attacking his guilty pleas on the ground that he was not advised of the voluntary intoxication defense. The court reversed in part, holding that a defendant's statement of satisfaction with counsel
• Brock v. State
  676 So. 2d 991· Fla. 1st DCA· 1996-06-11 ·cited 7×
  James Edward Brock was convicted of battery on law enforcement officers and disorderly conduct after becoming violent while receiving emergency medical treatment at a hospital. On appeal, the court reversed and remanded for a new trial, holding that the trial court abused its dis
• Lark v. State
  617 So. 2d 782· Fla. 1st DCA· 1993-04-28 ·cited 7×
  James Lark appeals his convictions for first-degree murder of Carole Lark and second-degree murder of Wesley Butler. The Florida District Court of Appeal reversed and remanded for a new trial, finding that the trial court improperly allowed the prosecutor to comment on Lark's inv
• Davis v. State
  605 So. 2d 936· Fla. 1st DCA· 1992-09-25 ·cited 7×
  Nicholas Jay Davis appealed the denial of his motion to withdraw a guilty plea to first-degree murder and kidnapping. The court reversed, finding that the trial court failed to conduct the required extensive inquiry into whether Davis had a valid defense (voluntary intoxication n
• United States ex rel. Herman Rucker v. Myers
  311 F.2d 311· 3d Cir.· 1962-11-30 ·cited 7×
  The introduction of the defendant's prior criminal record substantially prejudiced the jury's determination of the penalty, warranting reversal of the death sentence.
• Fletcher v. State
  53 So. 3d 1249· Fla. 4th DCA· 2011-02-23 ·cited 6×
  Thomas Fletcher appeals the summary denial of his rule 3.850 postconviction motion based on newly discovered evidence. The court reverses and remands, holding that while the affidavit presented is defective because it lacks a proper oath, Fletcher should be permitted to refile wi
• Ford v. State
  955 So. 2d 550· Fla.· 2007-04-12 ·cited 6×
  James Ford was convicted of two murders and sentenced to death. On postconviction appeal, Ford challenged his death sentences by claiming his trial counsel was ineffective for pursuing a voluntary intoxication defense against his wishes and for waiving his speedy trial rights wit
• Cobb v. State
  884 So. 2d 437· Fla. 1st DCA· 2004-10-01 ·cited 6×
  Andrea Holloway Cobb appeals her conviction for attempted murder and aggravated battery, challenging the trial court's denial of her motion for mistrial and exclusion of expert testimony regarding involuntary intoxication. The appellate court affirms both rulings, holding that Co
• Chattin v. State
  800 So. 2d 665· Fla. 2d DCA· 2001-11-14 ·cited 6×
  Anthony Chattin appeals the trial court's summary denial of his Rule 3.850 motion for ineffective assistance of counsel. The court affirms the denial of six grounds but reverses and remands two grounds involving counsel's failure to preserve challenges to prospective jurors for c
• Chattin v. State
  779 So. 2d 415· Fla. 2d DCA· 2000-09-20 ·cited 6×
  Anthony Chattin appealed his robbery conviction, challenging the jury selection process on two grounds: the trial court's failure to strike jurors who indicated they could not apply the voluntary intoxication defense, and the prosecution's allegedly race-based peremptory challeng
• Ferrell v. State
  697 So. 2d 198· Fla. 2d DCA· 1997-07-18 ·cited 6×
  Donald Ferrell appeals his conviction for two counts of aggravated battery. The court reversed and remanded for a new trial, holding that the trial court erred by denying Ferrell's challenge for cause of a juror who expressed reluctance to consider voluntary intoxication as a def
• Whitty v. State
  687 So. 2d 869· Fla. 2d DCA· 1997-01-22 ·cited 6×
  Kevin Whitty appealed the denial of his postconviction relief motion in three criminal cases, arguing that his defense counsel was ineffective for failing to pursue a voluntary intoxication defense and that his guilty plea was involuntary based on counsel's misadvice. The court r
• Belcher v. State
  646 So. 2d 231· Fla. 5th DCA· 1994-10-21 ·cited 6×
  Jerry Dean Belcher appeals his convictions for 12 counts of lewd acts upon a child and one count of sexual activity with a child. The appellate court affirms all convictions and sentences, rejecting arguments regarding hearsay admissibility, victim testimony about nighttime screa
• Easley v. State
  629 So. 2d 1046· Fla. 2d DCA· 1993-12-29 ·cited 6×
  Melissa Sue Easley was convicted of first-degree murder and attempted first-degree murder in the shooting death of her former boyfriend. The Florida District Court of Appeal reversed her convictions because the trial court improperly excluded expert testimony on voluntary intoxic
• Hank H. Berry v. State
  586 So. 2d 1229· Fla. 4th DCA· 1991-09-18 ·cited 6×
  Voluntary intoxication is a valid defense to aggravated battery, and the trial court erred by refusing to instruct the jury on this defense when evidence supported it.
• Lobosco v. A.C. Thomas
  928 F.2d 1054· 11th Cir.· 1991-04-16 ·cited 6×
  The court held that while the evidence was insufficient to support the armed robbery conviction, the defendant's other claims regarding ineffective assistance of counsel and the admission of his confession were without merit. The court affirmed the district court's denial of reli
• Barber v. State
  576 So. 2d 825· Fla. 1st DCA· 1991-03-13 ·cited 6×
  Wayne Barber was convicted of first-degree murder for shooting his wife. The First District Court of Appeal reversed and remanded for a new trial, holding that the trial court reversibly erred in excluding a tape recording of Barber's custodial interrogation that was offered to d
• United States v. Loera
  923 F.2d 725· 9th Cir.· 1991-01-16 ·cited 6×
  The court held that there was sufficient evidence to convict the defendant of assault resulting in serious bodily injury, and that evidence of his prior convictions was properly admitted.
• Ulysses Johnson v. State
  565 So. 2d 879· Fla. 5th DCA· 1990-08-16 ·cited 6×
  Ulysses Johnson appealed his conviction for two counts of sexual battery, challenging the denial of his motion for judgment of acquittal, the exclusion of evidence regarding the victim's prior drug use, and the refusal to instruct the jury on voluntary intoxication. The Florida F
• Dick v. Kemp
  833 F.2d 1448· 11th Cir.· 1987-11-24 ·cited 6×
  A jury instruction that unconstitutionally shifted the burden of persuasion on intent was not harmless error because the issue of intent was squarely before the jury and the evidence of intent was not overwhelming.
• Clark v. Rose
  822 F.2d 596· 6th Cir.· 1987-06-24 ·cited 6×
  The Court held that the Sandstrom error in the jury instruction was harmless beyond a reasonable doubt because the evidence overwhelmingly established the defendant's guilt and intent, and the jury would have reached the same verdict regardless of the erroneous instruction.
• Goodell v. Nemeth
  501 So. 2d 36· Fla. 2d DCA· 1986-12-30 ·cited 6×
  The court affirmed dismissal of a negligence complaint brought by an adult plaintiff who shot himself with the defendant's loaded handgun while voluntarily intoxicated at the defendant's home. The court held that the plaintiff could not recover for injuries caused by his own volu
• Richard L. Church v. Kincheloe
  767 F.2d 639· 9th Cir.· 1985-08-01 ·cited 6×
  The dissenting judge believes that counsel's failure to object to an unconstitutional jury instruction and failure to properly present an intoxication defense constituted ineffective assistance of counsel.
• Smith v. State
  461 So. 2d 991· Fla. 1st DCA· 1984-12-17 ·cited 6×
  David Smith appealed the trial court's summary denial of his Rule 3.850 motion for post-conviction relief, raising several grounds including ineffective assistance of counsel regarding his guilty plea to armed robbery. The appellate court affirmed the denial of most claims but re
• Elbert James Hinkle v. Scurr
  677 F.2d 667· 8th Cir.· 1982-05-12 ·cited 6×
  The court held that the appellant's claims regarding inadequate psychiatric examination, ineffective assistance of counsel, and an improper jury instruction on voluntary intoxication did not warrant habeas corpus relief.
• Springer v. Collins
  586 F.2d 329· 4th Cir.· 1978-11-17 ·cited 6×
  The Fourth Circuit held that the trial counsel's failure to investigate an insanity defense did not constitute ineffective assistance of counsel, and that the defendant's post-conviction psychiatric diagnosis was insufficient to establish a valid insanity defense under Maryland l
• State v. McNALLY
  336 So. 2d 713· Fla. 2d DCA· 1976-09-01 ·cited 6×
  Florida sought to strike the insanity defense evidence that defendant McNally intended to present in his manslaughter trial. The appellate court denied certiorari, holding that the psychiatric reports, while generally indicating an absence of qualifying insanity, did not conclusi
• Ingram v. Pettit
  303 So. 2d 703· Fla. 1st DCA· 1974-12-03 ·cited 6×
  In a negligence case arising from a rear-end collision, the court held that voluntary intoxication alone, without more, cannot elevate simple negligence to gross negligence warranting punitive damages. The court affirmed summary judgment for the defendant on punitive damages desp
• Withers v. State
  104 So. 2d 725· Fla.· 1958-07-11 ·cited 6×
  The court held that the evidence was sufficient to sustain the verdict of first-degree murder and that the trial court did not err in admitting the confessions or in denying the motion to excuse prospective jurors.
• Austin v. United States
  208 F.2d 420· 5th Cir.· 1953-11-24 ·cited 6×
  The court held that erroneous jury instructions regarding the admissibility of a death certificate, the defendants' admissions, and the jury's discretion in imposing capital punishment constituted reversible error.
• James v. State
  151 Fla. 534· Fla.· 1942-10-06 ·cited 6×
  George Washington James was convicted of first-degree murder and appealed on grounds of self-defense and voluntary intoxication. The Florida Supreme Court affirmed his conviction, finding the evidence supported premeditation despite his intoxication claims.