Voluntary Intoxication Defense

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

• Mullaney v. Prudential Ins. Co. of N. Am.
  125 F.2d 900· 5th Cir.· 1942-02-26 ·cited 6×
  Death resulting from an altercation where the insured was the aggressor is not considered accidental, even if the insured was voluntarily intoxicated.
• McDowell v. State
  110 Fla. 404· Fla.· 1933-06-06 ·cited 6×
  Claude McDowell was convicted of rape in Volusia County and appealed to the Florida Supreme Court challenging the denial of his motion for continuance. The Court affirmed the conviction, finding the evidence of guilt overwhelming and that the defendant's intoxication defense was
• Mosely v. State
  842 So. 2d 279· Fla. 3d DCA· 2003-04-16 ·cited 5×
  John Mosely appeals his conviction for strong armed robbery, challenging the trial court's restriction on defense counsel's individual voir dire questioning about the defense of misidentification. The court agrees that the restriction violated Mosely's right to a fair and imparti
• Grady v. State
  687 So. 2d 931· Fla. 1st DCA· 1997-02-10 ·cited 5×
  The court held that while one claim of ineffective assistance of counsel was conclusively refuted by the record, other claims were legally sufficient and not refuted, requiring further proceedings.
• Miller v. State
  672 So. 2d 95· Fla. 3d DCA· 1996-04-24 ·cited 5×
  Johnny Miller was charged with indirect contempt and appeared in court under the influence of cocaine, causing him to pass out and become unresponsive. The trial court found this conduct constituted direct criminal contempt obstructing the administration of justice, and Miller ap
• Gore v. Dugger
  763 F. Supp. 1110· M.D. Fla.· 1989-08-17 ·cited 5×
  The court held that the trial court erred by precluding mitigating evidence regarding Petitioner's drug and alcohol abuse and cousin's dominance, violating the Eighth Amendment, and granted a new sentencing hearing on that claim.
• Olin D. Shaw v. State
  228 So. 2d 619· Fla. 2d DCA· 1969-12-03 ·cited 5×
  Appellant Shaw was convicted of breaking and entering with intent to commit petit larceny. He appealed arguing the trial court erred in refusing a jury instruction on temporary insanity, but the appellate court affirmed, finding the instruction was properly refused because it omi
• State v. Morrison
  236 So. 3d 204· Fla.· 2017-11-16 ·cited 4×
  The Florida Supreme Court reversed the postconviction court's grant of a new guilt phase for Raymond Morrison Jr., convicted of first-degree murder and sentenced to death, but affirmed the grant of a new penalty phase based on ineffective assistance of counsel claims. The Court r
• Cary Michael Lambrix v. Jones
  227 So. 3d 550· Fla.· 2017-09-26 ·cited 4×
  Cary Lambrix, a death row inmate convicted of two 1983 murders, petitioned for a writ of habeas corpus raising claims of actual innocence, denial of the right to testify, and inadequate access to DNA evidence. The Florida Supreme Court denied the petition, finding Lambrix had fai
• Gonzalez v. State
  50 So. 3d 633· Fla. 1st DCA· 2010-11-05 ·cited 4×
  A juvenile's sentence of life in prison for first-degree premeditated murder is not categorically barred and is not grossly disproportionate under the Eighth Amendment, even considering voluntary intoxication or potential mental disorders not substantiated by the record.
• Sluyter v. State
  941 So. 2d 1178· Fla. 2d DCA· 2006-10-20 ·cited 4×
  Patrick Sluyter was convicted of two counts of sexual battery on a child and sentenced to life imprisonment after the trial court prevented him from presenting an insanity defense based on steroid-induced psychosis. The appellate court reversed and remanded for a new trial, holdi
• Parker Travaglia v. State
  864 So. 2d 1221· Fla. 5th DCA· 2004-01-23 ·cited 4×
  Parker Travaglia appealed the summary denial of his rule 3.850 post-conviction motion claiming ineffective assistance of counsel. The appellate court reversed, finding that Travaglia's allegations that counsel failed to advise him of potential Violent Career Criminal Act enhancem
• Kijewski v. State
  831 So. 2d 757· Fla. 4th DCA· 2002-11-20 ·cited 4×
  Michael Kijewski appealed the summary denial of a post-conviction motion raising claims of ineffective assistance of counsel and prosecutorial misconduct. The Fourth District Court of Appeal affirmed the denial of three claims but reversed and remanded for an evidentiary hearing
• Penn v. State
  825 So. 2d 456· Fla. 2d DCA· 2002-07-31 ·cited 4×
  Melvin Penn appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, claiming ineffective assistance of counsel for failing to pursue voluntary intoxication and temporary insanity defenses, and for failing to subpoena a witness.
• Earle West v. State
  791 So. 2d 527· Fla. 2d DCA· 2001-07-25 ·cited 4×
  The court held that the defendant's claims of ineffective assistance of counsel regarding the voluntary intoxication defense and the handling of a dismissed aggravated battery charge were facially sufficient and required further proceedings.
• Boehm v. State
  776 So. 2d 332· Fla. 4th DCA· 2001-01-17 ·cited 4×
  The Florida Fourth District Court of Appeal affirmed the summary denial of Boehm's postconviction motion for relief, holding that his claim of ineffective assistance of counsel for failing to pursue a voluntary intoxication defense was supported only by conclusory allegations ins
• Ethridge v. State
  766 So. 2d 413· Fla. 4th DCA· 2000-08-16 ·cited 4×
  Michael Ethridge appeals a summary denial of his post-conviction motion for ineffective assistance of counsel and other claims. The Fourth District Court of Appeal affirmed the denial of most claims but reversed as to the ineffective assistance claim regarding a voluntary intoxic
• Glenn v. State
  753 So. 2d 669· Fla. 2d DCA· 2000-03-10 ·cited 4×
  Trafficking in stolen property is a general intent crime, not a specific intent crime, and therefore the defense of voluntary intoxication is not available for that charge.
• Soloman v. State
  741 So. 2d 1211· Fla. 5th DCA· 1999-09-24 ·cited 4×
  Daniel Soloman appeals the denial of his Rule 3.850 post-conviction motion, claiming ineffective assistance of counsel for failing to present evidence of his intoxication and request a corresponding jury instruction. The court agrees that an evidentiary hearing is necessary to de
• Goodwin v. State
  734 So. 2d 1057· Fla. 1st DCA· 1998-11-12 ·cited 4×
  The court held that voluntary intoxication is not a defense to possession of a firearm by a convicted felon, and a witness cannot be impeached with prior arrests.
• Collier v. State
  729 So. 2d 954· Fla. 1st DCA· 1998-10-05 ·cited 4×
• Morton v. State
  667 So. 2d 463· Fla. 1st DCA· 1996-01-31 ·cited 4×
  Anthony Morton's unarmed robbery conviction is reversed because the trial court improperly restricted his defense counsel's ability to question prospective jurors about their attitudes toward alcohol and drugs during voir dire. The court's limitation prevented Morton from laying
• Durden v. State
  657 So. 2d 919· Fla. 5th DCA· 1995-06-30 ·cited 4×
  Frank Durden appeals the trial court's summary denial of his Rule 3.850 motion for post-conviction relief based on ineffective assistance of counsel claims. The appellate court affirms the dismissal of most claims but reverses as to two ineffective assistance claims and remands f
• Bates v. State
  649 So. 2d 908· Fla. 4th DCA· 1995-02-01 ·cited 4×
  The Florida Fourth District Court of Appeal reversed Bates's conviction for aggravated assault on police officers, finding that the prosecutor's improper closing argument commenting on Bates's failure to call his mother as a witness violated his right against self-incrimination b
• James v. Collins
  987 F.2d 1116· 5th Cir.· 1993-03-25 ·cited 4×
  The court held that the Texas capital sentencing scheme, including its special issues, is constitutional and that the district court properly deferred to state court findings of fact. The court also found no unconstitutional deprivation of mental health expert assistance.
• United States v. McINNIS
  976 F.2d 1226· 9th Cir.· 1992-09-28 ·cited 4×
  The court affirmed the conviction for interfering with housing rights and using a firearm during a crime of violence, but remanded for resentencing on the civil rights charge due to an incorrect application of the Sentencing Guidelines.
• Rodriguez v. State
  588 So. 2d 1031· Fla. 3d DCA· 1991-11-05 ·cited 4×
  Rodriguez appeals his convictions for burglary, kidnapping, and assault of his former girlfriend, raising claims of prosecutorial misconduct during closing argument and improper handling of evidence, as well as challenging his split sentence. The appellate court affirmed the conv
• Kinsey v. State
  567 So. 2d 980· Fla. 2d DCA· 1990-10-03 ·cited 4×
  Gayle Eugene Kinsey was convicted of battery on a law enforcement officer, but the appellate court reversed because the trial court erroneously refused to instruct the jury on voluntary intoxication, which is a relevant defense when intent is an element of the offense.
• United States v. Sands
  899 F.2d 912· 10th Cir.· 1990-03-26 ·cited 4×
  The jury's verdict was not affected by references to the defendant's prior record.
• United States v. Juvenile Male
  864 F.2d 641· 9th Cir.· 1988-12-27 ·cited 4×
  The court held that the Attorney General's certification under the Juvenile Justice Act was sufficient, and the assertion of federal jurisdiction was not an unconstitutional racial classification. The court also found no reversible error in the trial court's evidentiary rulings o
• Jones v. State
  529 So. 2d 816· Fla. 2d DCA· 1988-08-12 ·cited 4×
  The court reversed the trial court's summary denial of a postconviction ineffective assistance of counsel claim based on counsel's alleged abandonment of a voluntary intoxication defense, finding the denial procedurally deficient for lack of supporting documentation.
• Laney v. Cont'l Ins. Co.
  757 F.2d 1190· 11th Cir.· 1985-04-15 ·cited 4×
  The court held that the phrase "caused by accident" in an insurance policy, under Georgia law, is synonymous with "accidental means," requiring both the cause and the result to be unexpected and unintentional.
• Sears v. State
  319 So. 2d 69· Fla. 2d DCA· 1975-09-17 ·cited 4×
  William Sears was convicted of breaking and entering based on fingerprint evidence obtained after an arrest for voluntary intoxication. The court reversed, holding that the arrest was illegal because the state could not justify it under any valid Florida statute, requiring suppre
• Ekman v. State
  120 Fla. 24· Fla.· 1935-05-30 ·cited 4×
  Four defendants were convicted of larceny of a cow after they admitted taking, killing, and converting the animal but claimed they were too intoxicated to form the requisite criminal intent. The Florida Supreme Court affirmed the conviction, holding that the jury was justified in
• Morgan v. State
  198 So. 3d 812· Fla. 2d DCA· 2016-03-09 ·cited 3×
  Don Earle Morgan appeals his convictions for burglary of a dwelling and criminal mischief. The Florida Second District Court of Appeal reversed and remanded because the trial judge made improper comments during jury selection that undermined the defendant's right to a fair trial,
• Jones v. McNeil
  776 F. Supp. 2d 1323· S.D. Fla.· 2011-03-07 ·cited 3×
  The court denied the Petition for Writ of Habeas Corpus, finding that the claims were either procedurally barred, meritless, or not contrary to clearly established federal law.
• Casey v. State
  969 So. 2d 1055· Fla. 4th DCA· 2007-10-03 ·cited 3×
  Sean Casey appealed the denial of his Rule 3.850 post-conviction motion for ineffective assistance of counsel, challenging his trial attorney's decision not to assert a voluntary intoxication defense despite evidence that Casey had taken Ecstasy, Ketamine, and marijuana before th
• Occhicone v. Crosby
  455 F.3d 1306· 11th Cir.· 2006-07-14 ·cited 3×
  Dominick Occhicone appealed the denial of his federal habeas corpus petition challenging his murder convictions and death sentence, claiming the prosecution violated Giglio v. United States by failing to correct perjured testimony from witness Phil Baker regarding a deal for leni
• Westlund v. State
  570 So. 2d 1133· Fla. 4th DCA· 1990-12-12 ·cited 3×
  Frederick Westlund appealed his convictions for attempted burglary and resisting arrest with violence, challenging the trial court's jury instructions on voluntary intoxication as a defense, the procedure for a reinstruction during deliberations, and admission of a knife into evi
• United States v. Knott
  894 F.2d 1119· 9th Cir.· 1990-01-26 ·cited 3×
  Voluntary intoxication, even when combined with a mental disease or defect, cannot be considered in determining an insanity defense under the Insanity Defense Reform Act.
• Hampton v. State
  504 So. 2d 57· Fla. 1st DCA· 1987-03-20 ·cited 3×
  The court held that the trial court erred in summarily denying the appellant's second motion for post-conviction relief because it raised new issues and the prior motion was not denied on its merits.
• Burnham v. State
  497 So. 2d 904· Fla. 2d DCA· 1986-10-15 ·cited 3×
  The court held that the trial court erred in refusing to allow expert testimony without taking a proffer, as such testimony is relevant to a voluntary intoxication defense and can be based on information reasonably relied upon by experts.
• Foster v. State
  260 So. 3d 174· Fla.· 2018-12-28 ·cited 2×
  Foster appeals denial of a successive motion to vacate death sentences, raising claims based on intellectual disability under Hall v. Florida and sentencing issues under Hurst v. Florida. The Florida Supreme Court reversed the summary denial of Foster's intellectual disability cl
• Perry v. State
  256 So. 3d 888· Fla. 4th DCA· 2018-09-26 ·cited 2×
  The trial court erred in giving Instruction 3.6(p) because it lacked evidentiary support in the record and functioned as a comment on the evidence suggesting Perry suffered from mental illness, thereby invading the jury's traditional role in evaluating a defendant's specific inte
• Arroyo v. State
  252 So. 3d 374· Fla. 3d DCA· 2018-08-01 ·cited 2×
  The trial court did not abuse its discretion in excluding evidence of the victim's prior consensual sexual activity under the Rape Shield Statute, excluding marginally relevant text messages, or denying the motion for judgment of acquittal, as substantial evidence supported that
• Keyes v. State
  95 So. 3d 280· Fla. 4th DCA· 2012-06-20 ·cited 2×
  Howard Keyes challenged his first-degree murder conviction on grounds of ineffective assistance of counsel, alleging his public defender labored under a conflict of interest because the office had represented state witnesses, failed to request a voluntary intoxication instruction
• Hannon v. Sec'y, Dep't of Corr.
  622 F. Supp. 2d 1169· M.D. Fla.· 2007-10-23 ·cited 2×
  The court held that the petitioner failed to demonstrate that the state court's rejection of his ineffective assistance of counsel claim was contrary to or an unreasonable application of federal law.
• Ernst Mollenberg v. State
  907 So. 2d 554· Fla. 5th DCA· 2005-06-24 ·cited 2×
  Mollenberg appeals his DUI conviction, raising the certified question of whether a defendant is entitled to a jury instruction on attempted DUI where driving is undisputed but impairment is contested. The Florida Fifth District Court of Appeal holds that attempt does not apply to
• Olguin v. State
  903 So. 2d 270· Fla. 3d DCA· 2005-06-01 ·cited 2×
  The court held that the evidence was sufficient to support the conviction for leaving the scene of an accident involving death, and any error in the jury instruction on voluntary intoxication was harmless.
• Locklear v. State
  847 So. 2d 543· Fla. 2d DCA· 2003-05-09 ·cited 2×
  Josephine Locklear appeals the summary denial of her Rule 3.850 motion for postconviction relief based on claims of ineffective assistance of counsel. The appellate court affirmed, holding that although Locklear raised a potentially viable claim that counsel failed to advise her