Voluntary Intoxication Defense

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

• Roberts v. State
  825 So. 2d 1046· Fla. 1st DCA· 2002-09-13 ·cited 2×
  Johnny Roberts challenged the trial court's summary denial of his Rule 3.850 motion claiming ineffective assistance of counsel. The court affirmed the denial regarding his habitual violent felony offender sentence but reversed and remanded regarding counsel's failure to adequatel
• Foster v. State
  825 So. 2d 1023· Fla. 1st DCA· 2002-09-06 ·cited 2×
  Terry Ray Foster appealed the summary denial of his Rule 3.850 motion for post-conviction relief based on ineffective assistance of counsel. The Florida First District Court of Appeal affirmed denial of two of Foster's ineffective assistance claims but reversed and remanded the c
• Tauric Griggs v. State
  821 So. 2d 1139· Fla. 4th DCA· 2002-06-26 ·cited 2×
  Tauric Griggs appealed the denial of his Rule 3.850 postconviction motion challenging his conviction for first-degree murder and armed robbery. The appellate court found three claims of ineffective assistance of counsel and sentencing error warranted reversal and remand for evide
• Chuck Steven Thompson v. State
  818 So. 2d 632· Fla. 1st DCA· 2002-06-06 ·cited 2×
  Chuck Thompson appealed the summary denial of his motion to vacate sentence for ineffective assistance of counsel, arguing his trial counsel affirmatively misadvised him that voluntary intoxication is not a defense to first-degree murder. The court reversed in part, holding that
• Mullis v. State
  769 So. 2d 475· Fla. 5th DCA· 2000-10-13 ·cited 2×
  The court held that voluntary intoxication is not a defense when the defendant claims they did not commit the act.
• Junior Caughron v. State
  767 So. 2d 606· Fla. 4th DCA· 2000-09-13 ·cited 2×
• Wells v. State
  766 So. 2d 1129· Fla. 2d DCA· 2000-08-23 ·cited 2×
  Robert Wells appeals his first-degree murder conviction, arguing the trial court erred by refusing to strike jurors for cause who expressed bias against guns and the voluntary intoxication defense, thereby forcing him to exhaust peremptory challenges and accept a biased juror. Th
• King v. State
  766 So. 2d 329· Fla. 3d DCA· 2000-04-12 ·cited 2×
  The dissenting judge believes the record conclusively shows no evidence of voluntary intoxication, supporting summary denial of post-conviction relief.
• Wilkinson v. State
  750 So. 2d 723· Fla. 1st DCA· 2000-01-25 ·cited 2×
  The court held that the appellant's current motion for post-conviction relief was not successive because the prior appeal was affirmed based on the facial insufficiency of the motion, not its merits. Therefore, the claim regarding failure to pursue a voluntary intoxication defens
• Webster v. State
  744 So. 2d 1034· Fla. 1st DCA· 1999-08-03 ·cited 2×
  Joseph Webster appeals the denial of his Rule 3.850 postconviction motion claiming ineffective assistance of counsel. His trial lawyer allegedly told him that alcohol consumption alone was sufficient for a manslaughter conviction, which was erroneous legal advice. The court rever
• Iisaman Flagg v. State
  733 So. 2d 1118· Fla. 4th DCA· 1999-05-26 ·cited 2×
• J.C. Joyner v. State
  728 So. 2d 329· Fla. 3d DCA· 1999-03-10 ·cited 2×
  The court held that the defendant's allegations of ineffective assistance of counsel regarding a voluntary intoxication defense were sufficient to preclude summary denial of postconviction relief.
• Bacon v. State
  729 So. 2d 964· Fla. 1st DCA· 1999-03-03 ·cited 2×
  Trial court's summary denial of post-conviction relief motion was reversed because counsel's failure to pursue a voluntary intoxication defense constituted a colorable ineffective assistance claim that could not be dismissed based solely on the presentation of an inconsistent mis
• Calandra v. State
  727 So. 2d 1028· Fla. 4th DCA· 1999-02-17 ·cited 2×
  Appellate counsel was not ineffective for failing to raise the denial of a special jury instruction on insanity due to long-term intoxication, as expert testimony is required for such an instruction.
• Hylleberg v. State
  700 So. 2d 807· Fla. 5th DCA· 1997-10-31 ·cited 2×
• Basinski v. State
  697 So. 2d 1015· Fla. 4th DCA· 1997-08-13 ·cited 2×
• Elwell v. State
  693 So. 2d 1137· Fla. 1st DCA· 1997-05-22 ·cited 2×
  Christopher Elwell appealed the summary denial of his Rule 3.850 postconviction motion alleging ineffective assistance of counsel based on misrepresentations about his sentence and failure to investigate a voluntary intoxication defense. The appellate court reversed and remanded
• Zipperer v. Singletary
  693 So. 2d 122· Fla. 1st DCA· 1997-05-12 ·cited 2×
• Dobosh v. State
  684 So. 2d 276· Fla. 5th DCA· 1996-12-06 ·cited 2×
  Michael Dobosh appealed his conviction for aggravated assault with a firearm, arguing that the trial court erred in excluding expert testimony about alcohol-induced blackout as it relates to the voluntary intoxication defense. The appellate court reversed the exclusion of the exp
• Johnson v. State
  666 So. 2d 983· Fla. 2d DCA· 1996-01-17 ·cited 2×
  Patrick Johnson appeals the denial of his Rule 3.850 motion for postconviction relief claiming ineffective assistance of counsel. The court affirmed the trial court's denial on three grounds but reversed and remanded on Johnson's claim that counsel coerced his guilty pleas by mis
• Freeman v. State
  630 So. 2d 1225· Fla. 4th DCA· 1994-01-26 ·cited 2×
  The court held that improper references to the defendant's drug dealing were not harmless error and required reversal.
• United States v. Sneezer
  983 F.2d 920· 9th Cir.· 1992-12-30 ·cited 2×
  The court held that the district court erroneously concluded that two counts of aggravated sexual abuse should not be grouped together for sentencing purposes.
• United States v. Sands
  968 F.2d 1058· 10th Cir.· 1992-07-07 ·cited 2×
  The court held that the federal government retains jurisdiction over offenses committed by Indians in Indian country, and that the defendant's claims of prosecutorial misconduct, erroneous jury instructions, ineffective assistance of counsel, and sentencing errors were without me
• Coogan v. McCAUGHTRY
  958 F.2d 793· 7th Cir.· 1992-04-01 ·cited 2×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or that newly discovered evidence warranted a new trial, thus denying his petition for a writ of habeas corpus.
• Delbert Wilkins v. Iowa
  957 F.2d 537· 8th Cir.· 1992-02-21 ·cited 2×
  The court held that trial counsel's strategic decision to focus on justification rather than diminished capacity was reasonable, and the evidence was sufficient to support a first-degree murder conviction.
• Fitzgerald v. Thompson
  943 F.2d 463· 4th Cir.· 1991-08-26 ·cited 2×
  The court affirmed the district court's dismissal of the habeas corpus petition, finding no error in the conviction or sentencing.
• Sawyer v. The United States
  930 F.2d 1577· Fed. Cir.· 1991-04-23 ·cited 2×
  The court held that the Board for Correction of Naval Records' evaluation of the evidence was permissible and not contrary to law, thus reversing the Claims Court's award of disability benefits.
• Shackleford v. State
  567 So. 2d 30· Fla. 1st DCA· 1990-09-21 ·cited 2×
  Appellant was convicted of possession of cocaine with intent to sell and appealed, arguing the trial court erred in denying a jury instruction on voluntary intoxication. The court held that because possession with intent to sell is a specific intent crime and evidence showed into
• Jones v. Butler
  837 F.2d 691· 5th Cir.· 1988-02-17 ·cited 2×
  The court held that the petitioner was not denied effective assistance of counsel because his trial counsel's decision not to call two psychiatrists as witnesses was a rational, well-reasoned strategic decision that did not fall below the Strickland standard.
• Gov't OF the Virgin Islands v. Aldain Webbe
  821 F.2d 187· 3d Cir.· 1987-06-16 ·cited 2×
  The court held that the trial court's finding that the defendant did not commit the acts in consequence of his mental illness was not clearly erroneous, affirming the conviction.
• Romano v. State
  491 So. 2d 1188· Fla. 4th DCA· 1986-07-09 ·cited 2×
  Robert Romano appealed the summary denial of his Rule 3.850 motion for post-conviction relief, raising claims of ineffective assistance of counsel at trial and on appeal, prosecutorial misconduct, and illegal sentencing. The court reversed in part and remanded, finding the trial
• Cardwell v. State
  481 So. 2d 972· Fla. 2d DCA· 1986-01-17 ·cited 2×
  Glen Dale Cardwell was convicted of resisting an officer with violence and aggravated assault. The Florida Second District Court of Appeal affirmed the resisting conviction but reversed the aggravated assault conviction because the trial court improperly refused to instruct the j
• Kampff v. State
  468 So. 2d 462· Fla. 4th DCA· 1985-05-08 ·cited 2×
• Cahill v. State
  190 So. 2d 621· Fla. 2d DCA· 1966-10-12 ·cited 2×
  John Cahill was convicted of obtaining property by worthless check and sentenced to six months to five years in prison. On appeal, the court reversed because the trial judge gave an erroneous instruction on the voluntary intoxication defense, telling the jury it "might" be a defe
• Checker Cab Operators, Inc. v. Castleberry
  68 So. 2d 353· Fla.· 1953-10-30 ·cited 2×
  The Florida Supreme Court reversed a jury verdict awarding $20,000 to an intoxicated passenger injured after a taxicab driver left him at an incorrect address. The court held that a common carrier owes no special duty to an intoxicated passenger beyond what is owed to any passeng
• Kirk v. State
  339 So. 3d 1043· Fla. 1st DCA· 2022-05-11 ·cited 1×
  Roosevelt Kirk, sentenced to life in prison for a murder committed as a juvenile, appealed his sentence, arguing insufficient evidence and abuse of discretion. The appellate court affirmed the sentence, finding the resentencing court's findings were supported by competent, substa
• Derren Dejuan Morrison v. State
  288 So. 3d 704· Fla. 4th DCA· 2019-12-11 ·cited 1×
  Voluntary intoxication is not a defense to second-degree murder, a general intent crime, and a single improper prosecutorial comment referencing the State's charging decision does not constitute fundamental error warranting a new trial when the defendant fails to move for mistria
• Connolly v. Theta CHI Fraternity, Inc.
  1020 W. 18· Del. Super. Ct.· 2018-02-28 ·cited 1×
  The court affirmed the grant of summary judgment for all defendants, holding that no defendant owed a duty to the deceased student, that no defendant breached any duty, and that the student's own conduct, including gross intoxication, was the sole proximate cause of his death. De
• Quigley v. State
  848 So. 2d 382· Fla. 4th DCA· 2003-05-28 ·cited 1×
  The appellate court reversed a trial court's denial of a post-conviction relief motion, finding that laches did not bar the claim. The court held that the motion was timely filed under the precedent set by Steele v. Kehoe, which allows for belated post-conviction motions when cou
• Burkett v. State
  783 So. 2d 333· Fla. 1st DCA· 2001-04-20 ·cited 1×
• Evelio A. Palau v. State
  782 So. 2d 969· Fla. 4th DCA· 2001-04-11 ·cited 1×
• Nixon v. State
  773 So. 2d 607· Fla. 4th DCA· 2000-12-06 ·cited 1×
  Richard Nixon challenged the summary denial of his Rule 3.850 postconviction relief motion alleging ineffective assistance of counsel. The appellate court reversed on two claims: that counsel failed to present Officer Kubas's testimony and a police video both supporting Nixon's v
• Craig v. State
  769 So. 2d 1087· Fla. 2d DCA· 2000-09-22 ·cited 1×
  The court held that the trial court erred in summarily denying the claim that counsel was ineffective for failing to investigate a voluntary intoxication defense.
• Maloney v. Williams
  732 So. 2d 415· Fla. 5th DCA· 1999-04-16 ·cited 1×
  In this negligence appeal, the Florida Fifth District Court of Appeal reversed a jury verdict for Williams and remanded for a new trial, holding that the trial court erred by excluding evidence of Williams' failure to wear a seat belt and by allowing damages for brain injury to g
• Calabrese v. State
  726 So. 2d 846· Fla. 5th DCA· 1999-02-05 ·cited 1×
  The court held that the trial court's refusal to give a voluntary intoxication instruction was harmless error given the overwhelming evidence of premeditation and the availability of a felony murder theory.
• Leon v. State
  186 So. 2d 93· Fla. 3d DCA· 1966-05-10 ·cited 1×
  Voluntary intoxication does not, in itself, prove the absence of specific criminal intent required for a conviction.
• Occhicone v. State
  Fla.· 2026-07-21
  The circuit court properly denied Occhicone's public records request because he failed to demonstrate that the requested records related to a colorable claim for postconviction relief, as the colorable-claim requirement prevents use of rule 3.852 as a fishing expedition. Occhicon
• Masse v. MSC Cruises, S.A.
  S.D. Fla.· 2025-10-10
  Justin Masse, injured when he fell or jumped from his cruise ship balcony after consuming alcohol and drugs, sued MSC Cruises for negligence based on alleged overservice of alcohol, but the court granted summary judgment for MSC. The court held that Masse's claims failed because
• v. ID No. 1805005895 Lynn Harris
  Del. Super. Ct.· 2025-07-30
  The court denied the defendant's motion for post-conviction relief, finding that his guilty plea was knowing and voluntary, his sentence was just, and his various claims of ineffective assistance of counsel lacked merit. The court affirmed that the defendant waived his right to a
• McCauley v. State
  Fla. 3d DCA· 2025-01-15
  Voluntary intoxication is not a defense to criminal charges under Florida law, and evidence of voluntary intoxication is inadmissible to show lack of specific intent or insanity, except when a controlled substance was lawfully prescribed and taken as directed.