Voluntary Intoxication Defense

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

• Randon Wilkerson v. State of Del.
  Del.· 2025-01-07
  The Court held that a person who knowingly introduces an unlawful intoxicating substance into their body is precluded from presenting an involuntary intoxication defense, even if the substance differs from what they believed they were taking or produces unanticipated effects. The
• United Parcel Serv. v. Willis
  Del. Super. Ct.· 2024-12-06
  The Superior Court reversed the Industrial Accident Board's decision, holding that the employee's voluntary intoxication proximately caused the accident, thus removing the injury from the course and scope of employment and precluding workers' compensation benefits. The Court foun
• Hurst v. Sec'y, Dep't of Corr. (Pasco County)
  M.D. Fla.· 2024-11-26
  William Gary Hurst, convicted of first-degree murder in the 1982 death of his wife Amy Hurst based on evidence surfaced nearly thirty years later, sought federal habeas corpus relief challenging his conviction on multiple grounds including ineffective assistance of counsel and ju
• Herrera-Vasquez v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-08-09
  The court denied the petition for a writ of habeas corpus, finding no constitutional violations in the state court proceedings.
• Williams v. Sec'y, Dep't of Corr. (Duval County)
  M.D. Fla.· 2023-10-06
  The court held that the petitioner's claims were either procedurally defaulted or without merit under AEDPA deference, and thus denied the petition for writ of habeas corpus.
• Richardson v. Sec'y, Dep't of Corr. (Jackson County)
  M.D. Fla.· 2023-07-31
  Alexander Richardson sought federal habeas relief challenging his Florida conviction for second-degree murder in the death of his girlfriend Josephine Austria, alleging ineffective assistance of trial counsel on eleven separate grounds including counsel's failure to seek a jury i
• Pectol v. Sec'y, Dep't of Corr.
  S.D. Fla.· 2023-05-03
  The court held that most of Petitioner's claims were procedurally barred or denied on the merits under AEDPA's deferential standard, finding no unreasonable application of federal law by the state courts.
• Armey v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2022-09-23
  Armey filed a federal habeas petition challenging his state convictions for carjacking, burglary, and theft, claiming the prosecution withheld exculpatory evidence and that his trial counsel was ineffective for failing to present an insanity defense based on mental illness. The c
• Shellito v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2020-07-31
  Michael Wayne Shellito, a state prisoner serving life without parole for first-degree murder, sought federal habeas corpus relief challenging his conviction on three grounds: suppression of material evidence, ineffective assistance of trial counsel at the guilt phase, and absence
• DZE Corp. v. Vince Duron Vickers
  Fla. 1st DCA· 2020-06-08
  The appellate court reversed a jury verdict against DZE Corporation, finding that the intoxicated driving of Christopher Generoso was the sole proximate cause of the deaths, not DZE's product or failure to warn. The court held that Generoso's actions broke the chain of causation
• Davis v. State
  Fla. 2d DCA· 2020-06-03
  The appellate court held that an erroneous denial of a motion to disqualify a judge in a criminal case, when raised on direct appeal, should be reviewed for harmless error. The court found the error harmless in this specific case and affirmed the conviction, but certified a quest
• Gordon v. State
  Fla. 4th DCA· 2019-12-11
  Travis Gordon appeals his convictions for two counts of attempted first-degree murder with a weapon, arguing the trial court erred by failing to conduct an independent competency hearing and by denying his motion for judgment of acquittal based on insufficient evidence of premedi
• Amelio v. State
  253 So. 3d 1150· Fla. 4th DCA· 2018-08-15
  The trial court erred in instructing the jury on the victim's mental incapacity when the State presented no evidence of involuntary intoxication. The statutory definition of mental incapacity includes only involuntary intoxication, not voluntary intoxication.
• Rogers v. Morgan
  Del. Super. Ct.· 2017-11-09
  The Court granted summary judgment for the defendants on counts of invasion of privacy, unlawful detention, fabrication of evidence, defamation, and ADA violations. The court denied summary judgment on counts of excessive force and gross negligence, finding genuine issues of mate
• Davis v. State
  214 So. 3d 792· Fla. 5th DCA· 2017-04-07
• Vice v. State
  139 So. 3d 956· Fla. 2d DCA· 2014-06-06
  The court held that the postconviction court's order did not conclusively refute the defendant's claims of ineffective assistance of counsel regarding intoxication and failure to investigate, requiring further proceedings.
• In & for Sussex Cnty.
  Del. Super. Ct.· 2014-03-31
  The Superior Court denied the defendant's application to transfer her case from adult to Family Court, finding that the State had established a prima facie case for Kidnapping in the First Degree and that the interests of society and the defendant would be best served by adult ad
• In & for New Castle Cnty.
  Del. Super. Ct.· 2010-04-16
  The Delaware Superior Court denied Kevin Oropeza's motion for postconviction relief. The court found that Oropeza's claims were procedurally barred by the statute of limitations. Even if the claims were considered on their merits, the court determined that the recent case law upo
• Norman
  Del.· 2009-06-16
  The Court affirmed the judgments of conviction but reversed the death sentence. The Court held that while the defendant's Sixth Amendment right to counsel was violated when a state-retained psychiatrist interviewed him in Maryland without counsel present for Delaware charges, the
• Ford v. Sec'y, Dep't of Corr.
  558 F. Supp. 2d 1220· M.D. Fla.· 2008-04-04
  The court held that the petitioner's claims for habeas corpus relief were denied as they failed to meet the threshold requirements of 28 U.S.C. § 2254(d) and (e), and were either procedurally barred or refuted by the record.
• In & for Sussex Cnty.
  Del. Super. Ct.· 2007-09-28
  The court affirmed the death sentence, finding that the defendant was legally accountable for his actions despite his mental health issues and drug consumption. The court independently weighed the aggravating and mitigating circumstances and concluded that the aggravating factors
• Martinez v. State
  933 So. 2d 1155· Fla. 3d DCA· 2006-05-10
  Martinez was convicted of attempted first-degree premeditated murder and aggravated battery with a deadly weapon. The appellate court affirmed his conviction, holding that an erroneous jury instruction on justifiable use of deadly force did not constitute fundamental error becaus
• Barboza v. Crosby
  909 So. 2d 928· Fla. 3d DCA· 2005-08-03
• Parrish v. State
  892 So. 2d 1199· Fla. 4th DCA· 2005-02-09
• In & for Sussex Cnty.
  Del. Super. Ct.· 2004-10-14
  The Court denied the defendant's motion for postconviction relief, finding that his trial counsel was not ineffective. The defendant failed to establish that counsel's performance fell below an objective standard of reasonableness or that he suffered prejudice as a result of any
• Ballester v. State
  869 So. 2d 1261· Fla. 3d DCA· 2004-04-14
  The court affirmed the denial of the defendant's motion for postconviction relief, finding the trial court's ruling supported by competent substantial evidence.
• Greomar Duprey v. State
  870 So. 2d 256· Fla. 2d DCA· 2004-03-26
  Greomar Duprey appeals the denial of his postconviction motion for ineffective assistance of counsel, claiming trial counsel failed to adequately advise him about the voluntary intoxication defense before he pleaded guilty to second-degree murder. The court reverses the summary d
• Chauncey Williams v. State
  861 So. 2d 527· Fla. 1st DCA· 2003-12-29
• Griffin v. State
  852 So. 2d 952· Fla. 4th DCA· 2003-08-27
  The court held that the trial court erred in summarily denying the motion for postconviction relief without an evidentiary hearing or explanation.
• Chrisandra Scott v. State
  842 So. 2d 244· Fla. 2d DCA· 2003-04-09
  Court reversed summary denial of ineffective assistance of counsel claim where defendant told counsel she was intoxicated and had documented drug abuse history, warranting evidentiary hearing on voluntary intoxication defense.
• Garcia v. State
  829 So. 2d 397· Fla. 3d DCA· 2002-11-06
  The court held that the defendant's claim of ineffective assistance of counsel for failing to pursue a voluntary intoxication defense was not conclusively refuted by the record and thus required a hearing.
• Campbell v. State
  814 So. 2d 1206· Fla. 2d DCA· 2002-04-24
  Larry Wayne Campbell appealed the denial of his postconviction motion under Rule 3.850, raising claims of ineffective assistance of trial counsel. The court affirmed the denial of most claims but reversed regarding Campbell's insanity defense claim, finding he had stated a facial
• Helmadollar v. State
  811 So. 2d 819· Fla. 5th DCA· 2002-03-22
  The court held that the evidence presented was sufficient to establish a RICO enterprise under the standards set forth in Gross v. State.
• Greer v. State
  804 So. 2d 620· Fla. 3d DCA· 2002-01-23
  The court held that the trial court did not err in precluding testimony regarding diminished capacity and that sufficient evidence supported the conviction for robbery with a deadly weapon.
• State v. Gilson
  800 So. 2d 727· Fla. 5th DCA· 2001-12-07
  The State appealed a downward departure sentence imposed on Gilson following his no-contest plea to burglary, theft, and other felonies. The trial court sentenced him to 50.7 months suspended with community control, well below the 50.7 months to 49 years guideline range, citing h
• Grover Wayne Peavy v. State
  796 So. 2d 1204· Fla. 2d DCA· 2001-09-26
  The court held that the defendant stated a facially sufficient claim of ineffective assistance of counsel regarding voluntary intoxication. The court reversed the summary denial of this claim.
• Meehan v. State
  793 So. 2d 1169· Fla. 1st DCA· 2001-09-13
• In & for New Castle Cnty. Nationwide Mut. Ins. Co. v. State of Del.
  Del. Super. Ct.· 2001-07-03
  The court held that the plaintiffs were collaterally estopped from relitigating the issue of the insured's mental status due to mental illness, as this was decided in the criminal trial. However, the court found that the issue of whether the insured's ability to form intent was n
• Daniels v. State
  777 So. 2d 1133· Fla. 4th DCA· 2001-01-31
  The court held that one ground of the motion for post-conviction relief was legally sufficient and required further proceedings, while the other grounds were properly denied.
• Daniels v. State
  776 So. 2d 993· Fla. 4th DCA· 2001-01-17
• Lamont Monds v. State
  763 So. 2d 1280· Fla. 3d DCA· 2000-08-23
  Defendant's post-conviction motion for ineffective assistance of counsel was partially reversed where trial counsel allegedly failed to present a voluntary intoxication defense to negate specific intent for first-degree murder, requiring an evidentiary hearing on that claim.
• Benton v. State
  763 So. 2d 548· Fla. 1st DCA· 2000-08-01
• Boehm v. State
  762 So. 2d 571· Fla. 4th DCA· 2000-07-05
• Firth v. State
  764 So. 2d 734· Fla. 2d DCA· 2000-06-30
  The court held that aggravated battery on a pregnant woman requires specific intent, and thus the trial court erred in refusing a voluntary intoxication jury instruction.
• Espinosa v. State
  759 So. 2d 721· Fla. 2d DCA· 2000-05-03
  Miguel Espinosa appeals the summary denial of his 3.850 motion for postconviction relief alleging ineffective assistance of trial counsel. The appellate court reverses, finding two of Espinosa's ineffective assistance claims are facially sufficient and remanding for an evidentiar
• State v. Moore
  742 So. 2d 834· Fla. 2d DCA· 1999-09-10
  The State of Florida appealed a trial court's order granting a defendant's motion to dismiss a grand theft charge. The court reversed, holding that when the State files a traverse denying material factual allegations in a motion to dismiss, the trial court must deny the motion an
• Tobey v. State
  779 So. 2d 322· Fla. 2d DCA· 1999-09-10
  The court reversed the trial court's summary denial of Tobey's postconviction motion for failing to meet Rule 3.850 requirements, finding the second motion was not identical to the first and met the informational requirements, requiring consideration on the merits.
• Oliver v. State
  729 So. 2d 491· Fla. 1st DCA· 1999-03-26
• Fluckers v. State
  731 So. 2d 722· Fla. 3d DCA· 1999-03-10
• Calvert v. State
  730 So. 2d 316· Fla. 5th DCA· 1999-02-12
  Geoffrey William Calvert was convicted of two counts of first-degree murder and armed robbery for his participation in a drug-deal robbery that resulted in two deaths. On appeal, Calvert challenged the denial of his motion to suppress statements, jury selection procedures, admiss