MacKerley v. State, 777 So. 2d 969 (Fla. 2001). · Go Syfert
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MacKerley v. State, 777 So. 2d 969 (Fla. 2001). Cases Citing This Book View Copy Cite
21 citation events (21 in the last 25 years) across 3 distinct courts.
Strongest positive: Pamblanco v. State (fladistctapp, 2013-04-12)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Pamblanco v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
See Fitzpatrick v. State, 859 So.2d 486, 490 (Fla.2003) (“It is well established that a general jury verdict cannot stand where one of the theories of prosecution is legally inadequate.”); Mackerley v. State, 777 So.2d 969, 969 (Fla.2001) (same).
discussed Cited as authority (rule) Sturdivant v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
See, e.g., Yates v. United States, 354 U.S. 298, 312 , 77 S.Ct. 1064 , 1 L.Ed.2d 1356 (1957), overruled cm, other grounds by Burks v. United States, 437 U.S. 1 , 98 S.Ct. 2141 , 57 L.Ed.2d 1 (1978); accord Delgado v. State, 776 So.2d 233, 242 (Fla.2000) (remanding for a new trial where the theory of felony murder was legally inadequate), superseded on other grounds by statute, § 810.015, Fla. Stat. (2001); Mackerley v. State, 777 So.2d 969, 969 (Fla.2001).
discussed Cited "see" Phillips v. State
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Mackerley v. State, 777 So.2d 969, 969 (Fla.2001) (it is not harmless error “when a defendant is convicted by general verdict for first degree murder on the dual theories of premeditation and felony murder where the felony underlying the felony murder charge is based on a legally unsupportable theory of which the defendant is nevertheless convicted, [even if] there is evidence in the record to support the jury’s finding of premeditation”).
cited Cited "see" Perley v. State
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See Mackerley v. State, 777 So.2d 969 (Fla.2001).
discussed Cited "see" Foster v. State
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See Mackerley v. State, 777 So.2d 969, 969 (Fla.2001) (holding error is not harmless, when the accused is convicted of first-degree murder on a general verdict after a trial in which premeditation and felony murder theories are espoused, if "the felony underlying the felony murder charge is based on a legally unsupportable theory").
discussed Cited "see" Bonine v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Mackerley v. State, 777 So.2d 969 (Fla.2001)(harmless error rule cannot be applied when a defendant is convicted by general verdict of first degree murder on the theories of premeditation and felony murder but the felony underlying the felony murder charge is based on a legally unsupportable theory even though there is evidence to support the jury's finding of premeditation); Tricarico (defendant convicted of first-degree murder based on either premeditation or felony murder was entitled to a new trial where felony murder theory was invalid; overwhelming evidence of premeditated murder doe…
discussed Cited "see" Lyons v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Mackerley v. State, 777 So.2d 969 (Fla.2001) (acknowledging that a conviction under a general verdict is improper *37 when it is impossible to determine whether the jury relied upon an inadequate legal theory) (citing Delgado, 776 So.2d 233 ).
cited Cited "see, e.g." Christopher Williams v. State of Florida
Fla. Dist. Ct. App. · 2016 · signal: see also · confidence low
See also Mackerley v. State, 754 So.2d 132, 137 (Fla. 4th DCA 2000) (placing victim in a headlock to shoot him is incidental confinement), quashed on other grounds, 777 So.2d 969 (Fla.2001).
discussed Cited "see, e.g." Murray v. State
Fla. Dist. Ct. App. · 2006 · signal: see also · confidence low
When . . . jurors have been left the option of relying upon a legally inadequate theory, there is no reason to think that their own intelligence and expertise will save them from that error." Griffin v. United States, 502 U.S. 46, 59-60 , 112 S.Ct. 466 , 116 L.Ed.2d 371 (1991); see also Mackerley v. State, 754 So.2d 132, 138 (Fla. 4th DCA 2000), disapproved on other grounds, 777 So.2d 969 (Fla.2001); Tricarico v. State, 711 So.2d 624, 625-26 (Fla. 4th DCA 1998).
discussed Cited "see, e.g." Brooks v. State
Fla. · 2005 · signal: see also · confidence low
See also Mackerley v. State, 777 So.2d 969 (Fla.2001) (holding that it is reversible error to sustain a conviction based on a general jury verdict for first degree-murder on dual theories of premeditation and felony murder where the felony underlying the felony murder charge is based on a legally unsupportable theory even when there is evidence to support premeditation); Valentine v. State, 688 So.2d 313 (Fla.1996) (holding that a conviction for attempted first-degree murder must be reversed where the jury was instructed on dual theories of attempted first-degree premeditated murder and attemp…
Retrieving the full opinion text from the archive…
Alan MACKERLEY, Petitioner,
v.
STATE of Florida, Respondent.
SC00-714.
Supreme Court of Florida.
Feb 1, 2001.
777 So. 2d 969
Per Curiam.
Cited by 12 opinions  |  Published

Paul Morris of the Law Offices of Paul Morris, P.A., Coral Gables, Florida; and Stephen H. Rosen of the Law Offices of Stephen H. Rosen, P.A., Coral Gables, FL, for Petitioner.

Robert A. Butterworth, Attorney General, Celia Terenzio, Assistant Attorney General, Bureau Chief, and Steven R. Parrish, Assistant Attorney General, West Palm Beach, FL, for Respondent.

PER CURIAM.

We have for review a decision which the district court certified as having passed upon the following question of great public importance:

Is it harmless error when a defendant is convicted by general verdict for first degree murder on the dual theories of premeditation and felony murder where the felony underlying the felony murder charge is based on a legally unsupportable theory of which the defendant is nevertheless convicted, and there is evidence in the record to support the jury's finding of premeditation?

Mackerley v. State, 754 So.2d 132 (Fla. 4th DCA 2000). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

The district court certified the question in this case in response to this Court's initial opinion in Delgado v. State, 25 Fla. L. Weekly S79 (Fla. Feb. 3, 2000), wherein this Court determined that one of the State's theories of first-degree murder (felony murder based on a burglary) was legally unsupportable. Despite this conclusion, we held that the error in sending the felony murder charge to the jury was harmless since the evidence supported the conviction for premeditated murder.

On rehearing in Delgado, this Court acknowledged that the United States Supreme Court has determined that a conviction under a general verdict is improper when it rests on multiple bases, one of which is legally inadequate. See Delgado v. State, 776 So.2d 233 (Fla.2000) (citing Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957)). Ultimately, we reversed Delgado's convictions. Accordingly, we answer the certified question in the negative, quash the decision of the District Court of Appeal, and remand with directions that petitioner's conviction be reversed.

It is so ordered.

SHAW, HARDING, ANSTEAD, PARIENTE and LEWIS, JJ., concur.

WELLS, C.J., and QUINCE, J., dissent.