gives instruction in Florida

17 Florida opinions name it 2 courts 1882–2024 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

Case	Followed	Cited
Nieves v. Stategreen fladistctapp · 2009 · cited in 3 Florida opinions naming this issue, 2010–2012 2 sentences 2012In Singh v. State, 36 So.3d 848 (Fla. 4th DCA 2010), this court distinguished Montgomery from instances in which a jury is also instructed on culpable negligence: The court in Salonko v. State, [ 42 So.3d 801 (Fla. 1st DCA 2010) ], found this extra instruction to be enough to distinguish the case from Montgomery, explaining that the fundamental error in Montgomery “does not exist when the trial court gives an instruction on manslaughter by culpable negligence.” “Although the jury found, by its second-degree murder verdict, that Appellant did not intend to kill the victim, based on the instruct 2010See also Nieves v. State, 22 So.3d 691, 692 (Fla. 2d DCA 2009) (“Furthermore, unlike Montgomery and Zeigler, the jury in Nieves’ case was also instructed on the lesser-included offense of manslaughter by culpable negligence.”).	3	3
Alejo v. Stategreen fladistctapp · 1986 · cited in 3 Florida opinions naming this issue, 1987–1991 2 sentences 1991Also of significance is that in connection with the Alejo court's specific holding, "that the court's failure to give a complete manslaughter instruction was reversible error, notwithstanding defense counsel's failure to make a timely objection ...," the court explained further: Where, as here, the court gives an instruction on a lesser included offense, it is fundamental that the instruction be sufficiently complete and accurate so that it does not mislead the jury and negate defendant's theory of defense. 483 So.2d at 118 (emphasis added). 1989Alejo v. State, 483 So.2d 117, 118 (Fla. 2d DCA 1986).	3	3
Hedges v. Stategreen fla · 1965 · cited in 4 Florida opinions naming this issue, 1978–1987 2 sentences 1987Florida courts have consistently held, starting with Hedges v. State, 172 So.2d 824 (Fla. 1965), that when a trial court gives an instruction on manslaughter it is reversible error for the court to fail to give an instruction on justifiable and excusable homicide. 1985See Hedges v. State, 172 So.2d 824 (Fla. 1965); Pouk v. State, 359 So.2d 929 (Fla. 2d DCA 1978); Delaford v. State, 449 So.2d 983 (Fla. 2d DCA 1984).	2	4
Salonko v. Stategreen fladistctapp · 2010 · cited in 2 Florida opinions naming this issue, 2010–2012 2 sentences 2012In Singh v. State, 36 So.3d 848 (Fla. 4th DCA 2010), this court distinguished Montgomery from instances in which a jury is also instructed on culpable negligence: The court in Salonko v. State, [ 42 So.3d 801 (Fla. 1st DCA 2010) ], found this extra instruction to be enough to distinguish the case from Montgomery, explaining that the fundamental error in Montgomery “does not exist when the trial court gives an instruction on manslaughter by culpable negligence.” “Although the jury found, by its second-degree murder verdict, that Appellant did not intend to kill the victim, based on the instruct 2010The court in Salonko v. State, No. 1D08-4879, — So.3d -, -, 2010 WL 480844, *2 (Fla. 1st DCA Feb. 12, 2010), found this extra instruction to be enough to distinguish the case from Montgomery , explaining that the fundamental error in Montgomery “does not exist when the trial court gives an instruction on manslaughter by culpable negligence.” “Although the jury found, by its second-degree murder verdict, that Appellant did not intend to kill the victim, based on the instructions given, it could have returned a verdict for the lesser-included offense of manslaughter by culpable negligence while	1	2
Correll v. Duggergreen fla · 1990 · cited in 1 Florida opinions naming this issue, 2002–2002 1 sentence 2002See Correll v. Dugger, 558 So.2d 422, 424 (Fla.1990).	1	1
Bessett v. Hackettgreen fla · 1953 · cited in 1 Florida opinions naming this issue, 2001–2001 1 sentence 2001See Bessett v. Hackett, 66 So.2d 694 (Fla.1953).	1	1
Carter v. Stategreen fladistctapp · 1985 · cited in 1 Florida opinions naming this issue, 1986–1986 1 sentence 1986Carter v. State, 469 So.2d 194, 196 (Fla. 2d DCA 1985); Bagley v. State, 119 So.2d 400 (Fla. 1st DCA 1960).	1	1
Whitehead v. Stategreen fladistctapp · 1971 · cited in 1 Florida opinions naming this issue, 1978–1978 1 sentence 1978Hedges v. State, 172 So.2d 824 (Fla. 1965); see, also, Whitehead v. State, 245 So.2d 94 (Fla. 2d *930 DCA 1971); Green v. State, 244 So.2d 167 (Fla. 3d DCA 1971).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (18)

Case	Cited	Years
Delaford v. State neutral fladistctapp · 1984 2 sentences 1987See, Alejo v. State, 483 So.2d 117 (Fla. 2d DCA 1986); Smiddy v. State, 468 So.2d 466 (Fla. 4th DCA 1985); Brown v. State, 467 So.2d 323 (Fla. 4th DCA 1985); Delaford v. State, 449 So.2d 983 (Fla. 2d DCA 1984); Pridgeon v. State, 425 So.2d 8 (Fla. 1st DCA 1982); Kelsey v. State, 410 So.2d 988 (Fla. 1st DCA 1982); Gross v. State, 397 So.2d 313 (Fla. 4th DCA 1981); Lawson v. State, 383 So.2d 1114 (Fla. 3d DCA 1980). 1985See Hedges v. State, 172 So.2d 824 (Fla. 1965); Pouk v. State, 359 So.2d 929 (Fla. 2d DCA 1978); Delaford v. State, 449 So.2d 983 (Fla. 2d DCA 1984).	3	1985–1987
Brown v. State neutral fladistctapp · 1985 2 sentences 1987See, Alejo v. State, 483 So.2d 117 (Fla. 2d DCA 1986); Smiddy v. State, 468 So.2d 466 (Fla. 4th DCA 1985); Brown v. State, 467 So.2d 323 (Fla. 4th DCA 1985); Delaford v. State, 449 So.2d 983 (Fla. 2d DCA 1984); Pridgeon v. State, 425 So.2d 8 (Fla. 1st DCA 1982); Kelsey v. State, 410 So.2d 988 (Fla. 1st DCA 1982); Gross v. State, 397 So.2d 313 (Fla. 4th DCA 1981); Lawson v. State, 383 So.2d 1114 (Fla. 3d DCA 1980). 1985This court held in Brown v. State, 467 So.2d 323 (Fla. 4th DCA 1985): When the court gives an instruction on manslaughter, it must also give an instruction on justifiable and excusable homicide.	2	1985–1987
Pouk v. State green fladistctapp · 1978 2 sentences 1985See Hedges v. State, 172 So.2d 824 (Fla. 1965); Pouk v. State, 359 So.2d 929 (Fla. 2d DCA 1978); Delaford v. State, 449 So.2d 983 (Fla. 2d DCA 1984). 1985See Hedges v. State, 172 So.2d 824 (Fla. 1965); Pouk v. State, 359 So.2d 929 (Fla. 2d DCA 1978); Delaford v. State, 449 So.2d 983 (Fla. 2d DCA 1984).	2	1985–1985
State v. Black green fla · 1980 1 sentence 2024Id.	1	2024–2024
Singh v. State green fladistctapp · 2010 2 sentences 2012In Singh v. State, 36 So.3d 848 (Fla. 4th DCA 2010), this court distinguished Montgomery from instances in which a jury is also instructed on culpable negligence: The court in Salonko v. State, [ 42 So.3d 801 (Fla. 1st DCA 2010) ], found this extra instruction to be enough to distinguish the case from Montgomery, explaining that the fundamental error in Montgomery “does not exist when the trial court gives an instruction on manslaughter by culpable negligence.” “Although the jury found, by its second-degree murder verdict, that Appellant did not intend to kill the victim, based on the instruct 2012In Singh v. State, 36 So.3d 848 (Fla. 4th DCA 2010), this court distinguished Montgomery from instances in which a jury is also instructed on culpable negligence: The court in Salonko v. State, [ 42 So.3d 801 (Fla. 1st DCA 2010) ], found this extra instruction to be enough to distinguish the case from Montgomery, explaining that the fundamental error in Montgomery “does not exist when the trial court gives an instruction on manslaughter by culpable negligence.” “Although the jury found, by its second-degree murder verdict, that Appellant did not intend to kill the victim, based on the instruct	1	2012–2012
Piantadosi v. State green fladistctapp · 1981 1 sentence 1988As we said in Piantadosi v. State, 399 So.2d 382 , 384 n. 4 (Fla. 3d DCA 1981): "The Florida Supreme Court's decision in Reddick v. State, supra , makes clear that even if the trial court gives an instruction on an offense one step removed, the failure to instruct, upon the defendant's request, on another offense one step removed from the offense for which the defendant was convicted, is per se reversible." Accordingly, the defendant's conviction is reversed, and the cause is remanded for a new trial.	1	1988–1988
Lawson v. State green fladistctapp · 1980 1 sentence 1987See, Alejo v. State, 483 So.2d 117 (Fla. 2d DCA 1986); Smiddy v. State, 468 So.2d 466 (Fla. 4th DCA 1985); Brown v. State, 467 So.2d 323 (Fla. 4th DCA 1985); Delaford v. State, 449 So.2d 983 (Fla. 2d DCA 1984); Pridgeon v. State, 425 So.2d 8 (Fla. 1st DCA 1982); Kelsey v. State, 410 So.2d 988 (Fla. 1st DCA 1982); Gross v. State, 397 So.2d 313 (Fla. 4th DCA 1981); Lawson v. State, 383 So.2d 1114 (Fla. 3d DCA 1980).	1	1987–1987
Gross v. State green fladistctapp · 1981 1 sentence 1987See, Alejo v. State, 483 So.2d 117 (Fla. 2d DCA 1986); Smiddy v. State, 468 So.2d 466 (Fla. 4th DCA 1985); Brown v. State, 467 So.2d 323 (Fla. 4th DCA 1985); Delaford v. State, 449 So.2d 983 (Fla. 2d DCA 1984); Pridgeon v. State, 425 So.2d 8 (Fla. 1st DCA 1982); Kelsey v. State, 410 So.2d 988 (Fla. 1st DCA 1982); Gross v. State, 397 So.2d 313 (Fla. 4th DCA 1981); Lawson v. State, 383 So.2d 1114 (Fla. 3d DCA 1980).	1	1987–1987
Pridgeon v. State neutral fladistctapp · 1982 1 sentence 1987See, Alejo v. State, 483 So.2d 117 (Fla. 2d DCA 1986); Smiddy v. State, 468 So.2d 466 (Fla. 4th DCA 1985); Brown v. State, 467 So.2d 323 (Fla. 4th DCA 1985); Delaford v. State, 449 So.2d 983 (Fla. 2d DCA 1984); Pridgeon v. State, 425 So.2d 8 (Fla. 1st DCA 1982); Kelsey v. State, 410 So.2d 988 (Fla. 1st DCA 1982); Gross v. State, 397 So.2d 313 (Fla. 4th DCA 1981); Lawson v. State, 383 So.2d 1114 (Fla. 3d DCA 1980).	1	1987–1987
Smiddy v. State neutral fladistctapp · 1985 1 sentence 1987See, Alejo v. State, 483 So.2d 117 (Fla. 2d DCA 1986); Smiddy v. State, 468 So.2d 466 (Fla. 4th DCA 1985); Brown v. State, 467 So.2d 323 (Fla. 4th DCA 1985); Delaford v. State, 449 So.2d 983 (Fla. 2d DCA 1984); Pridgeon v. State, 425 So.2d 8 (Fla. 1st DCA 1982); Kelsey v. State, 410 So.2d 988 (Fla. 1st DCA 1982); Gross v. State, 397 So.2d 313 (Fla. 4th DCA 1981); Lawson v. State, 383 So.2d 1114 (Fla. 3d DCA 1980).	1	1987–1987
Kelsey v. State green fladistctapp · 1982 1 sentence 1987See, Alejo v. State, 483 So.2d 117 (Fla. 2d DCA 1986); Smiddy v. State, 468 So.2d 466 (Fla. 4th DCA 1985); Brown v. State, 467 So.2d 323 (Fla. 4th DCA 1985); Delaford v. State, 449 So.2d 983 (Fla. 2d DCA 1984); Pridgeon v. State, 425 So.2d 8 (Fla. 1st DCA 1982); Kelsey v. State, 410 So.2d 988 (Fla. 1st DCA 1982); Gross v. State, 397 So.2d 313 (Fla. 4th DCA 1981); Lawson v. State, 383 So.2d 1114 (Fla. 3d DCA 1980).	1	1987–1987
Bagley v. State green fladistctapp · 1960 1 sentence 1986Carter v. State, 469 So.2d 194, 196 (Fla. 2d DCA 1985); Bagley v. State, 119 So.2d 400 (Fla. 1st DCA 1960).	1	1986–1986
Green v. State neutral fladistctapp · 1971 1 sentence 1978Hedges v. State, 172 So.2d 824 (Fla. 1965); see, also, Whitehead v. State, 245 So.2d 94 (Fla. 2d *930 DCA 1971); Green v. State, 244 So.2d 167 (Fla. 3d DCA 1971).	1	1978–1978
In Re Standard Jury Instructions in Criminal Cases green fla · 1970 1 sentence 1974(In Re Standard Jury Instructions in Criminal Cases, Sup.Ct.Fla. 1970, 240 So.2d 472 ) Our sister court of the Second District has held that it is not reversible error when the trial court gives an instruction "sufficiently close" to the standard jury instruction.	1	1974–1974
State v. Bryan green fla · 1973 1 sentence 1974(Dunlap v. State, Fla.App. (2d) 1971, 252 So.2d 292 ) In State v. Bryan, supra, the Supreme Court said: "It is apparent that the Supreme Court's approval of recommended committee instructions is not iron clad or carte blanche and must be applied in each instance as appropriate.	1	1974–1974
Dunlap v. State green fladistctapp · 1971 1 sentence 1974(Dunlap v. State, Fla.App. (2d) 1971, 252 So.2d 292 ) In State v. Bryan, supra, the Supreme Court said: "It is apparent that the Supreme Court's approval of recommended committee instructions is not iron clad or carte blanche and must be applied in each instance as appropriate.	1	1974–1974
Goswick v. State green fla · 1962 1 sentence 1967Denial of such a privilege can hardly be classed as harmless.” ( 143 So.2d at 819 ) (emphasis supplied) The conflict is quite apparent in that the District Court assumes that whether a trial court gives an instruction on a lesser offense depends upon the allegations of the information or the indictment rather than upon lesser offenses the record of the trial evidence supports.	1	1967–1967
Cullum v. Branch of the Bank of Alabama green ala · 1842 1 sentence 1882Bank, 4 Ala., 21, 39 , the court gives the rule.	1	1882–1882

Statutes the citing opinions construe

FL § 782.04 (3) FL § 782.07 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 79 (1956–2026) FL 17 (1882–2024) TX 12 (1916–2018) NC 10 (1994–2014) WA 6 (2011–2016) IL 5 (1882–2026) ID 5 (1994–2016) MO 5 (1915–1993) OR 4 (2002–2026) CT 4 (1987–2017) OK 4 (1924–1967) NM 3 (1981–2023) CO 3 (2012–2025) IA 3 (1939–2026) MI 3 (2021–2024) LA 3 (1992–1998) WV 2 (1917–1997) NE 2 (1895–1917) AL 2 (2005–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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