incomplete and inaccurate instruction in Florida

11 Florida opinions name it 1 courts 1995–2003 0 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 (15)

Case	Followed	Cited
Ward v. Stategreen fladistctapp · 1995 · cited in 7 Florida opinions naming this issue, 1996–2003 2 sentences 2003See Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) (holding that the issuance of "`an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense'") (quoting Ward v. State, 655 So.2d 1290, 1292 (Fla. 5th DCA 1995)); see also Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994). 2003It is a longstanding principle that fundamental error is error that "reaches down into the legality of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the error alleged." Hamilton v. State, 88 So.2d 606, 607 (Fla.1956); see also Mc-Donald v. State, 743 So.2d 501, 505 (Fla. 1999); King v. State, 800 So.2d 734, 737 (Fla. 5th DCA 2001) ("If the trial court issues an incomplete or inaccurate jury instruction, fundamental error may occur if the error relates to an element of the crime.") (citations omitted); Dowling v. State, 723 So.2d	6	7
Hubbard v. Stategreen fladistctapp · 2000 · cited in 5 Florida opinions naming this issue, 2001–2003 2 sentences 2003See Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) (holding that the issuance of "`an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense'") (quoting Ward v. State, 655 So.2d 1290, 1292 (Fla. 5th DCA 1995)); see also Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994). 2001Charging the jury with "an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense." Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ( quoting Ward v. State, 655 So.2d 1290, 1291-92 (Fla. 5th DCA 1995) ( citing State v. Delva, 575 So.2d 643 (Fla.1991); Brumbley v. State, 453 So.2d 381 (Fla.1984); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995); Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994))).	5	5
Jones v. Stategreen fladistctapp · 1996 · cited in 3 Florida opinions naming this issue, 1997–2003 2 sentences 2003It is a longstanding principle that fundamental error is error that "reaches down into the legality of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the error alleged." Hamilton v. State, 88 So.2d 606, 607 (Fla.1956); see also Mc-Donald v. State, 743 So.2d 501, 505 (Fla. 1999); King v. State, 800 So.2d 734, 737 (Fla. 5th DCA 2001) ("If the trial court issues an incomplete or inaccurate jury instruction, fundamental error may occur if the error relates to an element of the crime.") (citations omitted); Dowling v. State, 723 So.2d 2001Finally, I believe the majority's opinion conflicts with the following decisions: Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ("The issuance of `an incomplete and inaccurate instruction on the law is fundamental error where it relates to the elements of the criminal offense.'"); Davis v. State, 736 So.2d 27, 28 (Fla. 4th DCA 1999) ("An inaccurate jury instruction constitutes fundamental error if the inaccuracy relates to an element of the charged offense."); Dowling v. State, 723 So.2d 307, 308 (Fla. 4th DCA 1998) ("Failure to give a complete or accurate instruction constitutes fu	3	3
Johnson v. Stategreen fladistctapp · 1994 · cited in 4 Florida opinions naming this issue, 1995–2003 2 sentences 2003See Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) (holding that the issuance of "`an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense'") (quoting Ward v. State, 655 So.2d 1290, 1292 (Fla. 5th DCA 1995)); see also Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994). 2001Charging the jury with "an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense." Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ( quoting Ward v. State, 655 So.2d 1290, 1291-92 (Fla. 5th DCA 1995) ( citing State v. Delva, 575 So.2d 643 (Fla.1991); Brumbley v. State, 453 So.2d 381 (Fla.1984); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995); Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994))).	2	4
Dowling v. Stategreen fladistctapp · 1998 · cited in 2 Florida opinions naming this issue, 2001–2003 2 sentences 2003It is a longstanding principle that fundamental error is error that "reaches down into the legality of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the error alleged." Hamilton v. State, 88 So.2d 606, 607 (Fla.1956); see also Mc-Donald v. State, 743 So.2d 501, 505 (Fla. 1999); King v. State, 800 So.2d 734, 737 (Fla. 5th DCA 2001) ("If the trial court issues an incomplete or inaccurate jury instruction, fundamental error may occur if the error relates to an element of the crime.") (citations omitted); Dowling v. State, 723 So.2d 2001Finally, I believe the majority's opinion conflicts with the following decisions: Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ("The issuance of `an incomplete and inaccurate instruction on the law is fundamental error where it relates to the elements of the criminal offense.'"); Davis v. State, 736 So.2d 27, 28 (Fla. 4th DCA 1999) ("An inaccurate jury instruction constitutes fundamental error if the inaccuracy relates to an element of the charged offense."); Dowling v. State, 723 So.2d 307, 308 (Fla. 4th DCA 1998) ("Failure to give a complete or accurate instruction constitutes fu	2	2
State v. Delvagreen fla · 1991 · cited in 2 Florida opinions naming this issue, 1995–2001 2 sentences 2001Charging the jury with "an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense." Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ( quoting Ward v. State, 655 So.2d 1290, 1291-92 (Fla. 5th DCA 1995) ( citing State v. Delva, 575 So.2d 643 (Fla.1991); Brumbley v. State, 453 So.2d 381 (Fla.1984); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995); Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994))). 1995See State v. Delva, 575 So.2d 643 (Fla. 1991); Brumbley v. State, 453 So.2d 381 (Fla. 1984); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995); Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994).	1	2
Hamilton v. Stategreen fla · 1956 · cited in 1 Florida opinions naming this issue, 2003–2003 1 sentence 2003It is a longstanding principle that fundamental error is error that "reaches down into the legality of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the error alleged." Hamilton v. State, 88 So.2d 606, 607 (Fla.1956); see also Mc-Donald v. State, 743 So.2d 501, 505 (Fla. 1999); King v. State, 800 So.2d 734, 737 (Fla. 5th DCA 2001) ("If the trial court issues an incomplete or inaccurate jury instruction, fundamental error may occur if the error relates to an element of the crime.") (citations omitted); Dowling v. State, 723 So.2d	1	1
McDonald v. Stategreen fla · 1999 · cited in 1 Florida opinions naming this issue, 2003–2003 1 sentence 2003It is a longstanding principle that fundamental error is error that "reaches down into the legality of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the error alleged." Hamilton v. State, 88 So.2d 606, 607 (Fla.1956); see also Mc-Donald v. State, 743 So.2d 501, 505 (Fla. 1999); King v. State, 800 So.2d 734, 737 (Fla. 5th DCA 2001) ("If the trial court issues an incomplete or inaccurate jury instruction, fundamental error may occur if the error relates to an element of the crime.") (citations omitted); Dowling v. State, 723 So.2d	1	1
King v. Stategreen fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2003–2003 1 sentence 2003It is a longstanding principle that fundamental error is error that "reaches down into the legality of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the error alleged." Hamilton v. State, 88 So.2d 606, 607 (Fla.1956); see also Mc-Donald v. State, 743 So.2d 501, 505 (Fla. 1999); King v. State, 800 So.2d 734, 737 (Fla. 5th DCA 2001) ("If the trial court issues an incomplete or inaccurate jury instruction, fundamental error may occur if the error relates to an element of the crime.") (citations omitted); Dowling v. State, 723 So.2d	1	1
Mercer v. Stategreen fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 2002–2002 1 sentence 2002See Mercer v. State, 656 So.2d 555, 556 (Fla. 1st DCA 1995); see also Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000). 1 Here, the jury instruction actually given omitted an element of the offense for which appellant was charged and ultimately convicted.	1	1
Viveros v. Stategreen fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 2001–2001 1 sentence 2001Finally, I believe the majority's opinion conflicts with the following decisions: Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ("The issuance of `an incomplete and inaccurate instruction on the law is fundamental error where it relates to the elements of the criminal offense.'"); Davis v. State, 736 So.2d 27, 28 (Fla. 4th DCA 1999) ("An inaccurate jury instruction constitutes fundamental error if the inaccuracy relates to an element of the charged offense."); Dowling v. State, 723 So.2d 307, 308 (Fla. 4th DCA 1998) ("Failure to give a complete or accurate instruction constitutes fu	1	1
Davis v. Stategreen fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2001–2001 1 sentence 2001Finally, I believe the majority's opinion conflicts with the following decisions: Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ("The issuance of `an incomplete and inaccurate instruction on the law is fundamental error where it relates to the elements of the criminal offense.'"); Davis v. State, 736 So.2d 27, 28 (Fla. 4th DCA 1999) ("An inaccurate jury instruction constitutes fundamental error if the inaccuracy relates to an element of the charged offense."); Dowling v. State, 723 So.2d 307, 308 (Fla. 4th DCA 1998) ("Failure to give a complete or accurate instruction constitutes fu	1	1
People v. Williamsgreen nyappdiv · 1986 · cited in 1 Florida opinions naming this issue, 2000–2000 2 sentences 2000Cf. Summers v. State, 672 So.2d 617, 618 (Fla. 5th DCA 1996) (finding fundamental error in a manslaughter case where the instruction on justifiable and excusable homicide was "incomplete in its failure to explain the alternative elements of excusable homicide"); Jones v. State, 666 So.2d 24 995, 998 (Fla. 5th DCA 1996) (finding that "the trial court's giving of an incomplete and inaccurate instruction on the law during jury instruction constitutes fundamental error where the error relates to an element of the offense"); Carter v. State, 469 So.2d 194, 196 (Fla. 2d DCA 1985) ("[W]here, as here 2000Cf. Summers v. State, 672 So.2d 617, 618 (Fla. 5th DCA 1996) (finding fundamental error in a manslaughter case where the instruction on justifiable and excusable homicide was "incomplete in its failure to explain the alternative elements of excusable homicide"); Jones v. State, 666 So.2d 24 995, 998 (Fla. 5th DCA 1996) (finding that "the trial court's giving of an incomplete and inaccurate instruction on the law during jury instruction constitutes fundamental error where the error relates to an element of the offense"); Carter v. State, 469 So.2d 194, 196 (Fla. 2d DCA 1985) ("[W]here, as here	1	1
Summers v. Stategreen fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 2000–2000 1 sentence 2000Cf. Summers v. State, 672 So.2d 617, 618 (Fla. 5th DCA 1996) (finding fundamental error in a manslaughter case where the instruction on justifiable and excusable homicide was "incomplete in its failure to explain the alternative elements of excusable homicide"); Jones v. State, 666 So.2d *24 995, 998 (Fla. 5th DCA 1996) (finding that "the trial court's giving of an incomplete and inaccurate instruction on the law during jury instruction constitutes fundamental error where the error relates to an element of the offense"); Carter v. State, 469 So.2d 194, 196 (Fla. 2d DCA 1985) ("[W]here, as here	1	1
Carter v. Stategreen fladistctapp · 1985 · cited in 1 Florida opinions naming this issue, 2000–2000 1 sentence 2000Cf. Summers v. State, 672 So.2d 617, 618 (Fla. 5th DCA 1996) (finding fundamental error in a manslaughter case where the instruction on justifiable and excusable homicide was "incomplete in its failure to explain the alternative elements of excusable homicide"); Jones v. State, 666 So.2d *24 995, 998 (Fla. 5th DCA 1996) (finding that "the trial court's giving of an incomplete and inaccurate instruction on the law during jury instruction constitutes fundamental error where the error relates to an element of the offense"); Carter v. State, 469 So.2d 194, 196 (Fla. 2d DCA 1985) ("[W]here, as here	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 (6)

Case	Cited	Years
Jones v. State green fladistctapp · 1995 2 sentences 2001Charging the jury with "an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense." Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ( quoting Ward v. State, 655 So.2d 1290, 1291-92 (Fla. 5th DCA 1995) ( citing State v. Delva, 575 So.2d 643 (Fla.1991); Brumbley v. State, 453 So.2d 381 (Fla.1984); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995); Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994))). 1997See, e.g., Jones v. State, 666 So.2d 995 (Fla. 5th DCA 1996); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995), abrogated on other grounds by State v. Wilson, 686 So.2d 569 (Fla.1996).	3	1995–2001
Brumbley v. State green fla · 1984 2 sentences 2001Charging the jury with "an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense." Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ( quoting Ward v. State, 655 So.2d 1290, 1291-92 (Fla. 5th DCA 1995) ( citing State v. Delva, 575 So.2d 643 (Fla.1991); Brumbley v. State, 453 So.2d 381 (Fla.1984); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995); Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994))). 1995See State v. Delva, 575 So.2d 643 (Fla. 1991); Brumbley v. State, 453 So.2d 381 (Fla. 1984); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995); Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994).	2	1995–2001
Young v. State green fladistctapp · 2000 1 sentence 2003We conclude that the use of the inaccurate (and less stringent) definition of malice "reduc[ed] the state's burden of proof on an essential element of the offense charged." Young, 753 So.2d at 729 .	1	2003–2003
Gill v. State green fladistctapp · 1991 1 sentence 2001Finally, I believe the majority's opinion conflicts with the following decisions: Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ("The issuance of `an incomplete and inaccurate instruction on the law is fundamental error where it relates to the elements of the criminal offense.'"); Davis v. State, 736 So.2d 27, 28 (Fla. 4th DCA 1999) ("An inaccurate jury instruction constitutes fundamental error if the inaccuracy relates to an element of the charged offense."); Dowling v. State, 723 So.2d 307, 308 (Fla. 4th DCA 1998) ("Failure to give a complete or accurate instruction constitutes fu	1	2001–2001
Cole v. State neutral fladistctapp · 1991 1 sentence 2001Finally, I believe the majority's opinion conflicts with the following decisions: Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ("The issuance of `an incomplete and inaccurate instruction on the law is fundamental error where it relates to the elements of the criminal offense.'"); Davis v. State, 736 So.2d 27, 28 (Fla. 4th DCA 1999) ("An inaccurate jury instruction constitutes fundamental error if the inaccuracy relates to an element of the charged offense."); Dowling v. State, 723 So.2d 307, 308 (Fla. 4th DCA 1998) ("Failure to give a complete or accurate instruction constitutes fu	1	2001–2001
State v. Wilson green fla · 1996 1 sentence 1997See, e.g., Jones v. State, 666 So.2d 995 (Fla. 5th DCA 1996); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995), abrogated on other grounds by State v. Wilson, 686 So.2d 569 (Fla.1996).	1	1997–1997

Statutes the citing opinions construe

FL § 827.03 (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.

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