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9 Florida opinions name it 2 courts 2011–2017 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.
| Case | Followed | Cited |
|---|---|---|
Lamb v. Stategreen2 sentences2014Petitioner’s counsel could have raised the issue which had already been extended to the attempted voluntary manslaughter instruction by Lamb v. State, 18 So.3d 734, 735 (Fla. 1st DCA 2009). 2012However, in Lamb v. State, 18 So.3d 734, 735 (Fla. 1st DCA 2009), the First District applied its reasoning in Montgome'i~y to the standard attempted voluntary manslaughter instruction. | 2 | 2 |
State v. Montgomeryyellow2 sentences2015Whereas Montgomery states that a defendant is entitled to an accurate instruction on the charged offenses and all lesser included offenses, 39 So.3d at 258 , Williams, 123 So.3d at 29 ; see also Haygood v. State, 109 So.3d 735, 742 (Fla.2013), the jury instructions here improperly included an “intent to kill” element as part of the attempted voluntary manslaughter instruction to the jury. 2011Applying the reasoning of State v. Montgomery, 39 So.3d 252 (Fla.2010), which dealt with the standard jury instructions for voluntary manslaughter given as a necessary lesser included offense of first-degree murder, this court concluded that the attempted voluntary manslaughter instruction given in Houston was fundamental error: The [Montgomery] court concluded that “because Montgomery’s conviction for second-degree murder was only one step removed from the necessarily lesser included offense of manslaughter ... fundamental error occurred ... which was per se reversible where the manslaughter | 1 | 4 |
Haygood v. Stateyellow1 sentence2015Whereas Montgomery states that a defendant is entitled to an accurate instruction on the charged offenses and all lesser included offenses, 39 So.3d at 258 , Williams, 123 So.3d at 29 ; see also Haygood v. State, 109 So.3d 735, 742 (Fla.2013), the jury instructions here improperly included an “intent to kill” element as part of the attempted voluntary manslaughter instruction to the jury. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Williams v. State
green
2 sentences2017Id. at 30 . 4 The State argues that Daugherty is not entitled to relief because the jury was also instructed on the lesser included offense of aggravated battery. 2015Whereas Montgomery states that a defendant is entitled to an accurate instruction on the charged offenses and all lesser included offenses, 39 So.3d at 258 , Williams, 123 So.3d at 29 ; see also Haygood v. State, 109 So.3d 735, 742 (Fla.2013), the jury instructions here improperly included an “intent to kill” element as part of the attempted voluntary manslaughter instruction to the jury. | 2 | 2015–2017 |
Williams v. State
green
1 sentence2014Williams, 40 So.3d at 72 . | 1 | 2014–2014 |
Houston v. State
green
1 sentence2011Although this court has certified conflict with the Fourth District’s conclusion with regard to the attempted voluntary manslaughter instruction, Houston v. State, - So.3d -, -, 2011 WL 3518029 (Fla. 2d DCA 2011), we agree with the Fourth District’s implicit statement that the 2008 amended instruction cured the defect present in Montgomery . | 1 | 2011–2011 |
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.