fundamentally erroneous jury instruction (Florida) · Go Syfert
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fundamentally erroneous jury instruction in Florida

6 Florida opinions name it 2 courts 2012–2024 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 (6)

CaseFollowedCited
Arnold Jerome Knight v. State of Floridagreen
fladistctapp · 2018 · cited in 2 Florida opinions naming this issue, 2019–2024
2 sentences

2024See Joyner v. State, 41 So. 3d 306, 307 (Fla. 1st DCA 2010) (“Encouraging counsel to invite such error subverts the trial process and is counter to the interests of justice.”); Knight, 267 So. 3d at 47 (“To protect against tactical manipulation of the legal system, we cannot take an overly narrow view of what constitutes a waiver of a fundamentally erroneous jury instruction.”).

2019Id.

12
Joyner v. Stategreen
fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024See Joyner v. State, 41 So. 3d 306, 307 (Fla. 1st DCA 2010) (“Encouraging counsel to invite such error subverts the trial process and is counter to the interests of justice.”); Knight, 267 So. 3d at 47 (“To protect against tactical manipulation of the legal system, we cannot take an overly narrow view of what constitutes a waiver of a fundamentally erroneous jury instruction.”).

11
State of Florida v. Jimmy Moore, Jr.green
fla · 2016 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018See Moore v. State, 114 So. 3d 486, 493 (Fla. 1st DCA 2013), rev. granted, 168 So. 3d 229 (Fla. 2014), dismissed, 181 So. 3d 1186 (Fla. 2016); Burns v. State, 170 So. 3d 90 , 94 n.3 (Fla. 1st DCA 2015).

11
Moore v. Stategreen
fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018See Moore v. State, 114 So. 3d 486, 493 (Fla. 1st DCA 2013), rev. granted, 168 So. 3d 229 (Fla. 2014), dismissed, 181 So. 3d 1186 (Fla. 2016); Burns v. State, 170 So. 3d 90 , 94 n.3 (Fla. 1st DCA 2015).

11
Richardson v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See also Richardson v. State, 818 So.2d 679, 680 (Fla. 3d DCA 2002) (holding “defense counsel may waive [a fundamentally erroneous jury instruction] by ‘affirmatively agreeing] to the omission or the alteration of a jury instruction!.]’ ”) (quoting Philippe v. State, 795 So.2d 173, 174 (Fla. 3d DCA 2001)).

11
Philippe v. Stategreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See also Richardson v. State, 818 So.2d 679, 680 (Fla. 3d DCA 2002) (holding “defense counsel may waive [a fundamentally erroneous jury instruction] by ‘affirmatively agreeing] to the omission or the alteration of a jury instruction!.]’ ”) (quoting Philippe v. State, 795 So.2d 173, 174 (Fla. 3d DCA 2001)).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Burns v. State green
fladistctapp · 2015
1 sentence

2018See Moore v. State, 114 So. 3d 486, 493 (Fla. 1st DCA 2013), rev. granted, 168 So. 3d 229 (Fla. 2014), dismissed, 181 So. 3d 1186 (Fla. 2016); Burns v. State, 170 So. 3d 90 , 94 n.3 (Fla. 1st DCA 2015).

12018–2018
Singh v. State green
fladistctapp · 2010
1 sentence

2015His conviction was affirmed based on this court’s opinion in Singh v. State, 36 So.3d 848 (Fla. 4th DCA 2010).

12015–2015
Roundtree v. State green
fladistctapp · 2012
1 sentence

2012Roundtree v. State, 77 So.3d 846 (Fla. 5th DCA 2012); Cannon v. State, 77 So.3d 684 (Fla. 5th DCA 2011); Willis v. State, 70 So.3d 739 (Fla. 5th DCA 2011); Burton v. State, — So.3d -, 2011 WL 1326258 (Fla. 5th DCA 2011).

12012–2012
Burton v. State green
fladistctapp · 2011
1 sentence

2012Roundtree v. State, 77 So.3d 846 (Fla. 5th DCA 2012); Cannon v. State, 77 So.3d 684 (Fla. 5th DCA 2011); Willis v. State, 70 So.3d 739 (Fla. 5th DCA 2011); Burton v. State, — So.3d -, 2011 WL 1326258 (Fla. 5th DCA 2011).

12012–2012
Johnson v. State neutral
fladistctapp · 2011
1 sentence

2012Roundtree v. State, 77 So.3d 846 (Fla. 5th DCA 2012); Cannon v. State, 77 So.3d 684 (Fla. 5th DCA 2011); Willis v. State, 70 So.3d 739 (Fla. 5th DCA 2011); Burton v. State, — So.3d -, 2011 WL 1326258 (Fla. 5th DCA 2011).

12012–2012
Cannon v. State neutral
fladistctapp · 2011
1 sentence

2012Roundtree v. State, 77 So.3d 846 (Fla. 5th DCA 2012); Cannon v. State, 77 So.3d 684 (Fla. 5th DCA 2011); Willis v. State, 70 So.3d 739 (Fla. 5th DCA 2011); Burton v. State, — So.3d -, 2011 WL 1326258 (Fla. 5th DCA 2011).

12012–2012

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