giving of an erroneous instruction (Florida) · Go Syfert
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giving of an erroneous instruction in Florida

5 Florida opinions name it 2 courts 1978–2017 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.

Followed or applied (4)

CaseFollowedCited
Williams v. Stategreen
fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013Mueller, 100 So.3d at 48 (jury instructed on attempted first-degree murder, attempted second-degree murder, attempted manslaughter by act, aggravated battery, and battery); Williams v. State, 40 So.3d 72, 73 (Fla. 4th DCA 2010), quashed, 123 So.3d 23 (jury instructed on attempted first-degree murder, attempted second-degree murder, attempted manslaughter by act, and aggravated battery).

11
Mueller v. Stategreen
fladistctapp · 2011 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013Mueller, 100 So.3d at 48 (jury instructed on attempted first-degree murder, attempted second-degree murder, attempted manslaughter by act, aggravated battery, and battery); Williams v. State, 40 So.3d 72, 73 (Fla. 4th DCA 2010), quashed, 123 So.3d 23 (jury instructed on attempted first-degree murder, attempted second-degree murder, attempted manslaughter by act, and aggravated battery).

11
Smith v. Stategreen
fla · 1988 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002See id. at 108 ; see also Holiday v. State, 753 So.2d 1264, 1269-70 (Fla.2000) (relying on Smith to support the conclusion that the giving of an erroneous standard jury instruction on the entrapment defense, which improperly explained the law with respect to the burden of proof in such cases, did not constitute fundamental error).

11
Holiday v. Stategreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002See id. at 108 ; see also Holiday v. State, 753 So.2d 1264, 1269-70 (Fla.2000) (relying on Smith to support the conclusion that the giving of an erroneous standard jury instruction on the entrapment defense, which improperly explained the law with respect to the burden of proof in such cases, did not constitute fundamental error).

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
Haygood v. State green
fla · 2013
1 sentence

2017However, in Haygood, 109 So.3d at 743 , we held that fundamental error caused by the then-erroneous standard jury instruction on manslaughter by act is not cured by the mere giving of an instruction on manslaughter by culpable negligence unless the evidence in the case reasonably supports a conviction of that offense.

12017–2017
Williams v. State green
fla · 2013
1 sentence

2013Mueller, 100 So.3d at 48 (jury instructed on attempted first-degree murder, attempted second-degree murder, attempted manslaughter by act, aggravated battery, and battery); Williams v. State, 40 So.3d 72, 73 (Fla. 4th DCA 2010), quashed, 123 So.3d 23 (jury instructed on attempted first-degree murder, attempted second-degree murder, attempted manslaughter by act, and aggravated battery).

12013–2013
McBride v. State green
fladistctapp · 2002
1 sentence

2002McBride v. State, 816 So.2d 656 (Fla. 2d DCA 2002).

12002–2002
Castlewood International Corporation v. LaFleur green
fla · 1975
1 sentence

1978See: Dade Underwriters Insurance Agency, Inc. v. Azif, 202 So.2d 809 (Fla. 3d DCA 1967); Shank v. Fassoulas, 304 So.2d 469 (Fla. 3d DCA 1974); Castlewood International Corporation v. LaFleur, 322 So.2d 520 (Fla.1976); Florida Rules Civil Procedure 1.530(d).

11978–1978
Shank v. Fassoulas green
fladistctapp · 1974
1 sentence

1978See: Dade Underwriters Insurance Agency, Inc. v. Azif, 202 So.2d 809 (Fla. 3d DCA 1967); Shank v. Fassoulas, 304 So.2d 469 (Fla. 3d DCA 1974); Castlewood International Corporation v. LaFleur, 322 So.2d 520 (Fla.1976); Florida Rules Civil Procedure 1.530(d).

11978–1978
Dade Underwriters Insurance Agency v. Azif neutral
fladistctapp · 1967
1 sentence

1978See: Dade Underwriters Insurance Agency, Inc. v. Azif, 202 So.2d 809 (Fla. 3d DCA 1967); Shank v. Fassoulas, 304 So.2d 469 (Fla. 3d DCA 1974); Castlewood International Corporation v. LaFleur, 322 So.2d 520 (Fla.1976); Florida Rules Civil Procedure 1.530(d).

11978–1978

Where else courts name it

MO 22 (1906–2013) WV 21 (1907–2024) AR 20 (1929–2023) CA 20 (1932–2014) OK 17 (1913–1988) IN 17 (1887–2025) ID 7 (1918–1994) SC 6 (1961–2007) NE 6 (1895–1978) FL 5 (1978–2017) AL 5 (1985–2007) AZ 4 (1921–1995) MS 4 (1922–1970) IL 3 (1968–1983) CO 2 (1945–1992) MN 2 (1962–1975) OR 2 (2014–2021) RI 2 (1979–1979) WA 2 (1975–1978) WY 2 (1981–2017) UT 2 (1969–1973)

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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