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5 Florida opinions name it 1 courts 1989–2018 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 |
|---|---|---|
State of Florida v. Damani Spencergreen1 sentence2018See Spencer, 216 So. 3d at 488 . | 1 | 1 |
Corzo v. Stategreen1 sentence2018See Corzo v. State, 806 So. 2d 642, 644 (Fla. 2d DCA 2002) (distinguishing between issues that might have been raised on direct appeal and those that might or might not also be raised as postconviction ineffective assistance claims). | 1 | 1 |
Jimenez v. Stategreen1 sentence2015In a somewhat similar line of cases, the district courts have found that fundamental error in an incomplete manslaughter instruction is not waived even if defense counsel requested that the manslaughter instruction not be given at all, because “it is settled that that defendant’s desire to have no manslaughter instruction given at all ... does not amount to an agreement to have the issue instructed upon in a fundamentally erroneous fashion.” Bradshaw v. State, 61 So.3d 1266, 1266 (Fla. 3d DCA 2011) (citing Jimenez v. State, 994 So.2d 1141, 1143 (Fla. 3d DCA 2008)); see also Wade v. State, 155 | 1 | 1 |
Fredrick Lee Wade v. State of Floridagreen1 sentence2015In a somewhat similar line of cases, the district courts have found that fundamental error in an incomplete manslaughter instruction is not waived even if defense counsel requested that the manslaughter instruction not be given at all, because “it is settled that that defendant’s desire to have no manslaughter instruction given at all ... does not amount to an agreement to have the issue instructed upon in a fundamentally erroneous fashion.” Bradshaw v. State, 61 So.3d 1266, 1266 (Fla. 3d DCA 2011) (citing Jimenez v. State, 994 So.2d 1141, 1143 (Fla. 3d DCA 2008)); see also Wade v. State, 155 | 1 | 1 |
Hall v. Stategreen1 sentence2015In a somewhat similar line of cases, the district courts have found that fundamental error in an incomplete manslaughter instruction is not waived even if defense counsel requested that the manslaughter instruction not be given at all, because “it is settled that that defendant’s desire to have no manslaughter instruction given at all ... does not amount to an agreement to have the issue instructed upon in a fundamentally erroneous fashion.” Bradshaw v. State, 61 So.3d 1266, 1266 (Fla. 3d DCA 2011) (citing Jimenez v. State, 994 So.2d 1141, 1143 (Fla. 3d DCA 2008)); see also Wade v. State, 155 | 1 | 1 |
Bradshaw v. Stategreen1 sentence2015In a somewhat similar line of cases, the district courts have found that fundamental error in an incomplete manslaughter instruction is not waived even if defense counsel requested that the manslaughter instruction not be given at all, because “it is settled that that defendant’s desire to have no manslaughter instruction given at all ... does not amount to an agreement to have the issue instructed upon in a fundamentally erroneous fashion.” Bradshaw v. State, 61 So.3d 1266, 1266 (Fla. 3d DCA 2011) (citing Jimenez v. State, 994 So.2d 1141, 1143 (Fla. 3d DCA 2008)); see also Wade v. State, 155 | 1 | 1 |
Harris v. Stategreen1 sentence1993As was the case in Harris v. State, 580 So.2d 243, 246 (Fla. 1st DCA 1991), this court is again required to “turn back the appellate clock” to determine whether the giving of an incomplete manslaughter instruction was error cognizable at the time petitioner directly appealed his convictions in 1986. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rojas v. State
green
2 sentences1993Rojas v. State, 552 So.2d 914 (Fla.1989). 1992Hayes followed Rojas v. State, 552 So.2d 914 (Fla.1989), in finding fundamental error in a situation in which there was an incomplete manslaughter instruction given. | 2 | 1992–1993 |
Tobey v. State
green
1 sentence2018Id. at 1198-1200 . | 1 | 2018–2018 |
Banda v. State
green
1 sentence2018Id. | 1 | 2018–2018 |
Strickland v. Washington
green
2 sentences1993Johnson v. Wainwright, 463 So.2d 207 (Fla.1985); Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 1993Johnson v. Wainwright, 463 So.2d 207 (Fla.1985); Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 1993–1993 |
Johnson v. Wainwright
green
1 sentence1993Johnson v. Wainwright, 463 So.2d 207 (Fla.1985); Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 1993–1993 |
Squires v. State
green
1 sentence1993Rojas; Squires v. State, 450 So.2d 208 (Fla.1984). | 1 | 1993–1993 |
State v. Bryan
green
1 sentence1989Yet in State v. Bryan, 287 So.2d 73 (Fla. 1973), the supreme court found no fundamental error in an incomplete manslaughter instruction (where the omission concerned the definition of culpable negligence, not excusable or justifiable homicide) when the defendant was convicted of second-degree murder. | 1 | 1989–1989 |