incomplete manslaughter instruction (Florida) · Go Syfert
← Florida issues

incomplete manslaughter instruction in Florida

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.

Followed or applied (7)

CaseFollowedCited
State of Florida v. Damani Spencergreen
fla · 2017 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018See Spencer, 216 So. 3d at 488 .

11
Corzo v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018See 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).

11
Jimenez v. Stategreen
fladistctapp · 2008 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015In 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

11
Fredrick Lee Wade v. State of Floridagreen
fladistctapp · 2015 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015In 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

11
Hall v. Stategreen
fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015In 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

11
Bradshaw v. Stategreen
fladistctapp · 2011 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015In 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

11
Harris v. Stategreen
fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 1993–1993
1 sentence

1993As 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.

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 (7)

CaseCitedYears
Rojas v. State green
fla · 1989
2 sentences

1993Rojas 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.

21992–1993
Tobey v. State green
fladistctapp · 1988
1 sentence

2018Id. at 1198-1200 .

12018–2018
Banda v. State green
fla · 1988
1 sentence

2018Id.

12018–2018
Strickland v. Washington green
scotus · 1984
2 sentences

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).

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).

11993–1993
Johnson v. Wainwright green
fla · 1985
1 sentence

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).

11993–1993
Squires v. State green
fla · 1984
1 sentence

1993Rojas; Squires v. State, 450 So.2d 208 (Fla.1984).

11993–1993
State v. Bryan green
fla · 1973
1 sentence

1989Yet 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.

11989–1989

← Caselaw search · G Cite Topics · Brief Check