non-standard instruction in Florida

5 Florida opinions name it 2 courts 2001–2012 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 (6)

Case	Followed	Cited
Doyle v. Stategreen fladistctapp · 1986 · cited in 2 Florida opinions naming this issue, 2001–2003 2 sentences 2003While it is preferable that a standard jury instruction is given if it adequately explains the law, see, e.g., McGuire v. State, 639 So.2d 1043, 1047 (Fla. 5th DCA 1994), and giving a non-standard instruction that misleads the jury is reversible error, see, e.g., Doyle v. State, 483 So.2d 89, 90 (Fla. 4th DCA 1986), the trial court's decision to give a particular instruction will not be reversed "unless the error complained of resulted in a miscarriage of justice, or where the instruction or failure to give a requested instruction was reasonably calculated to confuse or mislead the jury." Reyk 2001See, e.g., Doyle v. State, 483 So.2d 89, 90 (Fla. 4th DCA 1986).	2	2
McGuire v. Stategreen fladistctapp · 1994 · cited in 2 Florida opinions naming this issue, 2001–2003 2 sentences 2003While it is preferable that a standard jury instruction is given if it adequately explains the law, see, e.g., McGuire v. State, 639 So.2d 1043, 1047 (Fla. 5th DCA 1994), and giving a non-standard instruction that misleads the jury is reversible error, see, e.g., Doyle v. State, 483 So.2d 89, 90 (Fla. 4th DCA 1986), the trial court's decision to give a particular instruction will not be reversed "unless the error complained of resulted in a miscarriage of justice, or where the instruction or failure to give a requested instruction was reasonably calculated to confuse or mislead the jury." Reyk 2001We also note, however, that it is preferable that a standard jury instruction be given if it adequately explains the law, see, e.g., McGuire v. State, 639 So.2d 1043, 1047 (Fla. 5th DCA 1994), and giving a non-standard instruction that misleads the jury is reversible error.	2	2
Carpenter v. Stategreen fla · 2001 · cited in 1 Florida opinions naming this issue, 2012–2012 1 sentence 2012See Carpenter v. State, 785 So.2d 1182, 1200 (Fla.2001) (holding that “it is preferable that a standard jury instruction be given if it adequately explains the law, and giving a non-standard instruction that misleads the jury is reversible error”) (citations omitted).	1	1
ROBY EX REL. ROBY v. Kingsleygreen fladistctapp · 1986 · cited in 1 Florida opinions naming this issue, 2007–2007 1 sentence 2007See Roby v. Kingsley, 492 So.2d 789 (Fla. 1st DCA 1986).	1	1
Reyka v. Halifax Hosp. Dist.green fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 2003–2003 1 sentence 2003Dist., 657 So.2d 967, 969 (Fla. 5th DCA 1995).	1	1
Perriman v. Stategreen fla · 1999 · cited in 1 Florida opinions naming this issue, 2001–2001 1 sentence 2001In Perriman v. State 731 So.2d 1243, 1246-1248 (Fla.1999), the Supreme Court stated: Where a jury is confused concerning a point of law, the court must exercise sound discretion.	1	1

Distinguished, questioned or overruled (0)

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

Where else courts name it

FL 5 (2001–2012) MI 2 (2017–2017)

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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