Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
5 Florida opinions name it 1 courts 2011–2013 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 v. Montgomerygreen2 sentences2013In determining that the attempted manslaughter by act instruction was fundamentally erroneous under the facts of that case, the court relied on its opinion in State v. Montgomery, 39 So.3d 252, 258 (Fla.2010), which held that the use of the then-standard manslaughter by act instruction constituted fundamental error when Montgomery was convicted of second-degree murder because it contained an additional element of intent to kill. 2012The notice of appeal in Arnold’s case was filed after the First District decided Montgomery v. State, 70 So.3d 603 (Fla. 1st DCA 2009), approved, 39 So.3d 252 (Fla.2010), in which it held that the then-standard manslaughter by act instruction was fundamentally erroneous because it improperly contained an additional element of intent to kill. 2 The day after the notice was filed, the supreme court accepted the Montgomery decision for review. | 1 | 3 |
Ramsey v. Stategreen2 sentences2011However, in Del Valle v. State, 52 So.3d 16, 18 (Fla. 2d DCA 2010), this court recognized that in Montgomery, “the supreme court effectively overruled this court’s decision in Zeigler.” Thus this court held that appellate counsel was ineffective in failing to argue based on the First District’s Montgomery decision that the then-standard manslaughter by act instruction was fundamentally erroneous even though the Hall court did not consider the instruction to be erroneous at all. 2011Del Valle, 52 So.3d at 17-19 . | 1 | 1 |
Zeigler v. Stategreen1 sentence2011In October of 2009, this court in Zeigler v. State, 18 So.3d 1239, 1243-45 (Fla. 2d DCA 2009), held that the then-standard manslaughter by act instruction, when *362 considered as a whole, was not fundamentally erroneous. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Montgomery v. State
green
2 sentences2012The notice of appeal in Arnold’s case was filed after the First District decided Montgomery v. State, 70 So.3d 603 (Fla. 1st DCA 2009), approved, 39 So.3d 252 (Fla.2010), in which it held that the then-standard manslaughter by act instruction was fundamentally erroneous because it improperly contained an additional element of intent to kill. 2 The day after the notice was filed, the supreme court accepted the Montgomery decision for review. 2012In that case, both the initial brief and the answer brief were filed in Banek’s direct appeal before the First District issued its opinion in Montgomery v. State, 70 So.3d 603 (Fla. 1st DCA 2009), which was the first case to hold that the then-standard manslaughter by act instruction tyas fundamentally erroneous. 75 So.3d at 764 . | 4 | 2011–2012 |
Wright v. State
green
1 sentence2012State v. Montgomery, 11 So.3d 943 (Fla. 2009). | 1 | 2012–2012 |
Banek v. State
green
1 sentence2012In that case, both the initial brief and the answer brief were filed in Banek’s direct appeal before the First District issued its opinion in Montgomery v. State, 70 So.3d 603 (Fla. 1st DCA 2009), which was the first case to hold that the then-standard manslaughter by act instruction tyas fundamentally erroneous. 75 So.3d at 764 . | 1 | 2012–2012 |