Taylor v. State
No. 1D21-1489 (Fla. Dist. Ct. App. Jun. 14, 2023)
Section 782.07(3), Florida Statutes (2018), provides, "A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(2)(b) commits aggravated manslaughter of a child, a felony of the first degree ...." The elements of aggravated manslaughter of a child by culpable negligence under section 782.07(3) therefore are: 1) the defendant caused; 2) the death of a person under the age of eighteen; 3) by culpable negligence under section 827.03(2)(b). Culpable negligence is not defined in section 827.03(2)(b) but is defined in various cases as discussed below.
PAGE 5
Reed v. State
350 So. 3d 836 (Fla. Dist. Ct. App. 2022) Cited 2 times
Manslaughter contains two elements that must be proven beyond a reasonable doubt by the State: that the victim is dead and that the accused intentionally committed an act that caused the victim's death, or that the death of the victim resulted from the culpable negligence of the accused. § 782.07, Fla. Stat.; Tyus v. State , 845 So. 2d 318, 321 (Fla. 1st DCA 2003). Here, the State introduced eyewitness testimony indicating that Appellant was situated beside the victim as the only reasonable person who could have shot the victim. Additionally, Appellant placed himself at the crime scene when the shooting occurred and admitted to running down the path where the murder weapon was recovered by the police. Finally, Appellant could be heard yelling at the hospital about committing a murder. Based on this evidence, a reasonable juror could believe beyond a reasonable doubt that Appellant shot the victim. The evidence was therefore competent and substantial, and Appellant's argument fails.
PAGE 839
Baker v. State
No. 1D22-1182 (Fla. Dist. Ct. App. Oct. 19, 2022)
Petitioner's second claim is just as meritless. He contends that appellate counsel failed to argue that the trial court committed a fundamental error when it instructed the jury that the State did not have to prove Petitioner intended to cause the death of the victim to find him guilty of second-degree murder. Petitioner ignores that the State charged him with second-degree murder under section 782.04(2) and 782.07(3), Florida Statutes (2012). Section 782.04(2) states that "the unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree." The State did not have to prove that Petitioner acted with the specific intent to cause the victim's death, merely that he committed a dangerous act without regard for the victim's wellbeing that resulted in the victim's death. The trial court did not improperly instruct the jury or otherwise commit a fundamental error when it instructed them.
PAGE 4
Darling v. State
347 So. 3d 473 (Fla. Dist. Ct. App. 2022)
As to the second contention of error, this Court has previously held that the use of a firearm is not an element of the offense of manslaughter. See Minor v. State, 707 So. 2d 1184, 1184 (Fla. 3d DCA 1998) ; § 782.07(1), Fla. Stat. Thus, where a jury renders a finding that a firearm was used during the commission of the crime, manslaughter is properly reclassified as a first-degree felony. See Minor, 707 So. 2d at 1184 ; § 775.087(1)(b), Fla. Stat. This subjects the offender to a sentence not to exceed thirty years. See § 775.082(3)(b), Fla. Stat.
PAGE 475
Stephens v. State
331 So. 3d 1241 (Fla. Dist. Ct. App. 2022)
Here, for aggravated manslaughter of a child, section 782.07, Florida Statutes, provides that "[a] person who causes the death of any person under the age of 18 by culpable negligence under s[ection] 827.03(b)(2) commits aggravated manslaughter of a child, a felony of the first degree" § 782.07(3), Fla. Stat. To prove the crime of aggravated manslaughter of a child, the State must prove (1) the victim is dead; (2) the death of the victim was caused by the defendant's culpable negligence; and (3) the victim was at the time a child. Fla. Std. Jury Instr. (Crim.) 7.7(a).
PAGE 1254
Burke v. Dixon
5:20cv241-RV/MAF (N.D. Fla. Dec. 17, 2021)
Motion to dismiss
1 more...
By information filed April 13, 2015, in Gulf County Circuit Court case number 2015-CF-00093A, the State of Florida charged Petitioner Steven Burke with manslaughter with a firearm, in violation of sections 775.087 and 782.07, Florida Statutes, in connection with events that occurred on or about March 18, 2015, resulting in the death of Michael E. Burke, Petitioner's brother. Ex. 2. Petitioner Burke proceeded to a jury trial in November 2015. Exs. 1, 3. He did not testify. Ex. 13 at 300-01. On November 13, 2015, the jury found him guilty as charged. Ex. 3. On January 7, 2016, the judge sentenced him to fifteen (15) years in prison, with credit for 185 days. Ex. 3.
PAGE 2
Groover v. Polk Cnty. Bd. of Cnty. Comm'rs
570 F. Supp. 3d 1134 (M.D. Fla. 2021) Cited 2 times
Motion for summary judgment
Motion to dismiss
8 more...
Defendants next argue that Plaintiffs’ claims for wrongful death – manslaughter under section 782.07, Florida Statutes, fail as a matter of law because "there is no such civil cause of action." (Doc. 188 at 16–18; Doc. 189 at 16–17; Doc. 190 at 16; Doc. 191 at 19–20.) They are correct. Section 95.11(10) eliminates a statute of limitations when an intentional tort constituting manslaughter as defined in section 782.07 forms the basis for the death giving rise to the wrongful death claim, but it does not create a new cause of action.
PAGE 1152
Marquardt v. Inch
No. 18-CV-81039-ROSENBERG (S.D. Fla. Jul. 27, 2021)
4 more...
Review of the record above demonstrates that counsel, as a matter of strategy, opted not to include lesser included offenses in the jury instructions. A manslaughter instruction would have been inconsistent with counsel's “mere presence” theory. In pertinent part, the evidence presented at trial was that Baccari met with the victim with the intention of committing a robbery. During the felony, Baccari shot the victim with a firearm. Petitioner drove the getaway car. Manslaughter, under Florida law, is the killing of a human being without lawful justification when such killing is not “excusable homicide or murder.” Fla. Stat. § 782.07. Counsel's mere presence theory hinged on whether Petitioner had knowledge of Baccari's (or Bussey's) intent to commit the robbery, not on the premise that Baccari's (or Bussey's) killing of the victim did not constitute murder. Nothing provided by the Petitioner suggests that his counsel's decisions concerning jury instructions were based upon anything other than trial strategy. In light of the evidence presented, counsel's strategic decision was reasonable. See Chandler v. United States, 218 F.3d 1305, 1314 (11th Cir. 2000) (en banc); see…
Merrill v. Sec'y, Fla. Dep't of Corr.
No. 20-10594 (11th Cir. Jun. 9, 2021)
1 more...
Under Florida law, a defendant may be convicted of manslaughter if he kills someone through "culpable negligence." Fla. Stat. § 782.07(1). Culpable negligence is "a gross and flagrant violation of a duty of care that causes injury," or a "course of conduct showing reckless disregard [for] human life." Ramos v. State, 89 So.3d 1119, 1121 (Fla. 1st DCA 2012) (quotation marks omitted). Culpable negligence may include accidentally shooting and killing someone. See, e.g., Sapp v. State, 913 So.2d 1220, 1224-26 (Fla. 4th DCA 2005); Navarro v. State, 433 So.2d 1011, 1012 (Fla. 3d DCA 1983) (affirming the defendant's conviction for manslaughter based on his culpable negligence after he accidentally shot his girlfriend who had walked into the room while he was "test firing" his weapon) (quotation marks omitted).
PAGE 10
Houk v. State
316 So. 3d 788 (Fla. Dist. Ct. App. 2021) Cited 1 times
In Valdes v. State , 3 So. 3d 1067, 1068, 1071–75 (Fla. 2009), the Florida Supreme Court abandoned the "primary evil" and "core offense" tests previously used to determine whether two offenses are degree variants of the same underlying offense under section 775.021(4)(b) 2. such that convictions for both violate double jeopardy and instead adopted the approach set forth by Justice Cantero in a special concurrence in State v. Paul , 934 So. 2d 1167 (Fla. 2006). Specifically, the Court held that offenses fall under section 775.021(4)(b) 2. only when they "constitute different degrees of the same offense, as explicitly set forth in the relevant statutory sections." Id. at 1068, 1076–77. "Degree," in this context, means "a level based on the seriousness of an offense." Id. at 1076 (providing examples of degree variants by citing Justice Cantero's special concurrence that "[o]ne example is the theft statute, which expressly identifies three degrees of grand theft and two degrees of petit theft. See § 812.014, Fla. Stat. (2005). Another is the homicide statute, which expressly identifies three degrees of murder, as well as multiple forms of manslaughter. See id. §§ 782.04…

Cases from cite.case.law:

DOOLEY, v. STATE, 268 So. 3d 880 (Fla. App. Ct. 2019)

. . . Dooley was subsequently charged with one count of manslaughter with a weapon under sections 782.07(1) . . .

HOWARD, v. STATE, 259 So. 3d 323 (Fla. App. Ct. 2018)

. . . See §§ 777.04(4)(a); 782.07(1), Fla. Stat. (2016). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 259 So. 3d 754 (Fla. 2018)

. . . Second degree 782.04(2) 7.4 (depraved mind) murder Manslaughter 782.07 7.7 Aggravated 782.07(3) 7.7(a . . . ) Manslaughter (Child) Second degree 782.04(3) 7.5 (felony) murder Aggravated 782.07(2) 7.7(a) Manslaughter . . . (Elderly Person/Disabled Adult) Aggravated 782.07(4) 7.7(a) Manslaughter (Officer/Firefighter/EMT/Paramedic . . . Manslaughter 782.07 7.7 Aggravated 782.07(3) 7.7(a) Manslaughter (Child) Aggravated 782.07(2) 7.7(a) . . . Manslaughter (Elderly Person/Disabled Adult) Aggravated 782.07(4) 7.7(a) Manslaughter (Officer/Firefighter . . .

SHEPARD, v. STATE, 259 So. 3d 701 (Fla. 2018)

. . . . § 782.07, Fla. Stat. (2018) ; see § 775.082(3)(d), Fla. Stat. (2018). . . .

OVALLES, v. UNITED STATES, 905 F.3d 1231 (11th Cir. 2018)

. . . . § 782.07(1). . . .

ROBINSON, v. STATE, 249 So. 3d 791 (Fla. App. Ct. 2018)

. . . . §§ 775.087(1)(b), 782.07(1), Fla. Stat. (2015). § 812.13(2)(b), Fla. Stat. (2015). . . .

GRAVES, v. STATE, 248 So. 3d 1238 (Fla. App. Ct. 2018)

. . . sentence pursuant to s. 775.082, s. 775.083, or s. 775.084. (8) For manslaughter as described in s. 782.07 . . . for 15 years before eligibility for release shall be imposed. (4) For manslaughter as described in s. 782.07 . . . 15 years before eligibility for release shall be imposed ]. (4) For manslaughter as described in s. 782.07 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 236 So. 3d 282 (Fla. 2018)

. . . Second degree 782.04(2) 7.4 (depraved mind) murder Manslaughter 782.07 7.7 Aggravated 782.07(3) 7.7(a . . . Manslaughter 782.07 7.7 Aggravated 782.07(3) 7.7(a) Manslaughter (Child) Aggravated 782.07(2) 7.7(a) . . . Manslaughter* 782.07 7.7 Aggravated 782.07(3) 7.7(a) Manslaughter (Child) Aggravated 782.07(2) 7.7(a) . . . (2), § 782.07(3), and § 782.07(4), Fla. . . . Lesser Included Offenses AGGRAVATED MANSLAUGHTER - 782.07(2), 782.07(3), AND 782.07(4) CATEGORY ONE CATEGORY . . .

J. C. v. STATE, 233 So. 3d 519 (Fla. Dist. Ct. App. 2018)

. . . .” § 782.07(1), Fla. Stat. (2016). . . .

HOPE, v. STATE, 239 So. 3d 737 (Fla. App. Ct. 2017)

. . . The judgment erroneously cites to section 782.07, Florida Statutes (2015), for the crime of burglary . . .

PINKNEY, v. SECRETARY, DOC,, 876 F.3d 1290 (11th Cir. 2017)

. . . charged Pinkney with four crimes: manslaughter with a firearm, in violation of Florida Statutes §§ 782.07 . . .

WYCHE, v. STATE, 232 So. 3d 1117 (Fla. Dist. Ct. App. 2017)

. . . immunity from prosecution for the pregnant woman was not abrogated by sections 390.001, 782.04, and 782.07 . . .

DEAN, v. STATE, 230 So. 3d 420 (Fla. 2017)

. . . . § 782.07(1), Fla. Stat. (2004). . . .

STATE v. SPENCER,, 216 So. 3d 481 (Fla. 2017)

. . . manslaughter by act with the exception of the underlined provisions: ATTEMPTED MANSLAUGHTER BY ACT §§ 782.07 . . . , a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 782.07 . . . Pursuant to section 782.07(1), the absence of justification and excuse is fundamental to the very definition . . .

STATE v. DOMINIQUE,, 215 So. 3d 1227 (Fla. 2017)

. . . manslaughter by act was erroneous because it imposed an element of an intent to kill not contained in section 782.07 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 213 So. 3d 680 (Fla. 2017)

. . . This instruction was adopted in 1981 and amended in 2017. 6.6 ATTEMPTED MANSLAUGHTER BY ACT §§ 782.07 . . . adopted in 1994 |636 So. 2d 502] and amended in 2014 [ 132 So. 3d 11241 and 2017. 7.7 MANSLAUGHTER § 782.07 . . .

KNIGHT, v. STATE, 213 So. 3d 1019 (Fla. Dist. Ct. App. 2017)

. . . See § 782.07(3), Fla. Stat. (2015). . . .

UNITED STATES v. DRIVER, a. k. a., 663 F. App'x 915 (11th Cir. 2017)

. . . violation of Florida Statute § 787.02, (2) manslaughter with a firearm in violation of Florida Statute § 782.07 . . . s convictions for false imprisonment and manslaughter in violation of Florida Statute §§ 787.02 and 782.07 . . . if false imprisonment and manslaughter, as those crimes are defined by Florida Statute §§ 787.02 and 782.07 . . .

DAUGHERTY, v. STATE, 211 So. 3d 29 (Fla. 2017)

. . . Florida’s manslaughter statute, set forth in section 782.07, Florida Statutes (2005), “does not impose . . .

WALTON, v. STATE, 208 So. 3d 60 (Fla. 2016)

. . . although without any premeditated design to effect the death of any particular individual”), with § 782.07 . . .

MARTIN, v. STATE, 207 So.3d 310 (Fla. Dist. Ct. App. 2016)

. . . . § 782.07, Fla. Stat. (2012). . § 1006.63(2), Fla. . . .

UNITED STATES v. MENDOZA- PADILLA, AKA AKA, 833 F.3d 1156 (9th Cir. 2016)

. . . light of United States Supreme Court guidance whether manslaughter, as defined by Florida Statute § 782.07 . . . In 2003, he was convicted of manslaughter under Florida Statute § 782.07. . . . Stat. § 782.07(1) (2003). . . . Section 782.07(1) of Florida’s manslaughter statute “establishes three forms of manslaughter (by act, . . . Section 782.07(1) thus falls outside the definition of generic contemporary manslaughter. 779 F.3d 278 . . .

T. DEAN, v. STATE, 199 So. 3d 932 (Fla. Dist. Ct. App. 2016)

. . . .” § 782.07(1), Fla. Stat. (2014). . . .

McBURNETT, Jr. v. STATE, 188 So. 3d 972 (Fla. Dist. Ct. App. 2016)

. . . See §§ 782.07(1), 775.082(3)(c), Fla. Stat. (2009). . See § 958.04(l)-(2), Fla. Stat. (2009). . . .

GARDNER, v. STATE, 194 So. 3d 385 (Fla. Dist. Ct. App. 2016)

. . . See §§ 782.07(3), 827.03(2)(c), Fla. Stat. (2009). . . . Section 782.07(3) provides that "[a] person who causes the death of any person under the age of 18 by . . .

SANDHAUS, v. STATE, 200 So. 3d 112 (Fla. Dist. Ct. App. 2016)

. . . .” § 782.07(1), Fla. Stat. (2011). In Bellamy, the Second. . . .

PETHTEL, v. STATE, 177 So. 3d 631 (Fla. Dist. Ct. App. 2015)

. . . Section 782.07(1), Florida Statutes (2010), defines manslaughter, in relevant part, as “[t]he killing . . . Pethtel was his caregiver, it is clear from the plain language of section 782.07(3) that Mr. . . . Indeed, section 782.07(3), “Aggravated Manslaughter of a Child,” does not mention reclassification or . . . Compare § 782.07, Fla. . . . Prior to 1996, section 782.07 made no reference to aggravated manslaughter. . . . Jury Instruction for Criminal Cases 7.7 is misleading because it incorrectly characterizes section 782.07 . . .

BURNS, v. STATE, 170 So. 3d 90 (Fla. Dist. Ct. App. 2015)

. . . 812.133(2)(b), Florida Statutes (2011), and attempted voluntary manslaughter, in violation of sections 782.07 . . .

GRIFFIN, v. STATE, 160 So. 3d 63 (Fla. 2015)

. . . Section 782.07, Florida Statutes (2011). . The district court relied on our decision in Battle v. . . .

UNITED STATES v. GARCIA- PEREZ,, 779 F.3d 278 (5th Cir. 2015)

. . . Garcia-Perez pled no contest to manslaughter under Florida Statute § 782.07. . . . Here, the parties agree that the statute of conviction is Florida Statute § 782.07(1). . . . We find that § 782.07(1) does not have an element of force. B. . . . Stat. § 782.07(1) (1995). . Mr. . . . Stat. § 782.07(1); Rojas v. . . .

DURFEY, v. STATE, 148 So. 3d 848 (Fla. Dist. Ct. App. 2014)

. . . The statutory citation for the manslaughter conviction should be section 782.07(1), Florida Statutes . . .

LUGONES, v. STATE, 147 So. 3d 1081 (Fla. Dist. Ct. App. 2014)

. . . See § 782.07, Fla. Stat. (2010). . . .

LUZARDO, v. STATE, 147 So. 3d 1083 (Fla. Dist. Ct. App. 2014)

. . . The culpable conduct necessary to sustain proof of manslaughter under section 782.07 is conduct of “a . . .

C. IBEAGWA, v. STATE, 141 So. 3d 246 (Fla. Dist. Ct. App. 2014)

. . . charged with two counts of aggravated manslaughter of a child by culpable negligence under section 782.07 . . . support a prima facie case for each element of the charged offense, aggravated manslaughter of a child (§ 782.07 . . .

L. GUGLIELMINI, v. STATE, 136 So. 3d 1244 (Fla. Dist. Ct. App. 2014)

. . . convicted of manslaughter by culpable negligence, a second-degree felony, but it also references section 782.07 . . . Section 782.07(3) is the crime of aggravated manslaughter of a child. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION, 132 So. 3d 1124 (Fla. 2014)

. . . APPENDIX 6.6 ATTEMPTED VOLUNTARY MANSLAUGHTER BY ACT §§ 782.07 and 777.04, Fla. Stat. . . . Lesser Included Offenses ATTEMPTED VOLUNTARY MANSLAUGHTER BY ACT — 782.07 and 777.04 CATEGORY ONE CATEGORY . . .

RICHARDS, v. STATE, 128 So. 3d 959 (Fla. Dist. Ct. App. 2013)

. . . See §§ 782.07(1) (defining manslaughter as a second-degree felony); 777.04(4)(d) (providing that an attempt . . .

DANIELS, v. STATE, 121 So. 3d 409 (Fla. 2013)

. . . defendant intended to cause the death of the victim, in contravention to the requirements of section 782.07 . . . We also recognized that section 782.07, Florida Statutes (2005), did not require the jury to make such . . . That statute provided in pertinent part as follows: 782.07. . . . . § 782.07(1), Fla. Stat. (2005). The statute was identical when Daniels was tried in 2009. . . .

RAMIREZ, v. STATE, 113 So. 3d 105 (Fla. Dist. Ct. App. 2013)

. . . Stat. (2009), with § 782.07, Fla. Stat. (2009). . . .

WILLIAMS, v. STATE, 123 So. 3d 23 (Fla. 2013)

. . . We also recognized that section 782.07, Florida Statutes, did not require the jury to make such a finding . . . Section 782.07 provided in pertinent part as follows: 782.07 Manslaughter; aggravated manslaughter of . . . , a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 782.07 . . .

HAYGOOD, v. STATE, 109 So. 3d 735 (Fla. 2013)

. . . We also recognized that section 782.07, Florida Statutes, did not require the jury to make such a finding . . . That statute provides as follows: 782.07. . . . . § 782.07(1), Fla. Stat. (2012). . . . See § 782.07(1), Fla. Stat. (2008). . . . because it imposed an element of intent to kill not contained in the manslaughter statute, section 782.07 . . .

HARE, v. STATE Of v. Of, 114 So. 3d 252 (Fla. Dist. Ct. App. 2013)

. . . . § 782.07(3), Fla. Stat. (2009); Fla. Std. Jury. Inst. (Crim.) 7.7; see Ramos v. . . . , permanent disfigurement, or permanent disability); Koenig, 757 So.2d at 596 (stating that section 782.07 . . . PALMER and BERGER, JJ., concur. . § 782.07(3), Fla. Stat. (2009). . § 827.03(3), Fla. . . .

C. GRAHAM, v. STATE, 100 So. 3d 755 (Fla. Dist. Ct. App. 2012)

. . . See § 782.07(1), Fla. Stat. (2008). . . . See §§ 782.07(1), 777.04(4)(d), 775.082(3)(d), Fla. Stat. (2008). The jury convicted Ms. . . .

W. IRELAND, v. STATE, 100 So. 3d 210 (Fla. Dist. Ct. App. 2012)

. . . Section 782.07(1), Florida Statutes (2005), defines manslaughter as follows: (1) The killing of a human . . .

BREWINGTON, v. STATE, 98 So. 3d 628 (Fla. Dist. Ct. App. 2012)

. . . See § 782.07(3), Fla. Stat. (2006). . . . prudent person would consider essential for the well-being of the child, contrary to Florida Statute 782.07 . . .

WATSON, v. STATE, 95 So. 3d 977 (Fla. Dist. Ct. App. 2012)

. . . In Bayer, the defendant was charged with aggravated manslaughter under section 782.07(2), Florida Statutes . . .

RAMOS, v. STATE, 89 So. 3d 1119 (Fla. Dist. Ct. App. 2012)

. . . . § 782.07(a), Fla. Stat. (2012). . . . State, 849 So.2d 401, 403 (Fla. 2d DCA 2003); § 782.07, Fla. Stat. (2009). . . . additionally required to prove that (1) the deceased was under 18 and (2) defendant was a caregiver for him. § 782.07 . . .

HALL, v. STATE, 92 So. 3d 223 (Fla. Dist. Ct. App. 2012)

. . . See § 782.07(1), Fla. Stat. (2005). . . .

ROZZELLE, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 672 F.3d 1000 (11th Cir. 2012)

. . . . § 782.07(1). . . . Florida Statutes § 782.07(1) provides that "[t]he killing of a human being by the act, procurement, or . . .

GEOVERA SPECIALTY INSURANCE COMPANY f k a USF G a v. X. HUTCHINS, Co-, 831 F. Supp. 2d 1306 (M.D. Fla. 2011)

. . . The Court notes that Defendant Hutch-ins entered a plea of guilty to the charge of Manslaughter, Sec. 782.07 . . . instant case, Defendant Hutchins entered a plea of guilty to Manslaughter in violation of Florida Statute 782.07 . . .

In AMENDMENTS TO STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION, 75 So. 3d 210 (Fla. 2011)

. . . APPENDIX 7.7 MANSLAUGHTER § 782.07, Fla. Stat. . . . must have known, or reasonably should have known, was likely to cause death or great bodily injury. § 782.07 . . .

WHITE, v. STATE, 72 So. 3d 208 (Fla. Dist. Ct. App. 2011)

. . . Section 782.07(1), Florida Statutes (2010), defines manslaughter as follows: The killing of a human being . . .

HOUSTON, v. STATE, 87 So. 3d 1 (Fla. Dist. Ct. App. 2011)

. . . Section 782.07(1), Florida Statutes (2008), defines “manslaughter” as “[t]he killing of a human being . . .

HENRY, v. STATE, 126 So. 3d 1071 (Fla. Dist. Ct. App. 2011)

. . . See § 782.07(1), Fla. . . .

CURRY, v. STATE, 64 So. 3d 152 (Fla. Dist. Ct. App. 2011)

. . . Id. at 256; see also 782.07(1), Fla. Stat. (2006). . . . However, the language contained in section 782.07(1), Florida Statutes (2004), is identical to that contained . . .

SANTARELLI, v. STATE, 62 So. 3d 1211 (Fla. Dist. Ct. App. 2011)

. . . Stat. (2008). .See § 782.07(1), Fla. Stat. (2008). . . . .

KENNEDY, v. STATE, 59 So. 3d 376 (Fla. Dist. Ct. App. 2011)

. . . See § 782.07(3), Fla. Stat. (2005). ' . . .

J. POLLOCK, v. STATE, 64 So. 3d 695 (Fla. Dist. Ct. App. 2011)

. . . Id. at 256; § 782.07(1), Fla. Stat. (2005). . . .

HOUSTON, v. STATE, 56 So. 3d 908 (Fla. Dist. Ct. App. 2011)

. . . ’ impermissibly creates an intent-to-kill element in the crime of attempted manslaughter. , Section 782.07 . . .

DEL VALLE, v. STATE, 52 So. 3d 16 (Fla. Dist. Ct. App. 2010)

. . . Id. at 256; see also § 782.07(1), Fla. Stat. (2006). . . .

WALKER, v. STATE, 46 So. 3d 160 (Fla. Dist. Ct. App. 2010)

. . . The court noted that section 782.07(1), Florida Statutes (2005), “does not impose a requirement that . . .

GUERRA, v. STATE, 44 So. 3d 226 (Fla. Dist. Ct. App. 2010)

. . . Section 782.07(1) Fla. . . .

PARTCH, v. STATE, 43 So. 3d 758 (Fla. Dist. Ct. App. 2010)

. . . . §§ 782.04, 782.07. Yet another is arson, which has two degrees. See id. § 806.01. . . .

CUBELO, v. STATE, 41 So. 3d 263 (Fla. Dist. Ct. App. 2010)

. . . Section 782.07(1) provides that the crime of manslaughter may be committed by (1) act; (2) procurement . . . On review, the Florida Supreme Court noted that, although section 782.07(1) “establishes three forms . . .

STATE v. W. MONTGOMERY,, 39 So. 3d 252 (Fla. 2010)

. . . .” § 782.07(1), Fla. Stat. (2005). . . . Section 782.07(1) states as follows: (1) The killing of a human being by the act, procurement, or culpable . . . , a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 782.07 . . . While section 782.07(1) establishes three forms of manslaughter (by act, by procurement, or by culpable . . .

In AMENDMENTS TO STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES INSTRUCTION, 41 So. 3d 853 (Fla. 2010)

. . . APPENDIX 7.7 MANSLAUGHTER § 782.07, Fla. Stat. . . . must have known, or reasonably should have known, was likely to cause death or great bodily injury. § 782.07 . . . Lesser Included Offenses MANSLAUGHTER — 782.07 ~ CATEGORY CATEGORY FLA. INS. ONE_TWO_STAT. NO. . . .

STEPHENSON, v. STATE, 31 So. 3d 847 (Fla. Dist. Ct. App. 2010)

. . . .” § 782.07 Fla. Stat. (2007). . . .

UNITED STATES v. CHAN- GUTIERREZ,, 368 F. App'x 536 (5th Cir. 2010)

. . . . § 782.07. . . .

GLOVER, v. STATE, 29 So. 3d 325 (Fla. Dist. Ct. App. 2010)

. . . See § 782.07, Fla. Stat. (2007); Fla. Std. Jury Instr. (Grim.) 7.7. . . .

FRANCIS, v. STATE, 29 So. 3d 1145 (Fla. Dist. Ct. App. 2009)

. . . a split of authority among Florida district courts as to whether manslaughter by act, under section 782.07 . . .

N. S. v. STATE, 10 So. 3d 1136 (Fla. Dist. Ct. App. 2009)

. . . See §§ 782.07(1) and 812.13, Florida Statutes (2007). . . .

F. ROBINSON, v. K. SHINSEKI,, 22 Vet. App. 440 (Vet. App. 2009)

. . . . § 782.07(1) (2008). . . .

BOLIN, Jr. v. STATE, 8 So. 3d 428 (Fla. Dist. Ct. App. 2009)

. . . As set forth in both the manslaughter statute, § 782.07, and in the standard jury instruction, the crime . . . Holley’s death, the Florida Standard Jury Instruction on manslaughter read as follows: MANSLAUGHTER F.S. 782.07 . . .

W. MONTGOMERY, v. STATE, 70 So. 3d 603 (Fla. Dist. Ct. App. 2009)

. . . a split of authority among Florida district courts as to whether manslaughter by act, under section 782.07 . . . See § 784.045(2) (categorizing aggravated battery as a second-degree felony); 782.07(1) (categorizing . . .

VALDES, v. STATE, 3 So. 3d 1067 (Fla. 2009)

. . . . §§ 782.04, 782.07. Yet another is arson, which has two degrees. See id. § 806.01. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 997 So. 2d 403 (Fla. 2008)

. . . APPENDIX 7.7 MANSLAUGHTER § 782.07, Fla. Stat. . . . must have known, or reasonably should have known, was likely to cause death or great bodily injury. § 782.07 . . . Lesser Included Offenses MANSLAUGHTER — 782.07 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 994 So. 2d 1038 (Fla. 2008)

. . . negligence_784.05(1)_8.9 Attempted second 782.04(2) & _degree murder_777.04_6.4 Attempted voluntary 782.07 . . .

FREEMAN, v. STATE, 969 So. 2d 473 (Fla. Dist. Ct. App. 2007)

. . . escaped confinement and attacked and mauled to death ALICE BLOOM [sic], in violation of Florida Statute 782.07 . . . Section 782.07(1), Florida Statutes (2003) states: The killing of a human being by the act, procurement . . . his failure to contain the dog would be “likely to cause death or great bodily injury” under section 782.07 . . . section 767.13(2) requires “reckless disregard for such propensities under the circumstances,” section 782.07 . . .

BERDECIA, v. STATE, 971 So. 2d 846 (Fla. Dist. Ct. App. 2007)

. . . Manslaughter is defined under section 782.07(1), Florida Statutes (2001), as: The killing of a human . . . prove the killing of a human being by an act of culpable negligence without lawful justification. § 782.07 . . .

STATE v. SIGLER,, 967 So. 2d 835 (Fla. 2007)

. . . See § 782.07, Fla. Stat. (1997); Fla. Std. Jury Instr. . . .

L. BROWN, v. STATE, 966 So. 2d 989 (Fla. Dist. Ct. App. 2007)

. . . . § 782.07(1), Fla. Stat. (2004). . . .

LEWIS, Jr. v. STATE, 952 So. 2d 1271 (Fla. Dist. Ct. App. 2007)

. . . Manslaughter is defined under section 782.07(1), Florida Statutes (2003), as: The killing of a human . . .

CHAMBERS, v. STATE, 975 So. 2d 444 (Fla. Dist. Ct. App. 2007)

. . . regard to reclassification or enhancements, attempted manslaughter is a third-degree felony, see §§ 782.07 . . . Marcia Radway _Guilty of Attempted Manslaughter, a lesser included Degree of Felony: Third Degree. §§ 782.07 . . . said felony the defendant _ was in actual possession of a firearm Degree of Felony: Second Degree. §§ 782.07 . . . _did discharge said firearm during the commission of the felony Degree of Felony: Second Degree. §§ 782.07 . . . manslaughter and aggravated assault are both third-degree felonies without respect to reclassification. §§ 782.07 . . .

SMITH, v. STATE, 946 So. 2d 101 (Fla. Dist. Ct. App. 2006)

. . . denied this claim, finding that Smith’s attempted manslaughter conviction, a violation of sections 782.07 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- No., 946 So. 2d 1061 (Fla. 2006)

. . . APPENDIX 7.7 MANSLAUGHTER § 782.07, Fla. Stat. . . . not necessary-for the State to prove that the defendant had a premeditated intent — to cause death, § 782.07 . . . Lesser Included Offenses MANSLAUGHTER — 782.07 CATEGORY ONE CATEGORY TWO FLA. STAT._INS. NO. . . .

STATE v. PAUL,, 934 So. 2d 1167 (Fla. 2006)

. . . . §§ 782.04, 782.07. Yet another is arson, which has two degrees. See id. § 806.01. . . .

L. HILL, v. STATE, 932 So. 2d 1117 (Fla. Dist. Ct. App. 2006)

. . . . § 782.07, Fla. Stat. (2001). .§ 784.05(2), Fla. Stat. (2001). . . . .

D. BRITTON, v. STATE, 928 So. 2d 386 (Fla. Dist. Ct. App. 2006)

. . . . §§ 782.07, 775.087, Fla. Stat. (2004). . . . .

STATE v. STORER,, 920 So. 2d 754 (Fla. Dist. Ct. App. 2006)

. . . Storer with manslaughter by unlawful act without lawful justification pursuant to section 782.07, Florida . . .

P. SANDERS, v. STATE, 912 So. 2d 1286 (Fla. Dist. Ct. App. 2005)

. . . . §§ 782.07(1); 777.04(4)(d); 775.087(l)(c); 775.082(3)(c). . . . Maximum Guidelines Sentence: 5 years’ imprisonment. §§ 782.07(1); 777.04(4)(d); 775.082(3)(d). . . .

SAPP, v. STATE, 913 So. 2d 1220 (Fla. Dist. Ct. App. 2005)

. . . . § 782.07(1), Fla. Stat. (2003). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION IN MANSLAUGHTER CASES, 911 So. 2d 1220 (Fla. 2005)

. . . APPENDIX MANSLAUGHTER § 782.07, Fla. Stat. . . .

M. FRANCO, v. STATE, 901 So. 2d 901 (Fla. Dist. Ct. App. 2005)

. . . .” § 782.07, Fla. Stat. (1995). . . .

SEXTON, v. STATE, 898 So. 2d 1187 (Fla. Dist. Ct. App. 2005)

. . . Section 782.07(1), Florida Statutes (2001), proscribes the “killing of a human being by the act, procurement . . .

SIPPLE, v. STATE, 894 So. 2d 1088 (Fla. Dist. Ct. App. 2005)

. . . roommate, but was found guilty by a jury of manslaughter by culpable negligence in violation of section 782.07 . . .

ARNOLD, v. STATE, 892 So. 2d 1172 (Fla. Dist. Ct. App. 2005)

. . . See § 782.07, Fla. Stat. (2003). . . .

J. J. W. A v. STATE, 892 So. 2d 1189 (Fla. Dist. Ct. App. 2005)

. . . Section 782.07, Florida Statutes, defines manslaughter as: “The killing of a human being by the act, . . .

SOUZA, v. STATE, 889 So. 2d 952 (Fla. Dist. Ct. App. 2004)

. . . Manslaughter, and a number of aggravated versions of manslaughter, are defined in section 782.07, Florida . . .

BECKHAM, v. STATE, 884 So. 2d 969 (Fla. Dist. Ct. App. 2004)

. . . .” § 782.07(1), Fla. Stat. (1999). . . .

D. RASLEY, v. STATE, 878 So. 2d 473 (Fla. Dist. Ct. App. 2004)

. . . Manslaughter is defined in section 782.07(1), Florida Statutes (2001), as: (1) The killing of a human . . .

The 2023 Florida Statutes (including Special Session C)

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

Taylor v. State

Reed v. State

Baker v. State

Darling v. State

Stephens v. State

Burke v. Dixon

Groover v. Polk Cnty. Bd. of Cnty. Comm'rs

Marquardt v. Inch

Merrill v. Sec'y, Fla. Dep't of Corr.

Houk v. State

Cases from cite.case.law: