Supreme Court of Florida

Similar documents
Supreme Court of Florida

SUPREME COURT OF FLORIDA. To the Chief Justice and Justices of the Supreme Court of Florida:

AMENDED Report No

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC L.T. NO. 1D STATE OF FLORIDA,

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC DCA CASE NO. 1D STATE OF FLORIDA,

IN THE SUPREME COURT OF FLORIDA JURISDICTIONAL BRIEF OF RESPONDENT

IN THE SUPREME COURT OF FLORIDA. IN RE: STANDARD JURY Case No. SC INSTRUCTIONS IN CRIMINAL CASES - PENALTY PHASE OF A CAPITAL CASE /

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC ON DISCRETIONARY REVIEW FROM THE FIRST DISTRICT COURT OF APPEAL ANSWER BRIEF OF RESPONDENT

In the Supreme Court of Florida

In the Supreme Court of Florida

IN THE SUPREME COURT OF FLORIDA. Petitioner, S.C. Case No. SC DCA Case No. 3D v. L.T. Case No. 08-CA-45992

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO.: SC LOWER COURT NO.: 4D JACK LIEBMAN. Petitioner. vs.

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC PETITIONER'S REPLY BRIEF

APPENDIX B Committee on Standard Jury Instructions in Criminal Cases The Honorable Samantha L. Ward, Chair March 1, 2011

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO KA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

IN THE SUPREME COURT OF FLORIDA. Case Nos. SC and SC IN RE: PRO BONO ACTIVITIES BY JUDGES AND JUDICIAL STAFF ATTORNEYS

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC ON PETITION FOR REVIEW FROM THE SECOND DISTRICT COURT OF APPEAL STATE OF FLORIDA

IN THE SUPREME COURT OF FLORIDA CASE NO. SC LEONARDO DIAZ, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC12- DEMARIOUS CALDWELL, Petitioner, - versus - STATE OF FLORIDA, Respondent.

Supreme Court of Florida

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC: 4 th DCA CASE NO: 4D STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT,

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4 th DCA 4D ) MALCOLM HOSWELL, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC CLEO LECROY, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA VS. : CAS-E NO. SC (1D ) STATE OF FLORIDA,

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC ROBERT RANSONE, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA. To the Chief Justice and Justices of the Supreme Court of Florida:

SUPREME COURT OF FLORIDA JAMES LEVOY WATERS, Petitioner, SHERIFF, ESCAMBIA COUNTY FLORIDA, Respondent. CASE NO. SC

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA. Appellant, CASE NO. SC v. Lower Tribunal No CFAWS RESPONSE TO ORDER TO SHOW CAUSE

STATE OF FLORIDA, Petitioner.

Supreme Court of Florida

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC TYRA WILLIAMS, Petitioner, vs. STATE OF FLORIDA, Respondent.

SUPREME COURT STATE OF FLORIDA. v. CASE No. SC L.T. Case No. 1D BASIL D. FOSSUM, M.D. and DENNIS M. LEWIS, M.D.,

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D VINCENT MARGIOTTI. Petitioner, -vs- STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA CASE NO. SC BERTHA JACKSON, PETITIONER, vs. STATE OF FLORIDA, RESPONDENT.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D THE STATE OF FLORIDA, Petitioner, -vs- MAXIMILIANO ROMERO, Respondent.

IN THE SUPREME COURT STATE OF FLORIDA. Case No. SC

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC JURISDICTIONAL BRIEF OF PETITIONER

IN THE SUPREME COURT OF FLORIDA

CASE NO. 1D Nancy A. Daniels, Public Defender, and Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant.

Supreme Court of Florida

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF FLORIDA. Petitioner, v. CASE NO. DCA NO. 1D ON REVIEW FROM THE FIRST DISTRICT COURT OF APPEAL

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT. Appellant, v. Case No. 4D L.T. No.: MM000530A STATE OF FLORIDA,

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA. V CASE No. SCl ON DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL, FIFTH DISTRICT

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA. Case No.: Lower Case No.: ID PETITIONER S JURISDICTIONAL BRIEF. On Review from the District Court

Supreme Court of Florida

APPELLATE COURT NO. IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. In Re: KENT E. HOVIND. Petition for Writ of Mandamus from the

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC INITIAL BRIEF OF PETITIONER

IN THE SUPREME COURT OF FLORIDA JURISDICTIONAL BRIEF OF RESPONDENT

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA Case Number: SC RESPONDENT S JURISDICTIONAL BRIEF

IN THE SUPREME COURT OF FLORIDA

IN THE COURTS OF THE FIRST JUDICIAL CIRCUIT, STATE OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA, DERRICK GURLEY, Petitioner, STATE OF FLORIDA, Respondent. Case No. SC th DCA Case No.

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA

Case 3:17-cv TJC-JBT Document 85 Filed 11/11/17 Page 1 of 2 PageID 2256

THE SUPREME COURT OF FLORIDA. v. Case No.: SC L.T. No.: 1D /3350

CASE NO. 1D Nancy A. Daniels, Public Defender, and Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant.

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA SC CASE NO. SC DCA CASE NO.4D LT. NO CFA02 SHARA N. COOPER, Petitioner, vs.

CASE NO. SC L.T. CASE NO. 4D IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. (4th DCA Case No. 4D ) STATE OF FLORIDA, Petitioner, vs. JESSIE HILL, Respondent.

IN THE SUPREME COURT OF FLORIDA. DALE JOHNSON, ) ) Petitioner, ) ) vs. ) CASE NO. SC ) (4DCA ) STATE OF FLORIDA, ) ) Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC04-21 LOWER CASE NO.: 2D REPLY BRIEF OF PETITIONER S BRIEF ON THE MERITS

Petitioner, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC WILLIE L. CLARK, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC06-85 ON REVIEW FROM THE FIRST DISTRICT COURT OF APPEAL

IN THE SUPREME COURT OF FLORIDA. Case No. SC12- ON DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL, FIRST DISTRICT

BEFORE THE INVESTIGATIVE PANEL OF THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA NOTICE OF FORMAL CHARGES

IN THE SUPREME COURT OF FLORIDA. Petitioner, CASE NO. SC JURISDICTIONAL BRIEF OF RESPONDENT

IN THE SUPREME COURT OF FLORIDA THREE-YEAR CYCLE AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4th DCA Case No. 4D ) RICHARD MUCCIO, Petitioner, vs.

IN THE SUPREME COURT OF FLORIDA ANSWER BRIEF

IN THE SUPREME COURT OF FLORIDA CASE NO.SC PALM BEACH COUNTY CANVASSING BOARD, Petitioner,

CASE NO. 1D CASE NO. 1D

IN THE SUPREME COURT OF THE STATE OF FLORIDA SUPREME COURT CASE NO. SC TH DCA CASE NO. 4D

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA CASE NO. SC (Lower Tribunal Case No. 3D07-363) AHMAD ASAD, TONY GARCIA AND NOEL RIVERA, Petitioners, vs.

Washington County Clerk of Court Post Office Box 647 Chipley, Florida 32428

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA. v. CASE NO.: SC FIRST DCA CASE NO.: 1D L.T. CASE NO.: L

ON PETITION TO INVOKE DISCRETIONARY JURISDICTION FROM FIRST DISTRICT COURT OF APPEAL OF FLORIDA CASE NUMBER: 1D

No UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE SUPREME COURT OF FLORIDA. v. Case No. SCO5-938 Lower Case No. 3D RESPONDENT'S BRIEF ON JURISDICTION

IN THE SUPREME COURT OF FLORIDA Case No. SC

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4th DCA Case No. 4D ) ALBERTO ELIAKIM, Petitioner, vs.

CASE NO. 1D Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee.

Supreme Court of Florida

CASE NO. 1D Nancy A Daniels, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Tallahassee, for Appellant.

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC REPLY BRIEF OF APPELLANT PRELIMINARY STATEMENT

IN THE SUPREME COURT OF FLORIDA. L.T. No. 1D

IN THE SUPREME COURT OF THE STATE OF FLORIDA. Petitioner, DCA Case No.: 5D

IN THE SUPREME COURT OF FLORIDA

Transcription:

Supreme Court of Florida IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT 2008-1 / CASE NO.: SC08-335 COMMITTEE ON STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES RESPONSE TO THE COMMENTS OF MS. NANCY A. DANIELS AND MR. GLENN P. GIFFORD To the Chief Justice and Justices of the Supreme Court of Florida: Comes now the Supreme Court Committee on Standard Jury Instructions in Criminal Cases, by and through the Honorable Terry David Terrell, Circuit Court Judge, Chair of the committee, and files this Response to the comments received by Nancy A. Daniels, Public Defender of the Second Judicial Circuit and Assistant Public Defender Mr. Glenn P. Gifford. The committee filed a report with the Court on February 25, 2008, proposing three amended or new standard jury instructions in criminal cases: Instruction 3.12(a) - Single Defendant, Multiple Counts or Informations; Instruction 3.12(c) Multiple Counts or Informations, Multiple Defendants; Instruction 3.12(d) Legally Interlocking Crimes. The Court published the proposed instructions in The Florida Bar News on April 1, 2008. Comments were required to be filed with the Court no later than May 1, 2008. The committee was directed to respond to any comments filed with the Court no later than May 22, 2008. Comments were filed by Nancy Daniels, Public Defender of the Second Judicial Circuit, and Assistant Public Defender Glenn P. Gifford, addressing proposed instruction 3.12(d). No comments were filed with the Court regarding proposed instructions 3.12(a) and 3.12(c). 1

Ms. Daniels and Mr. Gifford felt that the wording of the proposed instruction could be simplified by identifying the interlocking counts using algebraic labels A and B. In addition, Ms. Daniels and Mr. Gifford believed that the last sentence of proposed instruction 3.12(d) contained a double negative. They felt the proposal should be amended by deleting one word and using two sentences rather than one in the proposal to the Court. The following proposal was submitted to the committee for consideration. 3.12(d) LEGALLY INTERLOCKING COUNTS Counts [A and B] (substitute appropriate count numbers) are linked in that the crime charged in count [A] (identify predicate charged crime) is an essential element of the crime charged in count [B] (identify compound charged crime). You should first consider the evidence on count [A]. If you find the crime in count [A] not proven beyond a reasonable doubt, you must find the defendant not guilty on both counts [A] and [B]. If, on the other hand, you find that the crime charged in count [A] has been proven beyond a reasonable doubt, you must then consider the evidence on count [B]. A guilty verdict on count [A] does not require a guilty verdict on count [B]. You should find the Defendant guilty on count [B] only if you find all the elements of that crime, including the essential element contained in count [A], were proven beyond a reasonable doubt. The committee met via telephone conference on May 13, 2008, to discuss the comment received by the committee. By a unanimous vote, the committee agreed to adopt the recommended changes to the proposal with only slight modifications. Paragraph one of the recommendation was amended to add the words applicable to in the second sentence. Paragraph one was also amended to expand the words not proven beyond a reasonable doubt to read: has not been proven beyond a reasonable doubt. Paragraph two was amended to include the words applicable to in the first sentence. Paragraph two was also amended to add the letter s to the word element in the last sentence. The amended proposal reflecting the recommendations of Ms. Daniels and Mr. Gifford, and the changes to the recommendation by the committee, read as follows. Counts [A and B] (substitute appropriate count numbers) are linked in that the crime charged in count [A] (identify predicate charged crime) is an essential element of the crime charged in count [B] (identify compound charged crime). 2

You should first consider the evidence applicable to count [A]. If you find the crime in count [A] has not been proven beyond a reasonable doubt, you must find the defendant not guilty on both counts [A] and [B]. If, on the other hand, you find that the crime charged in count [A] has been proven beyond a reasonable doubt, you must then consider the evidence applicable to count [B]. A guilty verdict on count [A] does not require a guilty verdict on count [B]. You should find the Defendant guilty on count [B] only if you find all the elements of that crime, including the essential elements contained in count [A], were proven beyond a reasonable doubt. Attached to this Response is Amended Appendix A. This appendix contains proposed instructions 3.12(a), 3.12(c), and amended proposed instruction 3.12(d). Respectfully submitted this day of May, 2008. First Judicial Circuit Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases M. C. Blanchard Judicial Center 190 W. Government Street Pensacola, Florida 32502-5773 Florida Bar Number 231630 3

CERTIFICATE OF FONT SIZE I hereby certify that this Response has been prepared using Times New Roman 14 point font in compliance with the font requirements of Florida Rule of Appellate Procedure 9.210(a)(2). Chair, Committee on Standard Jury Instructions in Criminal Cases Florida Bar Number 231630 4

furnished to: CERTIFICATE OF SERVICE I hereby certify a true and correct copy of the foregoing Response has been Ms. Nancy A. Daniels Public Defender Second Judicial Circuit Leon County Courthouse 301 S. Monroe Street, Suite 401 Tallahassee, Florida 32301 Mr. Glenn P. Gifford Assistant Public Defender Appellate Division Chief Leon County Courthouse 301 S. Monroe Street, Suite 401 Tallahassee, Florida 32301 by U.S. mail this day of May, 2008. Chair, Committee on Standard Jury Instructions in Criminal Cases 5