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· 11/15/2006

Baldwin v. Estate of Winters

Citations

  • 944 So. 2d 437
  • 2006 Fla. App. LEXIS 18968
  • 2006 WL 3299834

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • observing that difference between reckless assault and intentional assault is simply one of mental state: “These are not different crimes but simply different means of committing the’same crime.”
  • holding that although subsections [1] and [2] of General Statutes § 53a-61 [a] require a different mental state and degree of harm they are ‘simply different means of committing the same crime, namely, assault in the third degree’
  • describing physical force and death threats used to restrain sexual assault victim
  • when amendments to information changed mental states and types of harm for charges of assault and threatening, there was no impact on defense that incident had involved voluntary, consensual encoun- ter
  • amendments’ effect was ‘‘logically dis- tinct’’ from asserted defense
  • amendment’s effect “logically distinct” from defense asserted

Source: CourtListener parenthetical corpus (CC0).

Judges: Klein, Polen

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.