Black v. State

How courts have described this case

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

• finding in order for counsel to waive the fundamental error of failing to instruct on justifiable or excusable homicide, “defense counsel must be aware that an incorrect instruction is being read and must affirmatively agree to, or request, the incomplete instruction”
• “[D]efense counsel must be aware that an incorrect instruction is being read and must affirmatively agree to, or request, the incomplete instruction.”
• “It matters not whether any view of the evidence could support a finding of either excusable or justifiable homicide”
• “Before the exception recognized in Lucas can apply, defense counsel must be aware that an incorrect instruction is being read and must affirmatively agree to, or request, the incomplete instruction. These circumstances do not exist on the instant record.”
• “Before the exception recognized in Lucas can apply, defense counsel must be aware that an incorrect instruction is being read and must affirmatively agree to, or request, the incomplete instruction. These circumstances do not exist on the instant record.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

13 cases in this archive cite this case.

• Rodney Tyrone Lowe v. State of Florida
  Supreme Court of Florida· 2018-10-19· cited 24×
• Van Loan v. State
  District Court of Appeal of Florida· 1999-07-21· cited 15×
• Moore v. State
  District Court of Appeal of Florida· 2013-06-10· cited 15×
• State of Florida v. Damani Spencer
  Supreme Court of Florida· 2017-04-27· cited 14×
• Philippe v. State
  District Court of Appeal of Florida· 2001-09-05· cited 10×
• Beckham v. State
  District Court of Appeal of Florida· 2004-08-04· cited 10×
• Smith v. State
  District Court of Appeal of Florida· 2000-12-29· cited 10×
• Arnold Jerome Knight v. State of Florida
  District Court of Appeal of Florida· 2018-02-19· cited 9×
• Jimenez v. State
  District Court of Appeal of Florida· 2008-02-13· cited 7×
• Fletcher v. State
  District Court of Appeal of Florida· 2002-10-18· cited 6×
• Damoulakis v. State
  District Court of Appeal of Florida· 2002-04-24· cited 5×
• Scottie D. Allen v. State of Florida
  Supreme Court of Florida· 2021-06-03
• Burford v. State
  District Court of Appeal of Florida· 2012-01-25

Cites

5 cases in this archive are cited by this case.

• State v. Smith
  Supreme Court of Florida· 1990-12-20· cited 126×
• Armstrong v. State
  Supreme Court of Florida· 1991-05-09· cited 64×
• State v. Lucas
  Supreme Court of Florida· 1994-11-17· cited 58×
• Lucas v. State
  District Court of Appeal of Florida· 1993-11-22· cited 9×
• Duncan v. State
  District Court of Appeal of Florida· 1997-06-04· cited 1×