Gregory v. State

How courts have described this case

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

• holding failure to provide self-defense instruction to charge of burglary with a battery was error where testimony provided the victim first pushed the defendant, who ended up inside the victim’s apartment after a shoving match
• “[T]he defendant waived this issue, because he did not request the instruction and assented to the court’s decision to list trespass and battery separately on the verdict form. We have held that this is not fundamental error.”
• failure to provide self-defense instruction was error where defendant was charged with burglary with battery and there was testimony that the victim first pushed the defendant, who pushed back and ended up inside the victim’s apartment after a shoving match

Source: CourtListener parenthetical corpus (CC0).

Cited by

22 cases in this archive cite this case; the 20 most cited are listed.

• Martinez v. State
  Supreme Court of Florida· 2008-02-21· cited 123×
• Michel v. State
  District Court of Appeal of Florida· 2008-07-30· cited 17×
• Charles v. State
  District Court of Appeal of Florida· 2006-12-13· cited 13×
• Gordon v. State
  District Court of Appeal of Florida· 2017-05-10· cited 9×
• Quick v. State
  District Court of Appeal of Florida· 2010-11-03· cited 6×
• Miller v. State
  District Court of Appeal of Florida· 2010-05-26· cited 5×
• Wendell Sherman Calkins v. State of Florida
  District Court of Appeal of Florida· 2015-07-22· cited 5×
• Cannon v. State
  District Court of Appeal of Florida· 2009-01-12· cited 4×
• Michael Cunningham v. State
  District Court of Appeal of Florida· 2015-03-04· cited 4×
• Pitts v. State
  District Court of Appeal of Florida· 2008-06-20· cited 3×
• RENE ST. PIERRE v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2017-09-27· cited 3×
• Funchess v. State
  District Court of Appeal of Florida· 2012-06-06· cited 2×
• Reyes v. State
  District Court of Appeal of Florida· 2008-03-18· cited 1×
• Heare v. State
  District Court of Appeal of Florida· 2016-11-18· cited 1×
• Kevin Broome v. State of Florida
  District Court of Appeal of Florida· 2015-07-07
• DEMETRIUS ELDER v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2020-05-27
• Millan-Colon v. State
  District Court of Appeal of Florida· 2014-11-26
• CARLOS LORENZO GONZALEZ v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2024-04-19
• JOSE MIKE ESPICHAN v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2024-07-19
• Corey Stephen Smith v. State of Florida
  District Court of Appeal of Florida· 2025-06-27

Cites

15 cases in this archive are cited by this case.

• Wright v. State
  District Court of Appeal of Florida· 1998-01-21· cited 32×
• Kilgore v. State
  District Court of Appeal of Florida· 1972-12-01· cited 31×
• Garramone v. State
  District Court of Appeal of Florida· 1994-05-11· cited 27×
• Cooper v. State
  District Court of Appeal of Florida· 1990-12-28· cited 18×
• Arthur v. State
  District Court of Appeal of Florida· 1998-09-18· cited 18×
• Gian-Grasso v. State
  District Court of Appeal of Florida· 2005-03-30· cited 16×
• Morris v. State
  District Court of Appeal of Florida· 1995-07-19· cited 11×
• Kiernan v. State
  District Court of Appeal of Florida· 1993-02-17· cited 10×
• Simon v. State
  District Court of Appeal of Florida· 1991-11-13· cited 10×
• Giangrasso v. State
  District Court of Appeal of Florida· 2001-07-25· cited 5×
• Upshaw v. State
  District Court of Appeal of Florida· 2004-04-28· cited 5×
• Deveaugh v. State
  District Court of Appeal of Florida· 1991-03-13· cited 5×
• Brozey v. State
  District Court of Appeal of Florida· 2005-09-28· cited 4×
• Cartegena v. State
  District Court of Appeal of Florida· 2005-08-19· cited 3×
• Whyte v. State
  District Court of Appeal of Florida· 2004-08-27· cited 2×