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Griffin v. State

Citations

  • 128 So. 3d 88
  • 2013 WL 5225303
  • 2013 Fla. App. LEXIS 14804

How courts have described this case

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

  • holding an erroneous instruction on the lesser-included offense of manslaughter by act was not fundamental error in a prosecution for second-degree murder because the defendant conceded the manner of the crime but presented the defense of mistaken identity
  • holding Montgomery error not fundamental where “intent to kill” was not a disputed element, stating “[t]here is no dispute regarding the elements of an offense when the manner of the crime is conceded and the sole defense is mistaken identity.”
  • “Because there was no dispute regarding the element of intent, the erroneous jury instruction on the intent element of the lesser included offense of manslaughter did not constitute fundamental error.”
  • “Because there was no dispute regarding the element of intent, the erroneous jury instruction on the intent element of the lesser included offense of manslaughter did not constitute fundamental error.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Northcutt, Silberman, Sleet

Read full opinion on CourtListener

Cited by

6 cases in this archive cite this case.

Cites

8 cases in this archive are cited by this case.

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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.