Martinez 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 that it is error for trial court to read forcible-felony instruction to jury where defendant is not charged with independent forcible felony
• finding that the error in the forcible felony instruction was not fundamental for two reasons: self- defense was not the defendant’s only strategy, and his self-defense claim was extremely weak
• finding that despite trial court’s erroneous instruction on self-defense exception, the error did not deprive defendant of a fair trial because “the likelihood that the jury would have found [p]etitioner not guilty based on self-defense was minimal at best.”
• finding no fundamental error in self-defense jury instruction because self-defense was not the only strategy pursued by the defendant and his claim of self-defense was “extremely weak”
• finding the forcible felony instruction improperly given when the defendant was charged with both attempted murder and aggravated battery and claimed self-defense as to both charges
• finding the forcible-felony instruction on self-defense was not warranted, but the reading of the instruction was not fundamental error as it did not deprive the defendant of a fair trial

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Emerson Pinkney v. Secretary, Department of Corrections
  Eleventh Circuit· 2017-12-06· cited 198×
• Kasischke v. State
  Supreme Court of Florida· 2008-07-10· cited 122×
• Dennis v. State
  Supreme Court of Florida· 2010-12-16· cited 91×
• Jared Bretherick v. State of Florida
  Supreme Court of Florida· 2015-07-09· cited 42×
• Metropolitan Casualty Insurance Co. v. Tepper
  Supreme Court of Florida· 2009-01-30· cited 32×
• Joyner v. State
  District Court of Appeal of Florida· 2010-07-07· cited 26×
• McCoy v. State
  District Court of Appeal of Florida· 2010-12-21· cited 22×
• Morgan v. State
  District Court of Appeal of Florida· 2013-11-22· cited 18×
• Montijo v. State
  District Court of Appeal of Florida· 2011-04-15· cited 18×
• Calloway v. State
  District Court of Appeal of Florida· 2010-04-29· cited 17×
• Mosansky v. State
  District Court of Appeal of Florida· 2010-04-20· cited 15×
• Fields v. State
  District Court of Appeal of Florida· 2008-08-08· cited 13×
• Farmer v. State
  District Court of Appeal of Florida· 2008-03-19· cited 13×
• Wyche v. State
  District Court of Appeal of Florida· 2015-07-22· cited 11×
• Jessie Claire Roberts v. State of Florida
  Supreme Court of Florida· 2018-03-01· cited 11×
• Sims v. State
  District Court of Appeal of Florida· 2014-03-24· cited 11×
• Macchione v. State
  District Court of Appeal of Florida· 2013-10-11· cited 10×
• Andujar-Ruiz v. State
  District Court of Appeal of Florida· 2016-11-16· cited 9×
• Talley v. State
  District Court of Appeal of Florida· 2013-02-22· cited 9×
• Alexander v. State
  District Court of Appeal of Florida· 2013-09-26· cited 9×

Cites

64 cases in this archive are cited by this case; the 20 most cited are listed.

• State v. Delva
  Supreme Court of Florida· 1991-02-21· cited 308×
• Ray v. State
  Supreme Court of Florida· 1981-07-30· cited 256×
• Brown v. State
  Supreme Court of Florida· 1960-11-16· cited 212×
• Reed v. State
  Supreme Court of Florida· 2002-12-19· cited 206×
• Perkins v. State
  Supreme Court of Florida· 1991-03-14· cited 149×
• Stewart v. State
  Supreme Court of Florida· 1982-08-26· cited 141×
• State v. Goode
  Supreme Court of Florida· 2002-10-17· cited 109×
• Sochor v. State
  Supreme Court of Florida· 1993-05-06· cited 103×
• Smith v. State
  Supreme Court of Florida· 1988-01-21· cited 87×
• Giles v. State
  District Court of Appeal of Florida· 2002-12-18· cited 81×
• Yisrael v. State
  District Court of Appeal of Florida· 2006-08-16· cited 72×
• Marshall v. State
  Supreme Court of Florida· 1992-07-16· cited 51×
• State v. Bodden
  Supreme Court of Florida· 2004-04-15· cited 39×
• Zuniga v. State
  District Court of Appeal of Florida· 2004-03-31· cited 35×
• Rich v. State
  District Court of Appeal of Florida· 2003-11-12· cited 34×
• Martinez v. State
  District Court of Appeal of Florida· 2006-05-10· cited 26×
• Dias v. State
  District Court of Appeal of Florida· 2002-03-13· cited 26×
• Gregory v. State
  District Court of Appeal of Florida· 2006-08-16· cited 25×
• Ortiz v. State
  District Court of Appeal of Florida· 2005-07-01· cited 23×
• Fowler v. State
  District Court of Appeal of Florida· 2006-02-10· cited 23×