Moore 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 counsel’s mere failure to object to an erroneous jury instruction is insufficient by itself to waive a claim of fundamental error based upon the instruction
• holding that counsel’s mere failure to object to an erroneous jury instruction is insufficient by itself to waive a claim of fundamental error based upon the instruction
• stating that the “trial court specifically brought to counsel’s attention the problem of the intent language in the proposed jury instruction and offered to strike that language”
• finding no waiver of fundamental error where there was not “any indication that counsel was alerted to the fact the instruction was incomplete”
• \This court has held that knowledge of the error is necessary to waive fundamental error.\

Source: CourtListener parenthetical corpus (CC0).

Cited by

14 cases in this archive cite this case.

• State of Florida v. Damani Spencer
  Supreme Court of Florida· 2017-04-27· cited 14×
• Sims v. State
  District Court of Appeal of Florida· 2014-03-24· cited 11×
• Arnold Jerome Knight v. State of Florida
  District Court of Appeal of Florida· 2018-02-19· cited 9×
• Charlie Williams v. State of Florida
  District Court of Appeal of Florida· 2014-09-09· cited 7×
• Bryant Daniel Neal v. State of Florida
  District Court of Appeal of Florida· 2015-06-03· cited 3×
• State of Florida v. Jimmy Moore, Jr.
  Supreme Court of Florida· 2016-01-14· cited 3×
• Burns v. State
  District Court of Appeal of Florida· 2015-06-22· cited 2×
• Facin v. State
  District Court of Appeal of Florida· 2015-06-24· cited 2×
• Joshua T. Oliver v. State of Florida
  District Court of Appeal of Florida· 2015-01-29· cited 1×
• Fredrick Lee Wade v. State of Florida
  District Court of Appeal of Florida· 2015-02-02· cited 1×
• John Swearingden v. State of Florida
  District Court of Appeal of Florida· 2015-05-11· cited 1×
• Timothy Donald Helton v. State of Florida
  District Court of Appeal of Florida· 2015-05-11
• JAMES MICHAEL BRADY v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2019-11-22
• Spencer v. State
  District Court of Appeal of Florida· 2015-12-22

Cites

17 cases in this archive are cited by this case.

• State v. Delva
  Supreme Court of Florida· 1991-02-21· cited 308×
• State v. Montgomery
  Supreme Court of Florida· 2010-04-08· cited 288×
• Ray v. State
  Supreme Court of Florida· 1981-07-30· cited 256×
• Sullivan v. State
  Supreme Court of Florida· 1974-11-27· cited 139×
• Garzon v. State
  Supreme Court of Florida· 2008-04-10· cited 74×
• Armstrong v. State
  Supreme Court of Florida· 1991-05-09· cited 64×
• State v. Lucas
  Supreme Court of Florida· 1994-11-17· cited 58×
• In Re Standard Instruct. in Cr. Cases No. 2007-10
  Supreme Court of Florida· 2008-12-11· cited 43×
• Stockton v. State
  Supreme Court of Florida· 1989-05-25· cited 30×
• Joyner v. State
  District Court of Appeal of Florida· 2010-07-07· cited 26×
• Riesel v. State
  District Court of Appeal of Florida· 2010-10-15· cited 24×
• Calloway v. State
  District Court of Appeal of Florida· 2010-04-29· cited 17×
• Black v. State
  District Court of Appeal of Florida· 1997-06-09· cited 15×
• Daniels v. State
  District Court of Appeal of Florida· 2011-10-05· cited 15×
• Beckham v. State
  District Court of Appeal of Florida· 2004-08-04· cited 10×
• Lucas v. State
  District Court of Appeal of Florida· 1993-11-22· cited 9×
• Paul v. State
  District Court of Appeal of Florida· 2011-05-13· cited 6×