Mosely 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 instructing jury on nonexistent crime constituted fundamental error
• finding fundamental error where jury instruction was not simply misleading, but permitted defendant to be convicted of non-existent crime
• finding fundamental error where, due to faulty jury instructions, defendant was convicted of attempted involuntary manslaughter, a nonexistent crime
• “When jurors are given an instruction that would permit them to find the defendant guilty of a crime that does not exist, the error is fundamental and is per se reversible, and the case must be remanded for retrial.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

8 cases in this archive cite this case.

• Campos v. Bravo
  New Mexico Supreme Court· 2007-04-05· cited 54×
• Reed v. State
  District Court of Appeal of Florida· 2001-05-01· cited 26×
• Foster v. State
  District Court of Appeal of Florida· 2003-12-24· cited 18×
• Gaskin v. State
  District Court of Appeal of Florida· 2004-03-31· cited 10×
• Griffis v. State
  District Court of Appeal of Florida· 2003-07-02· cited 7×
• Bonine v. State
  District Court of Appeal of Florida· 2002-03-28· cited 6×
• Evans v. State
  District Court of Appeal of Florida· 1997-12-31· cited 4×
• Rodgers v. State
  District Court of Appeal of Florida· 2007-10-10· cited 1×

Cites

13 cases in this archive are cited by this case.

• Burks v. United States
  Supreme Court· 1978-06-14· cited 4,912×
• State v. DiGuilio
  Supreme Court of Florida· 1986-07-17· cited 2,703×
• Yates v. United States
  Supreme Court· 1957-06-17· cited 1,277×
• Danforth v. Minnesota
  Supreme Court· 2008-02-20· cited 358×
• Coney v. State
  Supreme Court of Florida· 1995-01-05· cited 135×
• Murray v. State
  Supreme Court of Florida· 1986-07-17· cited 71×
• Lamb v. State
  District Court of Appeal of Florida· 1996-02-21· cited 16×
• Brown v. State
  District Court of Appeal of Florida· 1989-10-13· cited 13×
• Tape v. State
  District Court of Appeal of Florida· 1995-11-01· cited 10×
• Horn v. State
  District Court of Appeal of Florida· 1996-04-12· cited 9×
• Reid v. State
  District Court of Appeal of Florida· 1995-05-12· cited 8×
• Harnishfager v. Independent Travel Agencies of America, Inc.
  District Court of Appeal of Florida· 1995-02-15· cited 8×
• Arline v. State
  District Court of Appeal of Florida· 1989-10-25· cited 6×