District Court of Appeal of Florida· 9/13/2006
Murray v. State
Citations
- 937 So. 2d 277
- 2006 WL 2612793
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that fundamental error occurred where the jury was given contradictory instructions, one correct and the other incorrect
- holding that the trial court erred by giving a self-defense instruction that stated that the elements of the felony allegedly committed by the victim must be proved beyond a reasonable doubt
- holding that law does not require defendant to prove self-defense to any standard measuring assurance of truth, exigency, near certainty, or even mere probability; defendant's only burden is to offer facts from which his resort to force could have been reasonable
- holding that law does not require defendant to prove self-defense to any standard measuring assurance of truth, exigency, near certainty, or even mere probability; defendant’s only burden is to offer facts from which his resort to force could have been reasonable
- explaining that defendant in trial for aggravated battery was not required to prove self-defense claim beyond reasonable doubt or by preponderance of evidence; rather, self-defense evidence needed merely leave jury with reasonable doubt about whether he was justified in using deadly force
- improper instructions on burden of proof vitiate all jury findings; law did not require defendant to prove justification of self-defense to any standard measuring an assurance of truth, not even by the greater weight of the evidence
Source: CourtListener parenthetical corpus (CC0).
Judges: Farmer
Read full opinion on CourtListenerCited by
17 cases in this archive cite this case.
- Reynolds v. StateSupreme Court of Florida· 2012-09-27· cited 32×
- State v. KettellSupreme Court of Florida· 2008-04-24· cited 16×
- Fields v. StateDistrict Court of Appeal of Florida· 2008-08-08· cited 13×
- Sipple v. StateDistrict Court of Appeal of Florida· 2007-11-30· cited 11×
- Wyche v. StateDistrict Court of Appeal of Florida· 2015-07-22· cited 11×
- Novak v. StateDistrict Court of Appeal of Florida· 2008-02-06· cited 10×
- Talley v. StateDistrict Court of Appeal of Florida· 2013-02-22· cited 9×
- Alexander v. StateDistrict Court of Appeal of Florida· 2013-09-26· cited 9×
- Falwell v. StateDistrict Court of Appeal of Florida· 2012-04-27· cited 7×
- Rodriguez v. StateDistrict Court of Appeal of Florida· 2010-02-10· cited 4×
- Spicer v. StateDistrict Court of Appeal of Florida· 2009-11-13· cited 4×
- Conrad v. StateDistrict Court of Appeal of Florida· 2008-03-28· cited 3×
- Bryant Daniel Neal v. State of FloridaDistrict Court of Appeal of Florida· 2015-06-03· cited 3×
- Testerman v. StateDistrict Court of Appeal of Florida· 2007-10-31· cited 1×
- Murray v. StateDistrict Court of Appeal of Florida· 2007-12-05· cited 1×
- Jackson v. StateDistrict Court of Appeal of Florida· 2015-11-13
- Corey Stephen Smith v. State of FloridaDistrict Court of Appeal of Florida· 2025-06-27
Cites
8 cases in this archive are cited by this case.
- In Re WINSHIPSupreme Court· 1970-05-18· cited 11,712×
- Kyles v. WhitleySupreme Court· 1995-04-19· cited 6,003×
- Sullivan v. LouisianaSupreme Court· 1993-06-01· cited 3,512×
- Rose v. ClarkSupreme Court· 1986-07-02· cited 2,431×
- Griffin v. United StatesSupreme Court· 1991-12-03· cited 1,353×
- MacKerley v. StateDistrict Court of Appeal of Florida· 2000-03-22· cited 11×
- Sigler v. StateDistrict Court of Appeal of Florida· 1991-11-27· cited 9×
- Tricarico v. StateDistrict Court of Appeal of Florida· 1998-05-27· cited 3×
Sourced from CourtListener / Free Law Project (CC0).
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