Nesbitt 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 instruction on aggravated assault not fundamental error because defense counsel expressly agreed to instruction as lesser-included of attempted second-degree murder
• suggesting that bench trials limit the opportunity to object to “the trier of fact’s consideration of inappropriate lesser offenses not charged by the charging documents!,]” presumably referring to the absence of jury instructions and a verdict form

Source: CourtListener parenthetical corpus (CC0).

Cited by

10 cases in this archive cite this case.

• Nesbitt v. State
  Supreme Court of Florida· 2004-12-09· cited 16×
• Chambers v. State
  District Court of Appeal of Florida· 2004-04-28· cited 11×
• Lane v. State
  District Court of Appeal of Florida· 2003-09-17· cited 10×
• James v. State
  District Court of Appeal of Florida· 2003-05-23· cited 4×
• C.W. v. State
  District Court of Appeal of Florida· 2003-12-12· cited 4×
• Wilburn v. State
  District Court of Appeal of Florida· 2003-03-19· cited 3×
• Michael v. State
  District Court of Appeal of Florida· 2010-12-23· cited 2×
• Jones v. State
  District Court of Appeal of Florida· 2002-11-01· cited 1×
• CW v. State
  District Court of Appeal of Florida· 2003-12-12
• Sanders v. State
  District Court of Appeal of Florida· 2002-08-06

Cites

12 cases in this archive are cited by this case.

• Ray v. State
  Supreme Court of Florida· 1981-07-30· cited 256×
• State v. Wimberly
  Supreme Court of Florida· 1986-12-11· cited 137×
• State v. Espinosa
  Supreme Court of Florida· 1996-12-26· cited 42×
• State v. Von Deck
  Supreme Court of Florida· 1992-11-05· cited 41×
• Velasquez v. State
  District Court of Appeal of Florida· 1995-05-05· cited 16×
• Jaramillo v. State
  District Court of Appeal of Florida· 1995-08-25· cited 14×
• Tolbert v. State
  District Court of Appeal of Florida· 1996-08-14· cited 13×
• Mauldin v. State
  District Court of Appeal of Florida· 1997-02-21· cited 10×
• Mateo v. State
  District Court of Appeal of Florida· 2000-04-19· cited 9×
• K.H. v. State
  District Court of Appeal of Florida· 2000-01-26· cited 8×
• Levesque v. State
  District Court of Appeal of Florida· 2001-02-14· cited 7×
• Herise v. State
  District Court of Appeal of Florida· 2000-06-28· cited 4×