Roberts v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that mere acquiescence to instructions as given is not an affirmative agreement to the instruction
• finding that defense counsel's mere acquiescence in jury instructions as given did not constitute affirmative agreement to omission of instructions on attempted manslaughter and definitions of justifiable and excusable homicide
• noting that facts need not support a necessarily lesser included offense instruction
• “Since defense counsel did not affirmatively agree to the omission of the instructions, but only acquiesced in the instructions as given, the exception does not apply.”
• “Since defense counsel did not affirmatively agree to the omission of the instructions, but only acquiesced in the instructions as given, the exception does not apply.”
• “Since defense counsel did not affirmatively agree to the omission of the [definitions of justifiable and excusable homicide when instructing on attempted manslaughter], but only acquiesced in the instructions as given, the [waiver] exception does not apply.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

13 cases in this archive cite this case.

• Pena v. State
  District Court of Appeal of Florida· 2002-10-18· cited 18×
• Van Loan v. State
  District Court of Appeal of Florida· 1999-07-21· cited 15×
• State of Florida v. Damani Spencer
  Supreme Court of Florida· 2017-04-27· cited 14×
• Bolin v. State
  District Court of Appeal of Florida· 2009-03-20· cited 13×
• Philippe v. State
  District Court of Appeal of Florida· 2001-09-05· cited 10×
• Beckham v. State
  District Court of Appeal of Florida· 2004-08-04· cited 10×
• Charlie Williams v. State of Florida
  District Court of Appeal of Florida· 2014-09-09· cited 7×
• Firsher v. State
  District Court of Appeal of Florida· 2003-01-15· cited 6×
• Brown v. State
  District Court of Appeal of Florida· 2005-09-09· cited 3×
• Burns v. State
  District Court of Appeal of Florida· 2015-06-22· cited 2×
• Dames v. State
  District Court of Appeal of Florida· 1997-10-08· cited 1×
• Rivera v. State
  District Court of Appeal of Florida· 1998-09-09· cited 1×
• STEVEN CANNON v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2021-04-14

Cites

5 cases in this archive are cited by this case.

• Armstrong v. State
  Supreme Court of Florida· 1991-05-09· cited 64×
• Hayes v. State
  District Court of Appeal of Florida· 1990-06-20· cited 19×
• Rinaldi v. State
  District Court of Appeal of Florida· 1993-02-26· cited 5×
• Abbarno v. State
  District Court of Appeal of Florida· 1995-04-21· cited 3×
• Taylor v. State
  District Court of Appeal of Florida· 1993-08-11· cited 3×