· 12/13/2006
S.M. v. Department of Children & Family Services
Citations
- 944 So. 2d 1171
- 2006 Fla. App. LEXIS 20806
- 2006 WL 3615194
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that ambiguity as to whether doctrine of transferred intent should be applied to crime of attempt to commit murder must be resolved in defendant’s favor
- noting that \we reject defendant's argument that the successful killing of the intended victim prevents the transfer of that intent to an unintended victim\ (citations and internal quotations omitted)
- rejecting argument that intent to kill may not be transferred to unintended victim when intended victim is killed
- following established rule that claimed improper jury instruction on element of charged offense appealable even if not raised at trial
- following established rule that claimed improper jury instruction on element of charged offense appealable even if not raised at trial
- transferred intent doctrine applicable to support three counts of murder even if defendant only intended to kill one victim
Source: CourtListener parenthetical corpus (CC0).
Judges: Green, Schwartz, Shepherd
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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