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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.