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Supreme Court of Florida· 4/8/2010

State v. Montgomery

Citations

  • 39 So. 3d 252
  • 35 Fla. L. Weekly Supp. 204
  • 2010 Fla. LEXIS 474
  • 2010 WL 1372701

How courts have described this case

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

  • holding that giving the standard instruction for manslaughter by act as a lesser- included offense of second-degree murder constitutes fundamental error
  • holding that standard jury instruction on second-degree murder improperly imposed intent as an additional element on the lesser-included offense of manslaughter and constituted fundamental error
  • holding that fundamental error occurred where Montgomery was tried for first-degree murder and convicted of second-degree murder after the jury was given an erroneous instruction on the lesser-included offense of manslaughter
  • noting that “second-degree murder was only one step removed from the necessarily lesser included offense of manslaughter”
  • noting that “second-degree murder was only one step removed from the necessarily lesser included offense of manslaughter”
  • recognizing that the phrase “imminently dangerous to 132 another and evincing a depraved mind” is an act or series of acts which “a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another”

Source: CourtListener parenthetical corpus (CC0).

Judges: Labarga, Quince, Pariente, Lewis, Canady, Polston, Perry

Read full opinion on CourtListener

Cited by

223 cases in this archive cite this case; the 20 most cited are listed.

Cites

16 cases in this archive are cited by this case.

Other cases named State v. Montgomery

308 other CourtListener records share this case name; the 50 most cited are listed.

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.