Filed: Jan. 14, 2016
Latest Update: Mar. 02, 2020
Summary: Supreme Court of Florida _ No. SC13-1236 _ STATE OF FLORIDA, Petitioner, vs. JIMMY MOORE, JR., Respondent. [January 14, 2016] PER CURIAM. We initially accepted jurisdiction under article V, section 3(b)(4), of the Florida Constitution to review Moore v. State, 114 So. 3d 486 (Fla. 1st DCA 2013), a decision in which the First District Court of Appeal certified the following questions to be of great public importance: IN ORDER FOR COUNSEL TO WAIVE AN ERROR IN A JURY INSTRUCTION THAT WOULD OTHERWIS
Summary: Supreme Court of Florida _ No. SC13-1236 _ STATE OF FLORIDA, Petitioner, vs. JIMMY MOORE, JR., Respondent. [January 14, 2016] PER CURIAM. We initially accepted jurisdiction under article V, section 3(b)(4), of the Florida Constitution to review Moore v. State, 114 So. 3d 486 (Fla. 1st DCA 2013), a decision in which the First District Court of Appeal certified the following questions to be of great public importance: IN ORDER FOR COUNSEL TO WAIVE AN ERROR IN A JURY INSTRUCTION THAT WOULD OTHERWISE..
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Supreme Court of Florida
____________
No. SC13-1236
____________
STATE OF FLORIDA,
Petitioner,
vs.
JIMMY MOORE, JR.,
Respondent.
[January 14, 2016]
PER CURIAM.
We initially accepted jurisdiction under article V, section 3(b)(4), of the
Florida Constitution to review Moore v. State,
114 So. 3d 486 (Fla. 1st DCA
2013), a decision in which the First District Court of Appeal certified the following
questions to be of great public importance:
IN ORDER FOR COUNSEL TO WAIVE AN ERROR IN A
JURY INSTRUCTION THAT WOULD OTHERWISE BE
FUNDAMENTAL, IS IT ONLY NECESSARY THAT COUNSEL
AFFIRMATIVELY AGREE TO THE INSTRUCTION, OR IS IT
ALSO NECESSARY FOR COUNSEL TO AFFIRMATIVELY
AGREE TO THE PORTION OF THE INSTRUCTION THAT IS
ERROR AND/OR TO BE AWARE THAT THE INSTRUCTION IS
ERRONEOUS?
WHEN A DEFENDANT IS CONVICTED OF EITHER
MANSLAUGHTER OR A GREATER OFFENSE NOT MORE
THAN ONE STEP REMOVED, DOES THE FAILURE TO
INSTRUCT THE JURY ON JUSTIFIABLE OR EXCUSABLE
HOMICIDE CONSTITUTE FUNDAMENTAL ERROR NOT
SUBJECT TO A HARMLESS ERROR ANALYSIS EVEN WHERE
THE RECORD REFLECTS THERE WAS NO DISPUTE AS TO
THIS ISSUE AND THERE WAS NO EVIDENCE PRESENTED
FROM WHICH THE JURY COULD FIND JUSTIFIABLE OR
EXCUSABLE HOMICIDE?
Id. at 493-94. After further consideration and hearing oral argument in this case,
we have determined that we should exercise our discretion and discharge
jurisdiction. Accordingly, we hereby dismiss review.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, and PERRY,
JJ., concur.
CANADY, J., dissents.
NO MOTION FOR REHEARING WILL BE ALLOWED.
Application for Review of the Decision of the District Court of Appeal - Certified
Great Public Importance
First District - Case No. 1D10-4052
(Madison County)
Pamela Jo Bondi, Attorney General, Trisha Meggs Pate, Bureau Chief, and
Kathryn Lane, Assistant Attorney General, Tallahassee, Florida,
for Petitioner
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Nancy Ann Daniels, Public Defender, and Kathleen Ann Stover, Assistant Public
Defender, Second Judicial Circuit, Tallahassee, Florida,
for Respondent
-3-