EDWARD HUDAK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court committed reversible error by refusing to give requested jury instructions on self-defense and character evidence, and by excluding evidence of the victim's propensity for violence.
The defendant, a bar bouncer, was convicted of battery after an altercation where the victim sustained a broken jaw. The defense presented evidence of…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Non-Deadly Force cases and more on FLexlaw
PER CURIAM.
Hudak, a barroom bouncer, was tried by jury and found guilty of battery, contrary to Section 784.03, Florida Statutes (1982), based on an altercation in which the victim received a broken jaw. Hudak appeals. We reverse and remand for a new trial based on these errors:
First, the defense presented evidence of self-defense. Therefore, it was reversible error for the trial court to refuse to give requested instruction No. 3.04(d), Self-defense, Justifiable Use of Non-deadly Force, Florida Standard Jury Instructions in Criminal Cases (1981). See Taylor v. State, 301 So. 2d 123 (Fla. 4th DCA 1974).
Second, because the defense presented character witnesses, we find that the trial court again erred when it refused the defense’s request to give an appropriate jury instruction. Sunderland v. United States, 19 F. 2d 202 (8th Cir.1927); United States v. Quick, 128 F. 2d 832 (3d Cir.1942); United States v. Darland, 626 F. 2d 1235 (5th Cir.1980).
Our third and last ground for reversal is the trial court’s exclusion, after a proper predicate was established, of evidence of the victim’s propensity for violence, a fact known by the defendant which allegedly created a substantial apprehension for his own safety. Hager v. State, 439 So. 2d 996 (Fla. 4th DCA 1983); Smith v. State, 410 So. 2d 579 (Fla. 4th DCA 1982); Williams v. State, 252 So. 2d 243 (Fla. 4th DCA 1971), cert. denied, 255 So. 2d 682 (Fla.1971).
Reversed and remanded for a new trial.
GLICKSTEIN, WALDEN and BARK-ETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Frazier v. State, 488 So. 2d 166 (Fla. 1st DCA 1986)…juries should be instructed that character evidence may be enough to raise reasonable doubt. Michelson at 476, 69 S.Ct. at 218. Numerous federal cases have followed this mandate in reversing convictions, as has one Florida decision, Hudak v. State, 457 So. 2d 594 (Fla. 4th DCA 1984). However, the Edgington/Michelson holding has not been unequivocally applied in these later federal decisions on which Frazier arid Hudak rely. In every case, the court cited as its basis for reversal the importance of character…
-
Georgettis v. State, 668 So. 2d 1052 (Fla. 3d DCA 1996)…and because there was sufficient evidence presented to warrant such an instruction, we reverse and remand for new trial. See Johnson v. State, 634 So. 2d 1144 (Fla. 4th DCA 1994); O’Steen v. State, 547 So. 2d 235 (Fla. 1st DCA 1989); Hudak v. State, 457 So. 2d 594 (Fla. 4th DCA 1984). Based on our disposition of the above issue, we do not reach the remaining points raised by the defendant. Reversed and remanded.…
Authorities Cited
- Sunderland v. United States, 19 F.2d 202 (8th Cir. 1927)
- Noble Williams v. State, 252 So. 2d 243 (Fla. 4th DCA 1971)
- United States v. Quick, 128 F.2d 832 (3d Cir. 1942)
- United States v. Darland, 626 F.2d 1235 (5th Cir. 1980)
- Smith v. State, 410 So. 2d 579 (Fla. 4th DCA 1982)
- Hager v. State, 439 So. 2d 996 (Fla. 4th DCA 1983)
- D. F. S., Inc. v. Beasley Crane Serv. & Sales, Inc., 255 So. 2d 682 (Fla. 1971)
- State v. Luman, 255 So. 2d 682 (Fla. 1971)
- The Travelers Indem. Co. v. Alvarez, 301 So. 2d 123 (Fla. 3d DCA 1974)
- Taylor v. State, 301 So. 2d 123 (Fla. 4th DCA 1974)