BETTY REESE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
BETTY REESE, PETITIONER,
STATE OF FLORIDA, RESPONDENT
476 So. 2d 129
Florida Supreme Court (1985)
Positive Treatment
Cited by 8 cases
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Opinion of the Court
ADKINS Justice.
The Fourth District Court of Appeal certified to this Court the following question:
If the state has the burden to prove beyond a reasonable doubt that a defendant was sane at the time of the offense when the defense of insanity has been raised, is the giving of the present insanity instruction, as set forth in standard jury instruction 3.04(b), along with the general reasonable doubt instruction sufficient, notwithstanding the defendant having specifically requested the court to instruct the jury that the state must prove beyond a reasonable doubt that the defendant was sane at the time of the offense? Reese v. State, 452 So. 2d 1079 (Fla. 4th DCA 1984). We have answered this question in Yohn v. State, 476 So. 2d 123 (Fla.1985). Therefore, on its authority, we quash the decision of the Fourth District Court of Appeal in this case and remand with instructions to further remand to the trial court for new trial.
It is so ordered.
BOYD, C.J., and McDONALD and SHAW, JJ., concur. ALDERMAN, J., dissents with an opinion, in which EHRLICH, J., concurs.
OVERTON, J., dissents.
Dissent
ALDERMAN, Justice,
dissenting.
I dissent for the reasons stated in my dissent in Yohn v. State, 476 So. 2d 123 (Fla.1985), and would approve the decision of the Fourth District.
EHRLICH, J., concurs.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 521 So. 2d 106 (Fla. 1988)…efendant since in many cases the only “defense” available to a defendant is the contention that the state has not carried its heavy burden of proof. [*109] Reese v. State, 452 So. 2d 1079, 1081 (Fla. 4th DCA 1984) (Anstead, J., dissenting), quashed, 476 So. 2d 129 (Fla.1985). In light of Yohn’s holding, I do not see how the failure to object below now bars this petitioner from raising the issue on appeal. Yohn plainly held that the instructions used here placed the burden of proof on the wrong party, the def…
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Tura Yohn v. State, 476 So. 2d 123 (Fla. 1985)…federal courts the trial judge determines as a matter of law when insanity is in issue. See, e.g., United States v. Jackson, 587 F. 2d 852, 854 (6th Cir.1978). It is true, as the state argues in a companion case to the instant case, Reese v. State, 476 So. 2d 129 (Fla.1985), that the United States Supreme Court has held in Patterson v. New York, 432 U.S. 197, 97 S.Ct. 2319, 53 L.Ed.2d 281 (1977), that it is not unconstitutional to place the burden on a defendant to prove he was insane at the time of the comm…
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State v. Cohen, 545 So. 2d 894 (Fla. 4th DCA 1989)…re the defendant claimed insanity as a defense. The Florida Supreme Court determined that the burden of proving insanity should not be placed on the defendant: It is true, as the state argues in a companion case to the instant case, Reese v. State, 476 So. 2d 129 (Fla.1985), that the United States Supreme Court has held in Patterson v. New York, 432 U.S. 197, 97 S.Ct. 2319, 53 L.Ed.2d 281 (1977), that it is not unconstitutional to place the burden on a defendant to prove he was insane at the time of the comm…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tura Yohn v. State, 476 So. 2d 123 (Fla. 1985)
- Reese v. State, 452 So. 2d 1079 (Fla. 4th DCA 1984)