T.S., A CHILD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Fields v. State, 988 So. 2d 1185 (Fla. 5th DCA 2008)
  …under an erroneous instruction as to the burden of proof. 937 So. 2d at 280. The court concluded that such an error was fundamental because it essentially defined the defendant’s sole legal defense out of existence. Id. at 281; see Novak v. State, 974 So. 2d 520 (Fla. 4th DCA 2008) (citing Murray and extending it to justifiable use of non-deadly force instruction); Testerman v. State, 966 So. 2d 1035 (Fla. 4th DCA 2007) (finding reversible fundamental error when conflicting jury instructions on self-defense…
• Falwell v. State, 88 So. 3d 970 (Fla. 5th DCA 2012)
  …urden to prove the basis for self-defense beyond a reasonable doubt, because it raises the possibility that the jury may apply the wrong burden of proof in convicting the defendant. Montijo, 61 So. 3d at 427; Fields, 988 So. 2d 1185; Novak v. State, 974 So. 2d 520, 521 (Fla. 4th DCA 2008); Murray, 937 So. 2d at 282. However, fundamental error can be waived when defense counsel requests an erroneous instruction, see Armstrong v. State, 579 So. 2d 734, 735 (Fla. 1991), or affirmatively agrees to an improper ins…
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2009-01, 27 So. 3d 640 (Fla. 2010)
  …where the officer was acting in good faith. The amendments to instructions 8.6(f) and 3.6(g) include that new language reflecting amended section 776.051(1). Instructions 3.6(f) and 3.6(g) are further amended to include citations to Novak v. State, 974 So. 2d 520 (Fla. 4th DCA 2008), clarifying that the “no duty to retreat” rule applies to situations where the defendant was not engaged in unlawful conduct beyond that for which he asserts justification. In addition, instruction 3.6(f) is also amended to incl…

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Authorities Cited

• Anders v. California, 386 U.S. 738 (U.S. 1967)