NATHANIEL ARMSTRONG, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Dorsey v. State, 74 So. 3d 521 (Fla. 4th DCA 2011)
  …ction 776.013, several cases have found fundamental error where the jury received the pre-2005 standard instruction on the justifiable use of deadly force. See Williams v. State, 982 So. 2d 1190, 1194 (Fla. 4th DCA 2008); see also Richards v. State, 39 So. 3d 431, 433-34 (Fla. 2d DCA 2010). However, in the present case, unlike in Richards and [*527] Williams, there was an issue as to whether the defendant was engaged in an unlawful activity at the time he was attacked. The current standard instruction does n…
• Floyd v. State, 151 So. 3d 452 (Fla. 1st DCA 2014)
  …is an incorrect statement of the law and necessarily misleading to the jury, and the effect of that instruction is to negate the defendant’s only defense, it is fundamental error and highly prejudicial to the defendant. See also Richards v. State, 39 So. 3d 431 (Fla. 2d DCA 2010) (holding that the erroneous use of an outdated jury instruction on the justifiable use of deadly force requiring the defendant to retreat if possible negated defendant’s claim of self-defense and rose to the level of fundamental e…
• McCOY v. State, 56 So. 3d 37 (Fla. 1st DCA 2010)
  …f a fair trial if the error divests the defendant of his or her “sole, or ... primary, defense strategy” and that defense is supported by evidence adduced at trial that could not be characterized as “weak.” Id. at 455-57. See also Richards v. State, 39 So. 3d 431, (Fla. 2d DCA 2010). In the underlying case, appellant and appellant’s husband presented the prescription defense for her possession. While the State introduced contradictory evidence refuting the defense, the jury was never instructed they had a c…