EDDIE MCNEALY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDDIE MCNEALY, APPELLANT,
STATE OF FLORIDA, APPELLEE
67 So. 3d 1187
Florida District Court of Appeal, Second District (2011)
Positive Treatment
Cited by 2 cases
Opinion of the Court
We affirm Eddie McNealy’s judgment and sentence for second-degree murder. However, as this court did in Haygood v. *1188 State, 54 So.3d 1035 (Fla. 2d DCA 2011), we certify the following question to the Florida Supreme Court to be of great public importance:
IF A JURY RETURNS A VERDICT FINDING A DEFENDANT GUILTY OF SECOND-DEGREE MURDER IN A CASE WHERE THE EVIDENCE DOES NOT SUPPORT A THEORY OF CULPABLE NEGLIGENCE, DOES A TRIAL COURT COMMIT FUNDAMENTAL ERROR BY GIVING A FLAWED MANSLAUGHTER BY ACT INSTRUCTION WHEN IT ALSO GIVES AN INSTRUCTION ON MANSLAUGHTER BY CULPABLE NEGLIGENCE?
Affirmed; question certified.
WHATLEY, KELLY, and WALLACE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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DE LA HOZ v. Crews, 123 So. 3d 101 (Fla. 3d DCA 2013)…SC10-1759 (Fla. Sep. 7, 2010); Garrido v. State, 76 So. 3d 378 (Fla. 3d DCA 2011), rev. granted, No. SC12-60 (Fla. Jan. 10, 2012); Nieves v. State, 22 So. 3d 691 (Fla. 2d DCA 2009), rev. granted, No. SC09-2216 (Fla. Dec. 2, 2009); McNealy v. State, 67 So. 3d 1187 (Fla. 2d DCA 2011), rev. granted, No. SC11-1842 (Fla. Sep. 15, 2011); Salonko v. State, 42 So. 3d 801 (Fla. 1st DCA 2010), rev. granted, No. SC 10-842 (Fla. Apr. 29, 2010). We note that all of these are currently proceeding on orders to show cause w…
Authorities Cited
- Haygood v. State, 54 So. 3d 1035 (Fla. 2d DCA 2011)
- Barbree Croney v. State, 54 So. 3d 1035 (Fla. 4th DCA 2011)