MIGLIORINI

v.

NEW YORK

Citator

Cited By (20 total)

• Kearse v. State, 662 So. 2d 677 (Fla. 1995)
  …n that followed can be fairly interpreted to cover the first two legal grounds raised in this appeal. Thus, these contentions have been preserved for our review. As this Court explained in State v. Bryan, 287 So. 2d 73, 75 (Fla.1973), cert. denied, 417 U.S. 912, 94 S.Ct. 2611, 41 L.Ed.2d [*682] 216 (1974), the standard jury instructions should be used to the extent applicable in the judgment of the trial court. However, the trial judge still has the responsibility to “ ‘properly and correctly ... charge th…
• Griffin v. State, 474 So. 2d 777 (Fla. 1985)
  …inder of the instructions, which were given, the instruction was inessential in this case. Defense counsel failed to object at trial, and the omission does not constitute fundamental error. State v. Bryan, 287 So. 2d 73, 75 (Fla.1973), cert. denied, 417 U.S. 912, 94 S.Ct. 2611, 41 L.Ed.2d 216 (1974): “What is important is that sufficient instructions— not necessarily academically perfect ones— be given as adequate guidance to enable a jury to arrive at a verdict based upon the law as applied to the evidence…
• Marasa v. State, 394 So. 2d 544 (Fla. 5th DCA 1981)
  …of the type present when death is caused by recklessness, even though a willful design is absent. 40 Am.Jur.2d, Homicide, Section 53. (Emphasis added). 227 So. 2d at 336. In State v. Bryan, 287 So. 2d 73 (Fla.1974), cert. denied, Bryan v. Florida, 417 U.S. 912, 94 S.Ct. 2611, 41 L.Ed.2d 216 (1974), the Florida Supreme Court upheld a second degree murder conviction based on the intentional striking of the victim with a loaded pistol, resulting in its accidental discharge, in the absence of any deliberate a…