MERLIN EVANS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (26 total)

• Palmes v. State, 397 So. 2d 648 (Fla. 1981)
  …of his defense. Florida courts have reversed convictions where juries were not instructed about the defenses of alibi, Davis v. State, 254 So. 2d 221 (Fla. 3d DCA 1971); Watson v. State, 200 So. 2d 270 (Fla. 2d DCA 1967); coercion, Koontz v. State, 204 So. 2d 224 (Fla. 2d DCA 1967), entrapment, Kwasniewski v. State, 303 So. 2d 373 (Fla. 1st DCA 1974); Stiglitz v. State, 270 So. 2d 410 (Fla. 4th DCA 1972), justifiable homicide, Stinson v. State, 245 So. 2d 688 (Fla. 1st DCA 1971); Whitehead v. State, 245 So.…
• Wright v. State, 402 So. 2d 493 (Fla. 3d DCA 1981)
  …es, is not available as a defense to a charge of homicide.6 [*498] Florida has recognized the common law defense of duress as a defense to crimes other than homicide, e. g., Hall v. State, 136 Fla. 644, 187 So. 392 (1939) (perjury); Koontz v. State, 204 So. 2d 224 (Fla.2d DCA 1967) (attempted robbery). In a case of first impression in this state, the First District held that the defense is not available in a case of homicide or attempted homicide. See Cawthon v. State, 382 So. 2d 796 (Fla. 1st DCA 1980). That…

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• Wilton James Langston v. State, 789 So. 2d 1024 (Fla. 1st DCA 2001)
  …Gardner line of decisions is that once any trial evidence is presented to support an accused’s theory of defense, the issue becomes a jury question, and the defendant has a right to a jury instruction. See Gardner, 480 So. 2d at 92; Koontz v. State, 204 So. 2d 224, 227 (Fla. 2d DCA 1967). Having reviewed the evidence offered by the State and the defense, we agree with Appellant that the facts in the case support giving the instruction, and the instruction was necessary to resolve all issues in the case. See A…

Authorities Cited

• Buchanan v. State, 184 So. 2d 225 (Fla. 3d DCA 1966)
• Hammond v. United States, 309 F.2d 935 (4th Cir. 1962)