WHITESIDE

v.

PARKE, WARDEN, ET AL.

Citator

Cited By (14 total)

• Berry v. State, 566 So. 2d 22 (Fla. 1st DCA 1990)
  …lness” element, the state only needed to show that the willful act was done without a legitimate, lawful purpose. Lofton v. State, 416 So. 2d 522 (Fla. 4th DCA 1982), rev. denied, 429 So. 2d 6 (Fla.1983), cert. denied sub. nom., DeAndrea v. Florida, 464 U.S. 843, 104 S.Ct. 142, 78 L.Ed.2d 134 (1983). The state satisfied this burden by presenting evidence that appellant intentionally burned the home for the purpose of collecting the fire insurance proceeds.2 Finally, the statute expressly proscribes willful…
• M.T.A. v. State, 182 So. 3d 689 (Fla. 1st DCA 2015)
  …order to alleviate the perceived difficulty of proving malice or evil intent in order to obtain an arson conviction. See Lofton v. State, 416 So. 2d 522, 523 (Fla. 4th DCA 1982), rev. denied, 429 So. 2d 6 (Fla.1983), cert. denied, DeAndrea v. Fla., 464 U.S. 843, 104 S.Ct. 142, 78 L.Ed.2d 134 (1983). After the amendment, the State no longer needed to prove evil intent on the part of the perpetrator, but still must show that a willful -act was done unlawfully, -meaning without a legitimate, lawful purpose.…
• Benny Dale Alexander v. O.L. McCOTTER, 775 F.2d 595 (5th Cir. 1985)
  …not raised as a lesser included offense.2 There is uncertainty in this Circuit as to whether due process ever requires a lesser included offense instruction in non-capital cases. In Bell v. Watkins, 692 F. 2d 999, 1004 (5th Cir.1982), cert. denied, 464 U.S. 843, 104 S.Ct. 142, 78 L.Ed.2d 134 (1983), we stated that “[t]he due process clause of the Fourteenth Amendment requires a trial judge to give a lesser included offense instruction to the jury ‘if the evidence would permit a jury to find [the defendant]…