Legal Opinion

Standard Jury Instructions

Supreme Court of Florida

Decided February 13, 1986No. 67979PublishedCited by 7 opinions

1Per curiam

In Yohn v. State, 476 So.2d 123 (Fla.1985), we held standard criminal jury instruction 3.04(b) to be legally incorrect with respect to the state’s burden of proof concerning insanity. We requested the Committee on Florida Standard Jury Instructions in Criminal Cases to submit a revised instruction. It has done so.* We approve its publication.

It is so ordered.

ADKINS, Acting C.J., and OVERTON, McDonald, EHRLICH, SHAW and BARKETT, JJ., concur.

* 3.04(b) INSANITY

*429An issue in this case is whether (defendant) was insane when the crime allegedly was committed.

A person is considered to be insane when:

1.…

2Cases cited2 opinions

  1. Cirack v. StateSupreme Court of Florida · 1967
  2. Yohn v. StateSupreme Court of Florida · 1985

3Cited by7 opinions

  1. Pieczynski v. StateDistrict Court of Appeal of Florida · 1987
  2. State v. McMahonDistrict Court of Appeal of Florida · 1986
  3. In Re Standard Jury Instructions in Criminal Cases (No. 2005-5).Supreme Court of Florida · 2006
  4. In Re: Standard Jury Instructions in Criminal Cases—report 2016-01Supreme Court of Florida · 2017
  5. Finch v. StateDistrict Court of Appeal of Florida · 1988

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