Legal Opinion · Dissent

Jovita C. Ibeagwa v. State of Florida

District Court of Appeal of Florida

Decided July 30, 2014No. 1D12-2602Published

1DissentClark, J.

I disagree and would reverse the convictions for aggravated manslaughter of a *250child because the State failed to present a prima facie case of aggravated manslaughter by culpable negligence. The denial of Appellant’s motion for judgment of acquittal (“JOA”) was reversible error.

While “culpable negligence” is not defined by statute, courts have established a case-law definition. Culpable negligence is reserved for egregious acts: “consciously doing an act which a reasonable person would know is likely to result in death or great bodily harm to another person, even though done without any intent…

2Cases cited9 opinions

  1. Jones v. StateDistrict Court of Appeal of Florida · 2001
  2. State v. GreeneSupreme Court of Florida · 1977
  3. Arnold v. StateDistrict Court of Appeal of Florida · 2000
  4. Sexton v. StateDistrict Court of Appeal of Florida · 2005
  5. Ramos v. StateDistrict Court of Appeal of Florida · 2012

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API