Legal Opinion · Concurrence

Austin v. State

District Court of Appeal of Florida

Decided August 9, 2011No. 1D10-2308Published

1ConcurrenceBenton, C.J.

“ ‘Florida law is clear that a defendant is entitled to have a jury instruction on any valid defense supported by the evidence,’ but ‘a trial judge is not required to give an instruction where there is no nexus between the evidence in the record and the requested instruction.’ Mora v. State, 814 So.2d 322, 380 (Fla.2002).” Wheeler v. State, 4 So.3d 599, 605 (Fla.2009). In “ ‘order to be entitled to a special jury instruction, [the defendant] must prove: (1) the special instruction was supported by the evidence; (2) the standard instruction did not adequately cover the theory of defense; and…

2Cases cited5 opinions

  1. Stephens v. StateSupreme Court of Florida · 2001
  2. State v. AndersonSupreme Court of North Carolina · 1988
  3. Mora v. StateSupreme Court of Florida · 2002
  4. Wheeler v. StateSupreme Court of Florida · 2009
  5. Lee v. StateCourt of Appeals of Georgia · 1994

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