Legal Opinion

Riesel v. State

District Court of Appeal of Florida

Decided October 15, 2010No. 1D09-3177PublishedCited by 23 opinions

1Per curiam

Randy Riesel appeals his conviction for second-degree murder and his sentence to life in prison. He was convicted as charged, after the trial court instructed the jury on the lesser included offense of manslaughter by act as follows: “To prove the crime of manslaughter, the State must prove the following two elements beyond a reasonable doubt: Number one, Charles David May, Jr., is dead. Number two, Randy Scott Riesel intentionally caused the death of Charles David May, Jr.” Later on the instruction also stated: “In order to convict of manslaughter by intentional act, it is not necessary for…

2Cases cited10 opinions

  1. State v. MontgomerySupreme Court of Florida · 2010
  2. In Re Standard Instruct. in Cr. Cases No. 2007-10Supreme Court of Florida · 2008
  3. Reddick v. StateSupreme Court of Florida · 1981
  4. Salonko v. StateDistrict Court of Appeal of Florida · 2010
  5. In re Amendments To Standard Jury Instructions in Criminal Cases—Instruction 7.7.Supreme Court of Florida · 2010

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3Cited by23 opinions

  1. Daniels v. StateSupreme Court of Florida · 2013
  2. Pryor v. StateDistrict Court of Appeal of Florida · 2010
  3. Moore v. StateDistrict Court of Appeal of Florida · 2013
  4. Daniels v. StateDistrict Court of Appeal of Florida · 2011
  5. United States v. Carlos Mendoza-PadillaCourt of Appeals for the Ninth Circuit · 2016

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