Jonathan Page v. State

In March 2010, following a jury trial, Jonathan Page was convicted of second-degree murder, attempted first-degree murder, and attempted robbery. Because one of the lesser included offenses for second-degree murder was manslaughter, the trial court instructed the jury on the elements necessary for the State to prove manslaughter, utilizing, without objection, the then standard manslaughter by intentional act jury instruction.

One month after Page’s trial, the Florida Supreme Court held that the same standard manslaughter by intentional act jury instruction that was used in Page’s trial was…