Legal Opinion

Martinez v. State

District Court of Appeal of Florida

Decided February 7, 1996No. 94-2951PublishedCited by 1 opinion

1Opinion of the Court

WEBSTER, Judge.

In this direct criminal appeal, appellant challenges his conviction, following a jury trial, for manslaughter. Although appellant raises a number of issues, we conclude that only one merits discussion. Because the trial *907court denied appellant’s request that it include the definitions of justifiable and excusable homicide in a reinstruction on manslaughter requested by the jury, we reverse, and remand for a new trial.

Appellant was charged with second-degree murder. At trial, he admitted that he had shot the victim. However, he claimed that the shooting was justified because he…

2Cases cited6 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Hedges v. StateSupreme Court of Florida · 1965
  3. The Florida Bar Re: Standard Jury Instructions Criminal CasesSupreme Court of Florida · 1985
  4. Stockton v. StateSupreme Court of Florida · 1989
  5. Standard Jury Instructions in Crim. CasesSupreme Court of Florida · 1994

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

3Cited by1 opinion

  1. Finklea v. StateDistrict Court of Appeal of Florida · 2006

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