Legal Opinion

Joshua T. Oliver v. State of Florida

District Court of Appeal of Florida

Decided January 29, 2015No. 1D13-1281PublishedCited by 1 opinion

1Per curiam

Appellant was convicted of manslaughter and sentenced to 30 years in prison for a stabbing that occurred at a nightclub. He contends that the jury instructions on his sole defense — justifiable use of deadly force — were fundamentally erroneous for the reasons stated in Floyd v. State, 151 So.3d 452 (Fla. 1st DCA 2014). We affirm because, at the charge conference, Appellant’s counsel affirmatively requested and specifically agreed to the applicable parts of the justifiable use of deadly force instructions that were to be included, thereby waiving any claim of fundamental error in the…

2Cases cited6 opinions

  1. Armstrong v. StateSupreme Court of Florida · 1991
  2. Floyd v. StateDistrict Court of Appeal of Florida · 2014
  3. Joyner v. StateDistrict Court of Appeal of Florida · 2010
  4. Calloway v. StateDistrict Court of Appeal of Florida · 2010
  5. Moore v. StateDistrict Court of Appeal of Florida · 2013

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3Cited by1 opinion

  1. John Swearingden v. State of FloridaDistrict Court of Appeal of Florida · 2015

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