Legal Opinion

Reeder v. State

District Court of Appeal of Florida

Decided November 24, 2015No. 1D14-4702Published

1Per curiam

We reverse Appellant’s conviction for second-degree murder and remand for a new trial based on Floyd v. State, 151 So.3d 452 (Fla. 1st DCA), rev. granted, 168 So.3d 229 (Fla.2014), which held that the standard jury instruction for justifiable use of deadly force was internally inconsistent and amounted to fundamental error where, as here, the instruction effectively negated the defendant’s sole defense. But see Cruz v. State, 2015 WL 2393281, at *8 (Fla. 4th DCA May 20, 2015) (certifying conflict with Floyd because it was “incorrectly decided”); Wyche v. State, 170 So.3d 898, 905 (Fla. 3d DCA…

2Cases cited5 opinions

  1. Floyd v. StateDistrict Court of Appeal of Florida · 2014
  2. Anthony Cruz v. State of FloridaDistrict Court of Appeal of Florida · 2015
  3. Sims v. StateDistrict Court of Appeal of Florida · 2014
  4. Wyche v. StateDistrict Court of Appeal of Florida · 2015
  5. Woodsmall v. StateDistrict Court of Appeal of Florida · 2015

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