Legal Opinion

Butler v. State

District Court of Appeal of Florida

Decided February 2, 2005No. 4D03-1915PublishedCited by 1 opinion

1Opinion of the CourtKlein, J.

Appellant was found guilty of attempted murder on a law enforcement officer and attempt to deprive an officer of his weapon. He argues that the state failed to rebut expert evidence of his insanity, and that the court should therefore have granted his motion for judgment of acquittal. We conclude that, although the state had no expert, the trial court properly left the issue for the jury to determine.

The incident occurred after appellant asked a nurse in a hospital emergency room why it was taking so long for him to be seen and a police officer attempted to calm him down. After speaking with…

2Cases cited5 opinions

  1. State Ex Rel. Bludworth v. KapnerDistrict Court of Appeal of Florida · 1981
  2. Fisher v. StateDistrict Court of Appeal of Florida · 1987
  3. Gryczan v. StateDistrict Court of Appeal of Florida · 1999
  4. State v. Van HornDistrict Court of Appeal of Florida · 1988
  5. Bourriague v. StateDistrict Court of Appeal of Florida · 2002

3Cited by1 opinion

  1. Joseph v. StateDistrict Court of Appeal of Florida · 2011

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