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CASES

By Jeffrey Ivashuk

Criminal law -- Armed robbery -- Jurors -- Trial court erred by refusing to strike jury after jurors were made aware of another robbery count against defendant which was severed -- Jury instructions -- Trial court erred by refusing to read portions of standard jury instructions without providing any reasons     Reported at 33 Fla. L. Weekly D1868a Criminal law -- Battery -- Counsel -- Ineffectiveness -- Face of record demonstrates that counsel was ineffective for failing to request instruction on justifiable use of non-deadly force -- Where evidence presented at trial did not establish as matter of law whether force used by defendant was deadly or non-deadly, question was factual one to be decided by jury, and defendant was entitled to jury instructions on justifiable use of both types of force -- Prejudice is apparent on face of record where self-defense was defendant's only defense to simple battery, a lesser-included offense of aggravated battery and the offense of which defendant was convicted -- Absence of instruction was magnified when jury requested full definition of aggravated battery and battery, and court responded by giving them a complete copy of jury instructions, which included an instruction on justifiable use of deadly force, but not the justifiable use of non-deadly force     Reported at 33 Fla...continue to full post

Full post as published by JAABlog on July 30, 2008 (boomark / email).