In re Standard Jury Instructions in Criminal Cases—instruction 6., No. SC12–462.

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM.
Citation132 So.3d 1124
Decision Date06 February 2014
Docket NumberNo. SC12–462.
PartiesIn re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—INSTRUCTION 6.6.

132 So.3d 1124

In re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—INSTRUCTION 6.6.

No. SC12–462.

Supreme Court of Florida.

Feb. 6, 2014.
Rehearing Denied Feb. 6, 2014.


Original Proceeding—Supreme Court Committee on Standard Jury Instructions in Criminal Cases.
Honorable Joseph A. Bulone, Chair, Clearwater, FL, and Honorable Jacqueline Hogan Scola, Past Chair, Standard Jury Instructions in Criminal Cases Committee, Miami, FL, and Bart Schneider, Senior Attorney, Office of State Court Administrator, Tallahassee, FL, for Petitioner.

PER CURIAM.

The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted proposed

[132 So.3d 1125]

changes to the standard jury instructions and asks that the Court authorize instruction 6.6 (Attempted Manslaughter by Act).1 We have jurisdiction. Seeart. V, § 2(a), Fla. Const.

In Williams v. State, 123 So.3d 23 (Fla.2013), the Court held that the standard jury instruction for the offense of attempted voluntary manslaughter, also known as attempted manslaughter by act, which required a finding that the defendant committed an act intended to cause the death of the victim, constituted fundamental error because the crime of attempted manslaughter by act requires only an intentional unlawful act. Id. at 27. The Committee's proposal to amend the instruction for attempted voluntary manslaughter is consistent with the Court's decision in Williams.

Accordingly, we hereby authorize the publication and use of instruction 6.6 as amended, set forth in the appendix to this opinion. In doing so, we express no opinion on the correctness of the instruction and remind all interested parties that this authorization forecloses neither requesting additional or alternative instructions, nor contesting the legal correctness of the instruction. We further caution all interested parties that any comments associated with the instruction reflect only the opinion of the Committee on Standard Jury Instructions in Criminal Cases and are not necessarily indicative of the views of this Court as to their correctness or applicability. New language is indicated by underlining, and deleted language is struck-through. The instruction as set forth in the appendix shall be effective when this opinion becomes final.2

It is so ordered.

POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.

[132 So.3d 1126]



APPENDIX
6.6 ATTEMPTED VOLUNTARY MANSLAUGHTER BY ACT

§§ 782.07 and 777.04, Fla. Stat.

To prove the crime of Attempted Voluntary Manslaughter by Act, the State must prove the following element beyond a reasonable doubt:

(Defendant) intentionally committed an act [or procured the commission of an act], which was intended to cause the death of (victim) and would have resulted in the death of (victim) except that someone prevented (defendant) from killing (victim) or [he][she] failed to do so.

However, the...

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9 practice notes
  • Knight v. State, No. SC18-309
    • United States
    • United States State Supreme Court of Florida
    • December 19, 2019
    ...by act that eliminated the intent to kill language. See In re Standard Jury Instructions in Criminal Cases–Instruction 6.6 , 132 So. 3d 1124, 1125 (Fla. 2014).2 On appeal, the First District concluded that the erroneous jury instruction did not constitute fundamental error because this Cour......
  • In re Standard Jury Instructions in Criminal Cases—Report 2017-06, No. SC17–1740
    • United States
    • United States State Supreme Court of Florida
    • February 8, 2018
    ...Instruction 5.1 for the affirmative defense of renunciation.This instruction was adopted in 1994 [ 636 So.2d 502 ] and amended in 2014 [ 132 So.3d 1124 ], and 2017 [ 213 So.3d 680 ], and 2018.6.7 ATTEMPTED MURDER—RECLASSIFIED (BY VICTIM'S EMPLOYMENT AS LAW ENFORCEMENT OFFICER, CORRECTIONAL ......
  • Devers-Division v. Sec'y, Dep't of Corr., Case No. 8:14-cv-388-KKM-JSS
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • June 23, 2021
    ...was re-named attempted manslaughter by act) was amended. In re Standard Jury Instructions in Criminal Cases—Page 23 Instruction 6.6, 132 So.3d 1124 (Fla. 2014).11 Devers-Division does not argue or show that the instruction was invalid prior to the 2014 amendment. Counsel is not ineffective ......
  • In re Standard Jury Instructions in Criminal Cases—Report 2016-01, No. SC16-724.
    • United States
    • United States State Supreme Court of Florida
    • March 9, 2017
    ...Instruction 5.1 for the affirmative defense of renunciation. This instruction was adopted in 1994 [636 So. 2d 502] and amended in 2014 [132 So. 3d 1124] and 2017. 213 So.3d 692 7.7 MANSLAUGHTER § 782.07, Fla. Stat. To prove the crime of Manslaughter, the State must prove the following two e......
  • Request a trial to view additional results
9 cases
  • Knight v. State, No. SC18-309
    • United States
    • United States State Supreme Court of Florida
    • December 19, 2019
    ...by act that eliminated the intent to kill language. See In re Standard Jury Instructions in Criminal Cases–Instruction 6.6 , 132 So. 3d 1124, 1125 (Fla. 2014).2 On appeal, the First District concluded that the erroneous jury instruction did not constitute fundamental error because this Cour......
  • In re Standard Jury Instructions in Criminal Cases—Report 2017-06, No. SC17–1740
    • United States
    • United States State Supreme Court of Florida
    • February 8, 2018
    ...Instruction 5.1 for the affirmative defense of renunciation.This instruction was adopted in 1994 [ 636 So.2d 502 ] and amended in 2014 [ 132 So.3d 1124 ], and 2017 [ 213 So.3d 680 ], and 2018.6.7 ATTEMPTED MURDER—RECLASSIFIED (BY VICTIM'S EMPLOYMENT AS LAW ENFORCEMENT OFFICER, CORRECTIONAL ......
  • Devers-Division v. Sec'y, Dep't of Corr., Case No. 8:14-cv-388-KKM-JSS
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • June 23, 2021
    ...was re-named attempted manslaughter by act) was amended. In re Standard Jury Instructions in Criminal Cases—Page 23 Instruction 6.6, 132 So.3d 1124 (Fla. 2014).11 Devers-Division does not argue or show that the instruction was invalid prior to the 2014 amendment. Counsel is not ineffective ......
  • In re Standard Jury Instructions in Criminal Cases—Report 2016-01, No. SC16-724.
    • United States
    • United States State Supreme Court of Florida
    • March 9, 2017
    ...Instruction 5.1 for the affirmative defense of renunciation. This instruction was adopted in 1994 [636 So. 2d 502] and amended in 2014 [132 So. 3d 1124] and 2017. 213 So.3d 692 7.7 MANSLAUGHTER § 782.07, Fla. Stat. To prove the crime of Manslaughter, the State must prove the following two e......
  • Request a trial to view additional results

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