Reese v. State
| Decision Date | 11 July 1985 |
| Docket Number | No. 65633,65633 |
| Parties | 10 Fla. L. Weekly 388 Betty REESE, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
Application for Review of the Decision of the District Court of Appeal--Certified Great Public Importance.
Richard L. Jorandby, Public Defender and Anthony Calvello and Robert E. Adler, Asst. Public Defenders, West Palm Beach, for petitioner.
Jim Smith, Atty. Gen. and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for respondent.
ADKINS Justice.
The Fourth District Court of Appeal certified to this Court the following question:
If the state has the burden to prove beyond a reasonable doubt that a defendant was sane at the time of the offense when the defense of insanity has been raised, is the giving of the present insanity instruction, as set forth in standard jury instruction 3.04(b), along with the general reasonable doubt instruction sufficient, notwithstanding the defendant having specifically requested the court to instruct the jury that the state must prove beyond a reasonable doubt that the defendant was sane at the time of the offense?
Reese v. State, 452 So.2d 1079 (Fla. 4th DCA 1984). We have answered this question in Yohn v. State, 476 So.2d 123 (Fla.1985). Therefore, on its authority, we quash the decision of the Fourth District Court of Appeal in this case and remand with instructions to further remand to the trial court for new trial.
It is so ordered.
I dissent for the reasons stated in my dissent in Yohn v. State, 476 So.2d 123 (Fla.1985), and would approve the decision of the Fourth District.
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Smith v. State
...not carried its heavy burden of proof. Reese v. State, 452 So.2d 1079, 1081 (Fla. 4th DCA 1984) (Anstead, J., dissenting), quashed, 476 So.2d 129 (Fla.1985). In light of Yohn 's holding, I do not see how the failure to object below now bars this petitioner from raising the issue on appeal. ......
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State v. Cohen
...insanity should not be placed on the defendant: It is true, as the state argues in a companion case to the instant case, Reese v. State, 476 So.2d 129 (Fla.1985), that the United States Supreme Court has held in Patterson v. New York, 432 U.S. 197, 97 S.Ct. 2319, 53 L.Ed.2d 281 (1977), that......
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Yohn v. State
...v. Jackson, 587 F.2d 852, 854 (6th Cir.1978). It is true, as the state argues in a companion case to the instant case, Reese v. State, 476 So.2d 129 (Fla.1985), that the United States Supreme Court has held in Patterson v. New York, 432 U.S. 197, 97 S.Ct. 2319, 53 L.Ed.2d 281 (1977), that i......
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Milburn v. State, 96-05271.
...(quoting Reese v. State, 452 So.2d 1079, 1081 (Fla. 4th DCA 1984) (Anstead, J., concurring in part and dissenting in part), quashed, 476 So.2d 129 (Fla.1985)). Without quantifying the defense burden, it is far less than the preponderance of the evidence argued to the jury. We cannot say tha......