Tillman v. State, No. 64653
| Court | United States State Supreme Court of Florida |
| Writing for the Court | BOYD |
| Citation | 10 Fla. L. Weekly 305,471 So.2d 32 |
| Docket Number | No. 64653 |
| Decision Date | 06 June 1985 |
| Parties | 10 Fla. L. Weekly 305 Wilson TILLMAN, Petitioner, v. STATE of Florida, Respondent. |
Page 32
v.
STATE of Florida, Respondent.
Page 33
Michael E. Allen, Public Defender and Carl S. McGinnes, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.
Jim Smith, Atty. Gen. and Lawrence A. Kaden, Asst. Atty. Gen., Tallahassee, for respondent.
BOYD, Chief Justice.
This case is before the Court on petition for review of a decision of the District Court of Appeal, First District, based on the district court's certification that its decision passed upon a question of great public importance. Tillman v. State, 440 So.2d 666 (Fla. 1st DCA 1983). We have jurisdiction to review the decision. Art. V, § 3(b)(4), Fla. Const. The certified question is whether there is such an offense as attempted manslaughter in the law of Florida.
With regard to the certified question, we find that it is controlled by our decision in Taylor v. State, 444 So.2d 931 (Fla.1983), which was rendered subsequent to the district court decision in the instant case. In Taylor this Court held that there is a crime of attempted manslaughter but that a conviction of such offense requires proof of a certain degree of criminal intent on the part of the defendant; mere culpable negligence is not sufficient to establish such criminal intent. Id. at 934.
Petitioner Wilson Tillman was tried on a three-count indictment charging: (1) the first-degree murder of Brenda Green; (2) the attempted first-degree murder of Linda Lewis; and (3) carrying a concealed firearm. The evidence showed that petitioner was the boyfriend of Brenda Green and that she shared her home with him. On July 4, 1982, there was a cookout held in the yard at the apartment complex where they lived. Numerous relatives and friends attended the cookout. Later that evening, a smaller number of the group continued to visit in the apartment occupied by Brenda Green, her daughter, her brother, and the petitioner. According to the testimony of Linda Lewis, cousin of Brenda Green and herself the victim of the offense charged as attempted murder in count two, petitioner and Brenda Green got into an argument. After she indicated to him that if he was dissatisfied he could simply move out of her home, he put his hand in his pocket. After she taunted him to use "that sucker" rather than just "clicking" it, he
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drew his gun and fired several times, killing Brenda Green and wounding Linda Lewis in the arm.During the cross-examination of state's witness Linda Lewis at trial, the defense attempted to ask the witness whether the deceased, Brenda Green, had told Linda Lewis about an incident in which Brenda Green struck Wilson Tillman with a heavy drinking mug, causing a serious injury. The state objected to the questions on the ground that the answers would be hearsay. The defense proffered the testimony out of the hearing of the jury and argued that the testimony about the incident was relevant to the issue of self-defense in that it would tend to show that the defendant had a reasonable fear of the deceased. The trial judge sustained the objection and disallowed the line of questioning.
The jury returned verdicts finding petitioner guilty of second-degree murder on count one, guilty of attempted manslaughter on count two, and guilty as charged of carrying a concealed firearm on count three. The defense argued that there could be no adjudication of guilt on the verdict for attempted manslaughter, contending that there was no such offense under Florida law. The court disagreed and entered judgment on the...
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T.M.H. v. D.M.T., No. 5D09–3559.
...or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.” Tillman v. State, 471 So.2d 32, 35 (Fla.1985). Appellant in this case never argued to the [79 So.3d 810] trial court that she was not an egg “donor,” as that term is used in se......
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Morrison v. State, No. SC94666.
...part of that presentation if it is to be considered preserved"); see also Woods v. State, 733 So.2d 980, 984 (Fla.1999); Tillman v. State, 471 So.2d 32, 35 (Fla.1985); Steinhorst v. State, 412 So.2d 332, 338 (Fla. 1982). Because Morrison did not argue the point he now raises below, he is fo......
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Rimmer v. State, No. SC95318.
...that is different than the one argued to the trial court, appellant's claim is not preserved for appellate review. See Tillman v. State, 471 So.2d 32, 35 (Fla.1985) ("In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specifi......
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Boca Burger, Inc. v. Forum, No. SC01-1830.
...of preemption can be properly presented was never even discussed or preserved as an issue for appellate review. See Tillman v. State, 471 So.2d 32 (Fla.1985); Dober v. Worrell, 401 So.2d 1322 (Fla.1981). It is not that I have any disagreement whatsoever with the district court's or Page 576......
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T.M.H. v. D.M.T., No. 5D09–3559.
...or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.” Tillman v. State, 471 So.2d 32, 35 (Fla.1985). Appellant in this case never argued to the [79 So.3d 810] trial court that she was not an egg “donor,” as that term is used in se......
-
Morrison v. State, No. SC94666.
...part of that presentation if it is to be considered preserved"); see also Woods v. State, 733 So.2d 980, 984 (Fla.1999); Tillman v. State, 471 So.2d 32, 35 (Fla.1985); Steinhorst v. State, 412 So.2d 332, 338 (Fla. 1982). Because Morrison did not argue the point he now raises below, he is fo......
-
Rimmer v. State, No. SC95318.
...that is different than the one argued to the trial court, appellant's claim is not preserved for appellate review. See Tillman v. State, 471 So.2d 32, 35 (Fla.1985) ("In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specifi......
-
Boca Burger, Inc. v. Forum, No. SC01-1830.
...of preemption can be properly presented was never even discussed or preserved as an issue for appellate review. See Tillman v. State, 471 So.2d 32 (Fla.1985); Dober v. Worrell, 401 So.2d 1322 (Fla.1981). It is not that I have any disagreement whatsoever with the district court's or Page 576......