1DCA: Jury Instruction on Manslaughter by Culpable Negligence

Where the jury could have reasonably viewed the evidence as establishing second-degree murder, manslaughter by act, or manslaughter by culpable negligence, a trial court fundamentally errs by omitting the manslaughter by culpable negligence jury instruction despite instructing the jury on manslaughter by act as a lesser include offense.

Wade v. State, 1D12-4310 (Fla. 1st DCA Feb. 3, 2015)

https://edca.1dca.org/DCADocs/2012/4310/124310_DC13_02032015_115737_i.pdf

Duval Judge Boyer

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