McNealy v. State
67 So. 3d 1187, 2011 Fla. App. LEXIS 13056, 2011 WL 3629373
District Court of Appeal of Florida·Decided August 19, 2011·No. 2D09-5869·Published·Cited by 2 cases
Opinion
We affirm Eddie McNealy’s judgment and sentence for second-degree murder. However, as this court did in Haygood v. *1188 State, 54 So.3d 1035 (Fla. 2d DCA 2011), we certify the following question to the Florida Supreme Court to be of great public importance:
IF A JURY RETURNS A VERDICT FINDING A DEFENDANT GUILTY OF SECOND-DEGREE MURDER IN A CASE WHERE THE EVIDENCE DOES NOT SUPPORT A THEORY OF CULPABLE NEGLIGENCE, DOES A TRIAL COURT COMMIT FUNDAMENTAL ERROR BY GIVING A FLAWED MANSLAUGHTER BY ACT INSTRUCTION WHEN IT ALSO GIVES AN INSTRUCTION ON MANSLAUGHTER BY CULPABLE NEGLIGENCE?
Affirmed; question certified.
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McNealy v. State, 67 So. 3d 1187, 2011 Fla. App. LEXIS 13056, 2011 WL 3629373 (Fla. Ct. App. 2011).
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