McNealy v. State
67 So. 3d 1187, 2011 Fla. App. LEXIS 13056, 2011 WL 3629373
CourtDistrict Court of Appeal of Florida
DecidedAugust 19, 2011
Docket2D09-5869
StatusPublished
Cited by2 cases
This text of 67 So. 3d 1187 (McNealy v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
McNealy v. State, 67 So. 3d 1187, 2011 Fla. App. LEXIS 13056, 2011 WL 3629373 (Fla. Ct. App. 2011).
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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Related
De La Hoz v. Crews
123 So. 3d 101 (District Court of Appeal of Florida, 2013)
Jones v. State
67 So. 3d 1187 (District Court of Appeal of Florida, 2011)
Cite This Page — Counsel Stack
Bluebook (online)
67 So. 3d 1187, 2011 Fla. App. LEXIS 13056, 2011 WL 3629373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcnealy-v-state-fladistctapp-2011.