CopyCited 159 times | Published | Court of Appeals for the Eleventh Circuit | 2012 U.S. App. LEXIS 4114, 2012 WL 630204
...[3] As to "excusable" homicide, the Florida trial court instructed that "[t]he killing of a human being is excusable. . . . [w]hen the killing occurs by accident and misfortune in the heat of passion upon any sudden and sufficient provocation." See Fla. Stat. § 782.03....
...[3] Florida Statutes §
782.07(1) provides that "[t]he killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification . . . and in cases in which such killing shall not be excusable homicide or murder . . . is manslaughter." [4] Florida Statutes §
782.03 provides: Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any s...
...There is so little, if any, "new reliable" support for either defense theory in the supplemented record that we summarily reject this claim without discussion. In addition, we note that Rozzelle does not appear to claim that his homicide was "excusable" and wholly lawful under Florida Statutes § 782.03; to the extent Rozzelle does, we summarily reject that claim too for lack of "new reliable" evidence....
CopyCited 126 times | Published | Supreme Court of Florida | 1990 WL 252114
...Before addressing the certified questions, we note that the Florida Standard Jury Instructions in Criminal Cases includes two definitions of excusable homicide. The short form is part of the Introduction to Homicide, which is to be read in all homicide cases. This instruction reads as follows: EXCUSABLE HOMICIDE F.S. 782.03 The killing of a human being is excusable, and therefore lawful, when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or by accident or misfortune in...
...Following the Introduction to Homicide, there is a note in the standard jury instructions that directs the judge to the long-form instruction on excusable homicide if that defense is an issue. The long-form standard jury instruction reads as follows: EXCUSABLE HOMICIDE F.S. 782.03 An issue in this case is whether the killing of (victim) was excusable....
...at 787. Accord Bowes v. State,
500 So.2d 290 (Fla. 3d DCA 1986), review denied,
506 So.2d 1043 (Fla. 1987). Ironically, the short-form standard jury instruction on excusable homicide expressly tracks the definition of excusable homicide contained in section
782.03 of the Florida Statutes (1987)....
...To preclude the possibility that a jury could have a contrary understanding, we amend the short-form instruction. [2] Thus, the short form of the jury instruction on excusable homicide found on page 61 of the Standard Jury Instructions shall now read: EXCUSABLE HOMICIDE F.S. 782.03 The killing of a human being is excusable, and therefore lawful, under the following circumstances: 1....
...ing is not excusable," also to refer to the description contained in subheads 1 and 2. Therefore, we hereby amend the long-form instruction on excusable homicide that appears on page 76 of the Standard Jury Instructions to read: EXCUSABLE HOMICIDE F.S. 782.03 An issue in this case is whether the killing of (victim) was excusable....
CopyCited 75 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230
...The committee suggests that its recommended instruction replace both the current short- and long-form instructions and that the new instruction not be given where there is no basis for it in the evidence. We respectfully disagree with the committee's recommendation on this subject. Section 782.03, Florida Statutes (1991), reads as follows: 782.03 Excusable homicide....
...782.02 The killing of a human being is justifiable homicide and lawful if necessarily done while resisting an attempt to murder or commit a felony upon the defendant, or to commit a felony in any dwelling house in which the defendant was at the time of the killing. EXCUSABLE HOMICIDE F.S. 782.03 The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances: 1....
CopyCited 50 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 8135, 1989 WL 52954
...without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner. Fla.Stat.Ann. § 782.03 (West 1976)....
CopyCited 39 times | Published | Supreme Court of Florida | 2005 WL 425408
...The killing of a human being is justifiable homicide and lawful if necessarily done while resisting an attempt to murder or commit a felony upon the defendant, or to commit a felony in any dwelling house in which the defendant was at the time of the killing. Excusable Homicide § 782.03, Fla....
CopyCited 36 times | Published | Supreme Court of Florida | 1994 WL 113407
...Upon being questioned by the State, Dudley indicated that he understood that no one could automatically be sentenced to death and that he must look at all evidence and follow the judge's instruction on mitigating and aggravating circumstances in considering the proper punishment. [7] Section 782.03, Florida Statutes (1991), provides: Excusable homicide....
CopyCited 27 times | Published | Supreme Court of Florida
...hould be applied. This conclusion does not require the use of the shibboleths, malum prohibition and malum per se. The statute itself provides far surer guideposts. It is clear from reading the provisions of Section
782.02, justifiable homicide, and Section
782.03, excusable homicide, *282 to which one is lead by the definition of manslaughter in Section
782.07 that every act causally connected with the killing of a human being is not punished by the homicide chapter, and more specifically, not by the general manslaughter statute....
CopyCited 27 times | Published | Supreme Court of Florida
...with the remainder of chapter 782, they are sufficiently precise to meet the constitutional standard for definiteness in penal statutes. Homicides committed while resisting another's unlawful act are punishable only if not excusable, as provided in section
782.03, Florida Statutes (1975), or if not justifiable, as provided in section
782.02 or chapter 776, Florida Statutes (1975)....
CopyCited 26 times | Published | Florida 2nd District Court of Appeal | 1997 WL 386112
...g into account the way it is used, is likely to produce death or great bodily harm." [2] Fla. Std. Jury Instr. (Crim.) 142. The concept of a "dangerous weapon," as so defined, has existed in Florida's criminal law for well over a century. See, e.g., § 782.03, Fla....
CopyCited 21 times | Published | Supreme Court of Florida
...with the remainder of chapter 782, they are sufficiently precise to meet the constitutional standard for definiteness in penal statutes. Homicides committed while resisting another's unlawful act are punishable only if not excusable, as provided in section
782.03, Florida Statutes (1975), or if not justifiable, as provided in section
782.02 or chapter 776, Florida Statutes (1975)....
CopyCited 18 times | Published | Florida 2nd District Court of Appeal | 2007 WL 750523
...A trial court should not grant a judgment of acquittal "`unless the evidence is such that no view which the jury may lawfully take of it favorable to the opposite party can be sustained under the law.'" Id. (quoting Lynch v. State,
293 So.2d 44, 45 (Fla. 1974)). Section
782.03, Florida Statutes (1999), provides: Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in...
CopyCited 16 times | Published | Florida 5th District Court of Appeal
...sible into evidence the State must first prove the corpus delicti of the crime by independent prima facie evidence. Because the shooting or even killing of another person may be justifiable ( see §
782.02 and ch. 776, Fla. Stat.) or excusable ( see §
782.03, Fla....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31322780
...The killing of a human being is justifiable homicide and lawful if necessarily done while resisting an attempt to murder or commit a felony upon the defendant, or to commit a felony in any dwelling house in which the defendant was at the time of the killing. EXCUSABLE HOMICIDE § 782.03, Fla....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 1988 WL 27734
...y caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner. § 782.03, Fla....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2001 WL 630488
...al judge then defined "culpable negligence" as it is defined in the standard jury instruction for manslaughter. See Fla. Std. Jury Instr. (Crim.) 101. The jury instructions did not include any reference to or explanation of "excusable homicide." See § 782.03, Fla....
CopyCited 11 times | Published | Supreme Court of Florida | 1990 WL 191713
...Tell me what I'm arrested for." When informed that he was arrested for the murder of Michael Gordon, he replied, "That was not a murder. That was more like a fight." [7] In the introduction to homicide on page 61, the standard jury instructions contain the following definition of excusable homicide which is taken from section 782.03, Florida Statutes (1989): The killing of a human being is excusable, and therefore lawful, when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, o...
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 2348894, 2013 U.S. App. LEXIS 10903
...a disorder in the Diagnostic and
4
A homicide is excusable under Florida law when, among other things, it is committed
“by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation.”
Fla. Stat. § 782.03.
7
Case: 12-11044 Date Filed: 05/30/2013 Page: 8 of 42
Statistical Manual of Mental Disorders, which is the authoritative diagnostic source
for psychiatrists and psychologists....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 48
...Bowes contends on appeal that the instruction given by the trial court could have misled the jury to believe that excusable homicide was not an available defense if dangerous weapons had been used. We agree. Bowes was entitled to rely on the defense of excusable homicide upon proof of any one of the three criteria in section 782.03, Florida Statutes (1985)....
...This restriction, however, is statutorily limited to sections
776.012 and
776.031 and to cases in which the defendant is involved in a forcible felony. We decline to extend section *292
776.041 to restrict a defendant from asserting excusable homicide, pursuant to section
782.03, Florida Statutes (1985), as a defense to a third-degree non-forcible felony murder....
...The prosecution theory was felony murder, with robbery during a drug rip-off as the underlying felony. Homicides occurring under these circumstances are rarely excusable. There was no confusion on the part of the jury. See generally Lacy v. State,
387 So.2d 561 (Fla.4th DCA 1980). I would therefore affirm. NOTES [1] Section
782.03 provides: Excusable homicide....
CopyCited 11 times | Published | Supreme Court of Florida
...[his] [her] employment. The court now instructs you that (official title of victim) is [an officer] [a firefighter] [an emergency medical technician] [a paramedic]. Definitions. Give if applicable. "Child" means any person under the age of 18 years. § 782.03, Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2003 WL 825132
...o support the defense. The State's only argument is that the standard jury instruction is sufficient. The State's argument is without merit. The standard jury instructions contain the term "heat of passion" only once. The instruction [1] is based on section 782.03, Florida Statutes, which defines excusable homicide, and the term "heat of passion" itself is not defined in the instruction....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2001 WL 38007
...y caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner. § 782.03, Fla.Stat....
...2d DCA 1985)(medical examiner's testimony that defendant's "boot stomp" was probable cause of death held sufficient to support jury's verdict of manslaughter). As to the second question, the statutory definition of excusable homicide delineates the instances where conviction for manslaughter would be unjust. See § 782.03, Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...ve been given in an abundance of caution whether requested or not. The judgment and 20 year prison sentence appealed from, therefore, should be, and they are, reversed and a new trial awarded. Reversed. PIERCE, C.J., and LILES, J., concur. NOTES [1] § 782.03, F.S.A....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2006 WL 305432
...It is less clear what Mr. Storer intends to argue, but under the law he is entitled to argue that the death was an excusable homicide, i.e., that the death occurred by accident and misfortune in the heat of passion, upon sudden and sufficient provocation. See § 782.03, Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
..."`The legal term for killing a [human being], whether lawfully or unlawfully, is "homicide." There is no crime of "homicide."'" Black's Law Dictionary 751 (8th ed.2004) (quoting Glanville Williams, Textbook of Criminal Law 204 (1978)). The existence of the legal categories of excusable homicide, see § 782.03, Fla....
...Indeed, a noncriminal homicide is noncriminal ordinarily because it is accidental. The human agency that precipitates the killing of a human being may be exercised by accident. "[B]y accident" is a central element in the definition of excusable homicide. § 782.03....
CopyCited 8 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 26378
...interview potential witnesses. Hobbs did not acquire a copy of the autopsy report, nor did he depose the medical examiner or the arresting officer. The magistrate also noted that Hobbs’ theory of excusable homicide was precluded by Florida Statute § 782.03 which defines excusable homicide as homicide “without any dangerous weapon being used.” Excusable homicide was therefore implausible because all agreed that Weidner had a gun....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1995 WL 443862
...Against this factual scenario, we first consider the appellant's interrelated contentions that the trial court erred in denying her motion for judgment of acquittal because the evidence established, as a matter of law, excusable homicide as well as a lack of criminal causation. Section 782.03, Florida Statutes (1991), as applied to the facts of this case, provides that "[h]omicide is excusable when committed by accident and misfortune ......
...The first instruction constituted a restatement, in different words, of the law of excusable homicide which the trial court adequately covered in the instructions to the jury. As the record reflects, the trial court fully explained to the jury the definition of excusable homicide under section 782.03, and further advised them that the appellant could not be found guilty of manslaughter if the killing was excusable homicide as that term had been defined....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...Appeal from the judgment of conviction was filed, based upon three points. Asserted by defendant under his first appeal point is error by the trial judge through his failure to have given an instruction to the jury defining excusable homicide or murder as prescribed by section 782.03, Florida Statutes, F.S.A....
...We cannot say that defendant, by the described conduct was proceeding in conformity to the statutory provision defining homicide as being excusable "* * * when committed by accident or misfortune * * in doing any other lawful act by lawful means, with usual ordinary caution, and without any unlawful intent * * *". Section 782.03, Florida Statutes, F.S.A....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2002 WL 31777769
...d his wife in the heat of passion. The defense of "heat of passion" is well established in Florida. It can be a complete defense if the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation. See § 782.03, Fla....
CopyCited 7 times | Published | Supreme Court of Florida | 152 Fla. 147, 1942 Fla. LEXIS 723
...(Section
782.07), Florida Statutes, 1941), denouncing “The killing of a human *151 being by the act ... of another, in cases where such killing shall not be . . . excusable homicide . . .” and a comparison of it with Section 7136, C.G.L., 1927, Section
782.03, Florida Statutes, 1941), defining “excusable homicide” lead to the inescapable conclusion that the essential elements of the former were proven and that none of the ingredients of excusable homicide, as defined in the latter, could be deduced from the testimony which the jury heard....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...State,
193 So.2d 679 (Fla. 4th DCA 1966), cert. denied,
193 So.2d 679 (Fla. 1967); and Sharp v. State,
120 So.2d 206 (Fla. 2d DCA 1960), we fail to find the establishment of culpable negligence beyond a reasonable doubt. Homicide is excusable according to section
782.03, Florida Statutes (1981), when committed by accident, in the heat of passion, upon any sudden provocation....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1989 WL 24040
...caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner." § 782.03, Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...which resulted from the impact. *643 Under Sec.
782.07, Fla. Stat. (1981), [4] a killing is not manslaughter if it involves an "excusable homicide." That is the case here. Dawson's unfortunate death was clearly one which occurred, as defined in Sec.
782.03, Fla....
...ound that the defendants placed their hands on deceased and that both defendants were drunk, disorderly and cursed deceased in the presence of his wife. * * * * * * It is clear from reading the provisions of Section
782.02, justifiable homicide, and Section
782.03, excusable homicide, to which one is lead by the definition of manslaughter in Section
782.07 that every act causally connected with the killing of a human being is not punished by the homicide chapter, and more specifically, not by the general manslaughter statute....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 20 Fla. L. Weekly Fed. D 2528
...Witte, 406 S.W.2d 145, 149 (Ky. 1966). Accord Huff v. Union Fidelity Life Ins. Co., 14 Ohio App.3d 135, 14 OBR 151, 470 N.E.2d 236, 239 (1984); State ex rel. Miller v. Sencindiver, 166 W. Va. 355, 275 S.E.2d 10 (1980). Accidental killings may be excusable. § 782.03, Fla....
...y caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner. § 782.03, Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...Nonetheless, the trial court overruled Colon's objection and declined to make the requested revision. The jury found Colon guilty of committing manslaughter with a firearm, and the court sentenced him to fifteen years in prison. This appeal ensued. Section 782.03, Florida Statutes (1981), defines excusable homicide as follows: Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner. (Emphasis supplied.) Section 782.03 permits a defendant to rely on the defense of excusable homicide upon proof of only one of the three criteria of the statute....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...attempted voluntary manslaughter. See Sachs, Is Attempt To Commit Voluntary Manslaughter A Possible Crime?, 71 Ill.B.J. 166 (1982). [5] If an accidental death occurs "in the heat of passion," the killing in most circumstances is excusable homicide. § 782.03, Fla. Stat. (1981). [6] If an accidental death occurs "upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner," the killing is excusable homicide. § 782.03, Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1990 WL 41210
...NOTES [1] We discern no conflict with our decision here and that of Bowes v. State,
500 So.2d 290 (Fla. 3d DCA 1986), review denied,
506 So.2d 1043 (Fla. 1987) for two reasons. First, Bowes, convicted of marijuana trafficking, pleaded the defense of excusable homicide, §
782.03, Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 2011 WL 4835655
...When the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or 3. When the killing is committed by accident and misfortune resulting from a sudden combat, if a danger *212 ous weapon is not used and the killing is not done in a cruel or unusual manner. § 782.03, Fla....
...s][her] employment. The court now instructs you that (official title of victim) is [an officer] [a firefighter] [an emergency medical technician] [a paramedic]. Definitions. Give if applicable. “Child” means any person under the age of 18 years. § 782.03, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...The withholding of production to defense counsel of the police report has been settled adversely to defendant in several cases: McAden v. State, 1945,
155 Fla. 523,
21 So.2d 33; State v. Lampp, Fla.App. 1963,
155 So.2d 10; State v. McCall, Fla. App. 1966,
186 So.2d 324. As to the instructions on excusable homicide, F.S. §
782.03, F.S.A....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 2072
...de, as read by the court to the jury, omitted the word "or" between the three elements. The standard jury instruction on excusable homicide states: "Give 1, 2 or 3, as applicable." (Emphasis supplied.) The instruction should have clearly stated that section 782.03, Florida Statutes (1983), [2] permits a defendant *1206 to rely upon the excusable homicide defense upon proof of only one of the three criteria of the statute....
CopyCited 3 times | Published | District Court, S.D. Florida | 14 Wage & Hour Cas.2d (BNA) 82, 2008 U.S. Dist. LEXIS 60757, 2008 WL 2967170
meaning of [the Motor Carrier Act]." 29 C.F.R. § 782.3(b). [13] Plaintiffs urge the Court to follow the
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1988 WL 107045
...Otherwise, we deny the defendant's motion for rehearing. NOTES [1] Garcia was also convicted of the use of a firearm in the commission of the murder. He makes no separate attack on this conviction. [2] Although the evidentiary support for an instruction on excusable homicide, see § 782.03, Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 209, 2010 Fla. LEXIS 476, 2010 WL 1372703
...] [her] employment. The court now instructs you that (official title of victim) is [an officer] [a firefighter] [an emergency medical technician] [a paramedic]. Definitions. Give if applicable. “Child” means any person under the age of 18 years. § 782.03, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1992 WL 73761
...e. We disagree and affirm. Contrary to the defendant's argument, the evidence adduced at trial does not establish, as a matter of law, that the defendant's admitted killing of the deceased was an excusable homicide upon a sudden combat as defined by Section 782.03, Florida Statutes (1989)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1996 WL 124657
...whose life was terminated by the intentional act of another (Ashley told the police she intended to hurt the baby); and 2. which act was not: a. justifiable homicide under either section
782.02, Florida Statutes (1993), or chapter 766, Florida Statutes; b. excusable homicide under section
782.03, Florida Statutes (1993) (accident); c....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 81722
...the killing is not excusable. A "dangerous weapon" is any weapon that, taking into account the manner in which it is used, is likely to produce death or great bodily harm. (Florida Standard Jury Instructions in Criminal Cases, 1981 Edition, 76). [3] Section 782.03, Florida Statutes (1987), defines excusable homicide as one committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the...
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 264115
...y caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner. § 782.03, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...duce death or great bodily harm. (Emphasis added.) See Florida Standard Jury Instructions in Criminal Cases, Excusable Homicide. Appellant maintains that this instruction is ambiguous and confusing. The statute upon which appellant's defense rested, Section 782.03, Florida Statutes (1979), provides: Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful *563 intent, or by accident and misfortun...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1989 WL 112263
...June 22, 1989). Next, we are urged to reverse this case on the grounds that the trial court erred in instructing the jury improperly on excusable homicide. To resolve this particular issue, a recitation of language of the excusable homicide statute, section 782.03, Florida Statutes (1987), and the Standard Jury Instruction on Excusable Homicide is necessary. Section 782.03 provides: Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1990 WL 41534
...The Third District Court of Appeal, in Bowes v. State,
500 So.2d 290 (Fla. 3d DCA 1986), review denied,
506 So.2d 1043 (Fla. 1987), held: Bowes was entitled to rely on the defense of excusable homicide upon proof of any one of the three criteria in section
782.03, Florida Statutes (1985)....
...1987), the district court concluded that including the disjunctive word "or," between the three elements of the introductory instruction, did not cure the error created by the trial court's failure to mention that defendant could be excused upon a finding of one of the three criteria set forth in section 782.03, Florida Statutes (1983)....
CopyPublished | Florida 4th District Court of Appeal | 2008 WL 4330272
...Lucas,
645 So.2d 425 (Fla.1994) (failure to include an instruction on excusable homicide as part of a manslaughter instruction is fundamental error which can be raised for the first time on appeal). The instruction for excusable homicide, which is based on section
782.03, Florida Statutes, is contained in Florida Standard Jury Instruction (Crim.) 7.1: The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances: 1....
CopyPublished | Florida 2nd District Court of Appeal
...evidence demonstrated that the offense was committed "in the heat of passion" while
Mr. Brady tried to kill himself. The State sees no error because, in its view, Mr. Brady
conceded that the attempted murder was neither justifiable nor excusable.
Section 782.03, Florida Statutes (2015), defines excusable homicide as
follows:
-2-
Homicide is excusable when committed by accident and
misfortune in doing any lawful act by la...
CopyPublished | Florida 4th District Court of Appeal
...Diamond, Asst. Atty. Gen., West Palm Beach, for appellee. COWART, JOE A., Jr., Associate Judge. In reinstructing the jury at their request, the trial judge defined manslaughter (F.S. Section
782.07, F.S.A.), but failed to define excusable homicide (F.S. Section
782.03, F.S.A.), and refused to repeat a substitute "accidental" instruction requested by defense counsel....
CopyPublished | Supreme Court of Florida
...provocation, or
3. When the killing is committed by accident and misfortune
resulting from a sudden combat, if a dangerous weapon is
not used and the killing is not done in a cruel or unusual
manner.
§ 782.03, Fla....
...The court now instructs you that
(official title of victim) is [an officer] [a firefighter] [an
emergency medical technician] [a paramedic].
Definitions. Give if applicable.
“Child” means any person under the age of 18 years.
§782.03, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2014 WL 3511138, 2014 Fla. App. LEXIS 10901
...782.02
The killing of a human being is justifiable and lawful if necessarily
done while resisting an attempt to murder or commit a felony upon the
defendant, or to commit a felony in any dwelling house in which the
defendant was at the time of the killing.
EXCUSABLE HOMICIDE
F.S. 782.03
The killing of a human being is excusable, and therefore lawful, under
any one of the following three circumstances:
1....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jan 24, 2023
...qualifies as excusable homicide when it was committed “by
accident and misfortune,” with “sudden and sufficient
provocation,” or “upon a sudden combat,” without “any dangerous
weapon being used.” Fla. Stat. § 782.03....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 6, 2024
...Buselli argued the district court must also instruct the
jury on the Florida defenses to murder, which are excusable
homicide, justifiable homicide, and a killing by the justifiable use
of deadly force. See Fla. Stat. §§
782.02,
782.03,
776.012....
...against the defendant. See Fla. Std. Jury Instr. (Crim) 7.1; Fla. Stat
§
782.02. By contrast, excusable homicide applies only to
accidental killings or killings by misfortune. See Fla. Std. Jury Instr.
(Crim) 7.1; Fla. Stat. §
782.03.
There was no evidence presented at trial that Buselli sought
Colon or “Paul” to kill Bradley in an effort to defend Buselli herself
from an attempted murder or from a forcible felony by Bradley, or...
CopyPublished | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 373, 1991 WL 4327
...se and remand for a new trial on the homicide count. See also State v. Smith,
573 So.2d 306 (Fla.1990). At Radillo’s initial trial in 1989, he defended (insofar as pertinent here) on the ground that the homicide was excusable within the meaning of section
782.03, Flor *636 ida Statutes (1987)....
...is appeal that, as was stated in Bowes , “the instruction given by the trial court could have misled the jury to believe that excusable homicide was not an available defense if dangerous weapons had been used.”
500 So.2d at 291 . We agree. Under section
782.03, Florida Statutes, there are three distinct methods by which a homicide may be deemed excusable. A defendant may prevail under section
782.03 if the proof shows any one of the three statutory criteria have been met....
...ot a claimed defense and might mislead the jury.”
500 So.2d at 291 . There, as here, the request was refused. On appeal this court held: Bowes was entitled to rely on the defense of excusable homicide upon proof of any one of the three criteria in section
782.03, Florida Statutes (1985)....
...Both the short and long form excusable homicide instructions were substantially revised on December 20, 1990, in State v. Smith,
573 So.2d at 310-313, in order to correct the problem illustrated by the present case. . See supra note 2. . The 1989 long form instruction provided: EXCUSABLE HOMICIDE F.S.
782.03 An issue in this case is whether the killing of (victim) was excusable....
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 1042
...y caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner. § 782.03, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...§
782.07(1).3
As to “excusable” homicide, the Florida trial court instructed that “[t]he
killing of a human being is excusable . . . . [w]hen the killing occurs by accident
and misfortune in the heat of passion upon any sudden and sufficient
provocation.” See Fla. Stat. §
782.03.4
The jury convicted Rozzelle of second-degree murder....
...of a human being by the act,
procurement, or culpable negligence of another, without lawful justification . . . and in cases in
which such killing shall not be excusable homicide or murder . . . is manslaughter.”
4
Florida Statutes § 782.03 provides:
Homicide is excusable when committed by accident and misfortune in doing any
lawful act by lawful means with usual ordinary caution, and without any unlawful
intent, or by accident and misfortune in the heat o...
...There is so little, if any, “new reliable” support
for either defense theory in the supplemented record that we summarily reject this claim without
discussion. In addition, we note that Rozzelle does not appear to claim that his homicide was
“excusable” and wholly lawful under Florida Statutes § 782.03; to the extent Rozzelle does, we
summarily reject that claim too for lack of “new reliable” evidence.
27
exceedingly narrow in scope, as it concerns a petitioner’s ‘actual’ innocenc...
CopyPublished | Florida 4th District Court of Appeal | 2006 WL 3780742
...At the time of the shooting, Meyers was no threat to appellant. We also reject appellant's claim that the trial court erred in denying her motion for judgment of acquittal because the evidence "showed that Meyers was shot by accident and misfortune," so that the homicide was excusable under section 782.03, Florida Statutes (2004)....
