McInnis v. State of Florida

Summary

The Florida First District Court of Appeal affirmed Anthony Malachi McInnis’s judgment and sentence for first-degree murder and theft. On rehearing, the court substituted a clarified opinion and held that the evidence was sufficient to support a finding of premeditation, including the defendant’s statements, the crime-scene evidence, blood-spatter evidence, and bullet trajectories. The court rejected the remaining appellate challenges concerning the jury instruction and the State’s closing arguments.

Holdings

1. Trial court did not err in denying motion for judgment of acquittal because competent, substantial evidence supported finding of premeditation.

Questions Presented

1. Whether trial court erred in denying motion for judgment of acquittal on first-degree murder charge
2. Whether trial court erred in instructing jury on aggressor portion of standard jury instruction for justifiable use of deadly force
3. Whether trial court erred in overruling objection to State's comments during closing arguments

Disposition

affirmed