In re Standard Jury Instructions in Criminal Cases—Instruction in Manslaughter Cases

Summary

The Florida Supreme Court authorized publication of a modified comment to Florida Standard Jury Instruction (Criminal) 7.7, “Manslaughter.” The comment directs trial judges to study Eversley v. State when causation is at issue, and the appendix sets out the amended manslaughter instruction.

Holdings

1. The Supreme Court of Florida authorized publication of Florida Standard Jury Instruction (Criminal) 7.7, Manslaughter, as modified by the Court.
2. The amended manslaughter instruction became effective on the date the opinion became final.
3. In a manslaughter case in which causation is an issue, trial judges should carefully study Eversley v. State to determine whether a special jury instruction on causation is needed.

Questions Presented

1. Whether the Supreme Court of Florida should authorize publication of the proposed amendment to Florida Standard Jury Instruction (Criminal) 7.7, Manslaughter.
2. When should trial judges consider a special causation instruction in a manslaughter case?

Disposition

approved