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Questions, questions: Fundamental Error, Again

By Matt Conigliaro, Esq.

In this decision from the Fifth District, the court certified the following to the Florida Supreme Court as a question of great public importance: DOES FUNDAMENTAL ERROR OCCUR WHEN AN ERRONEOUS JURY INSTRUCTION RELATES ONLY TO AN AFFIRMATIVE DEFENSE AND NOT TO AN ESSENTIAL ELEMENT OF THE CRIME? A divided court answered the question in the affirmative. The supreme court is currently addressing a

Full post as published by Abstract Appeal on June 16, 2008 (boomark / email).