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CASES

By Jeffrey Ivashuk

Criminal law -- Attempted premeditated murder -- Aggravated battery with deadly weapon -- Separate charges based on single stabbing of victim -- Jury instructions -- Self-defense -- Forcible felony exception -- It is error for trial court to read forcible-felony instruction to jury where defendant is not charged with independent forcible felony -- Erroneous reading of this instruction constitutes fundamental error only when it deprives defendant of a fair trial -- District court properly concluded that fundamental error did not occur during defendant's trial -- Erroneous instruction did not deprive defendant of fair trial in view of fact that self-defense was not the only strategy pursued by defendant and defendant's claim of self-defense was extremely weak     Reported at 33 Fla...continue to full post

Full post as published by JAABlog on February 22, 2008 (boomark / email).