Kervin v. State

5 Citing cases

  1. Crowell v. State

    279 So. 3d 1263 (Fla. Dist. Ct. App. 2019)

    We review the trial court's decision to give or withhold a proposed jury instruction for an abuse of discretion. Kervin v. State , 195 So. 3d 1181, 1182 (Fla. 1st DCA 2016). Whether an abuse of discretion occurred depends upon: "(1) whether the instruction given accurately states the applicable law; (2) whether the facts in the case support the instruction; and (3) whether the instruction given was necessary to allow the jury to properly resolve all issues in the case."

  2. Carr v. State

    270 So. 3d 508 (Fla. Dist. Ct. App. 2019)

    On appeal, Carr argues that the trial court erred in giving one jury instruction and in refusing to give another. We review trial court's decisions on jury instructions only for an abuse of discretion, Kervin v. State , 195 So.3d 1181, 1182 (Fla. 1st DCA 2016), and we find none here. First, Carr contends that the court was obligated to give a good-faith jury instruction.

  3. Dawson v. State

    268 So. 3d 1018 (Fla. Dist. Ct. App. 2019)

    The trial court did not abuse its discretion in denying the proposed special instruction. SeeKervin v. State , 195 So.3d 1181, 1182 (Fla. 1st DCA 2016) ("We review the trial court's decision to give or withhold a proposed jury instruction for an abuse of discretion."). While Appellant's proposed instruction was supported by the evidence, Appellant failed to establish the standard instruction did not adequately cover his defense.

  4. Lantz v. State

    263 So. 3d 279 (Fla. Dist. Ct. App. 2019)   Cited 5 times

    We review a trial court's decision to give or withhold a jury instruction for an abuse of discretion. Kervin v. State , 195 So.3d 1181, 1182 (Fla. 1st DCA 2016). A portion of the standard jury instruction on premeditated homicide provides:

  5. Thompson v. State

    257 So. 3d 573 (Fla. Dist. Ct. App. 2018)   Cited 7 times
    Holding initial-aggressor instruction was proper where there were two altercations and the victim started the first one, but the defendant started the second one which led to the victim's death

    Finally, Thompson asserts that the trial court erred in refusing to instruct the jury on the justifiable use of non-deadly force and also erred in instructing the jury on the initial aggressor exception to the use of deadly force. We review arguments concerning the giving or withholding of jury instructions for an abuse of discretion. Kervin v. State , 195 So.3d 1181, 1182 (Fla. 1st DCA 2016). When determining whether to give an instruction on deadly or non-deadly force, the trial court should focus on the nature of the force used, not on the weapon itself, because a deadly weapon can be used without deadly force.