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Valverde v. State

District Court of Appeal of Florida, Third District
Sep 23, 2008
991 So. 2d 872 (Fla. Dist. Ct. App. 2008)
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Summary

In Valverde, the court relied on Hunter for a rule that failure to instruct the jury on the burden of proof for self defense is inherently fundamental error, much as Defendant argues here. Although acknowledging that "to prove fundamental error, a defendant must show... that the error prejudiced him," the court in Valverde did not engage in a separate analysis of whether that defendant was prejudiced by that error, as required by Henderson.

Summary of this case from State v. Karr
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Opinion

No. 3D08-2312.

September 23, 2008.

Florida Decisions Without Published Opinions Cert.den.

Summaries of

Valverde v. State

District Court of Appeal of Florida, Third District
Sep 23, 2008
991 So. 2d 872 (Fla. Dist. Ct. App. 2008)

In Valverde, the court relied on Hunter for a rule that failure to instruct the jury on the burden of proof for self defense is inherently fundamental error, much as Defendant argues here. Although acknowledging that "to prove fundamental error, a defendant must show... that the error prejudiced him," the court in Valverde did not engage in a separate analysis of whether that defendant was prejudiced by that error, as required by Henderson.

Summary of this case from State v. Karr
Case details for

Valverde v. State

Case Details

Full title:Valverde v. State

Court:District Court of Appeal of Florida, Third District

Date published: Sep 23, 2008

Citations

991 So. 2d 872 (Fla. Dist. Ct. App. 2008)

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State v. Karr

The court in Hunter held that it was fundamental error to give the additional instruction without further…

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