Hall v. State
2012 Fla. App. LEXIS 5544
Fla. Dist. Ct. App.2012Background
- Hall convicted of first-degree murder and armed robbery; life sentence for murder and 25-year concurrent term for armed robbery.
- Hall made post-arrest statements admitting shooting; initial claim of accident followed by more detailed confession.
- In Sept 2006, Hall filed pro se Motion to Dismiss Appointed Counsel; no ruling or hearing occurred.
- Appointed counsel continued representation through trial; no preservation of Nelson inquiry issue.
- Hall moved to suppress statements in April 2008; suppression hearing held July 2008; statements admitted at trial.
- Trial in June 2009; jury found felony murder and armed robbery; court denied culpable negligence instruction; conviction and sentence affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of Nelson inquiry after pro se motion | Hall | State | Issue not preserved; no ruling or hearing on motion |
| Instruction on manslaughter by culpable negligence | Hall sought culpable negligence instruction | State opposed/inadequate evidence to support instruction | Trial court erred in denying instruction but error is harmless |
| Harmlessness of culpable negligence instruction error | N/A | N/A | Harmless because armed robbery conviction supports felony murder verdict |
Key Cases Cited
- Nelson v. State, 21A So.2d 256 (Fla. 4th DCA 1973) (establishing Nelson inquiry procedure; adopted by Hardwick v. State)
- Rhodes v. State, 986 So.2d 501 (Fla.2008) (preservation requirements for appellate review)
- LeRetilley v. Harris, 354 So.2d 1213 (Fla. 4th DCA 1978) (preservation requirement and standard of review)
- Sheffield v. State, 769 So.2d 493 (Fla. 4th DCA 2000) (failure to call motion to trial court waives error unless ruled on)
- Bolin v. State, 8 So.3d 428 (Fla. 2d DCA 2009) (instruction must be complete and accurate so as not to mislead)
- Harris v. State, 570 So.2d 397 (Fla. 3d DCA 1990) (instruction on culpable negligence required unless evidence unmistakably supports only intentional act)
- Longval v. State, 914 So.2d 1098 (Fla. 4th DCA 2005) (court cannot weigh evidence when deciding on instructions)
- Pena v. State, 901 So.2d 781 (Fla.2005) (harmless error analysis for lesser-included offenses)