Stanley McCloud v. State of Florida, 209 So. 3d 534

Stanley McCloud shot and killed his wife; charged with first-degree murder but convicted of second-degree murder. Jury also instructed on third-degree felony murder and manslaughter (by act and by culpable negligence).
The jury manslaughter-by-act instruction erroneously required a finding of intent to cause death (the error identified in Montgomery).
On the verdict form, third-degree felony murder was listed between second-degree murder and manslaughter, and the Fifth DCA concluded manslaughter was two steps removed from the conviction, applying harmless-error review.
This Court granted review after Haygood and the Court’s contemporaneous Daugherty decision addressed how to determine "steps removed" for manslaughter relative to second-degree murder.
The Supreme Court of Florida disapproved the Fifth DCA’s reasoning (steps based on verdict-form order) but affirmed the conviction because the erroneous manslaughter-by-act instruction was effectively cured: the jury was also properly instructed on two viable, one-step-removed alternatives (third-degree felony murder and manslaughter by culpable negligence) supported by the evidence.

Issue	McCloud's Argument	State's Argument	Held
Whether the erroneous manslaughter-by-act instruction (requiring intent) constituted fundamental error	Erroneous instruction was fundamental and requires relief	Error was harmless because manslaughter was two steps removed (per verdict form)	Instruction was one step removed; error is fundamental (but may be cured by viable alternatives)
How to determine "steps removed" for lesser-included offenses	Steps removed depend on verdict-form order	Verdict-form order can make a lesser offense two steps removed, allowing harmless-error review	Steps removed depend on legal relationship between offenses, not verdict-form layout; manslaughter is next lesser of second-degree murder
Whether the erroneous manslaughter instruction was cured by other instructions	Error not cured absent a reasonable basis for non-intentional homicide conviction	Error cured because jury had other options listed (third-degree felony murder, culpable-negligence manslaughter)	Error was cured here because jury was instructed on two viable, one-step-removed non-intent alternatives supported by evidence
Whether manslaughter by culpable negligence was reasonably supported by the evidence	Manslaughter by culpable negligence supported by McCloud’s statements and conduct	Disputed but argued not supported	Evidence reasonably supported culpable-negligence manslaughter (and attempted aggravated assault as basis for third-degree felony murder)

Montgomery v. State, 39 So. 3d 252 (Fla. 2010) (identified manslaughter-by-act instruction as fundamentally erroneous when it imposes an intent requirement)
Haygood v. State, 109 So. 3d 735 (Fla. 2013) (holding manslaughter-by-culpable-negligence instruction can cure manslaughter-by-act error only if evidence reasonably supports it)
Daugherty v. State, 96 So. 3d 1076 (Fla. 4th DCA 2012) (addressed steps-removed analysis; reviewed by Florida Supreme Court)
Pena v. State, 901 So. 2d 781 (Fla. 2005) (harmless-error approach when erroneous instruction is two or more degrees removed)
Herrington v. State, 538 So. 2d 850 (Fla. 1989) (third-degree felony murder can be a next lesser included offense of second-degree murder in appropriate circumstances)
Green v. State, 475 So. 2d 235 (Fla. 1985) (third-degree felony murder may be a permissive lesser included offense of first-degree murder)
Fulton v. State, 108 So. 2d 473 (Fla. 1959) (manslaughter by culpable negligence determined by facts and circumstances)
Scarborough v. State, 188 So. 2d 877 (Fla. 2d DCA 1966) (same: culpable negligence assessed case-by-case)