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District Court of Appeal of Florida


Murray v. State of Florida, 4D05-3691

A conviction for aggravated battery is reversed where the law did not require defendant to prove his justification of self-defense to any standard measuring an assurance of truth, and, under the instructions given in the case, it was possible for the jury to have had reasonable doubts about his justification of self-defense but still found him guilty because he did not prove those additional facts beyond a reasonable doubt.

Appellate Information

  • Decided 09/13/2006
  • Published 09/13/2006

Judges

  • FARMER, J.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Carey Haughwout, Public Defender, and Patrick B. Burke, Assistant Public Defender, West Palm Beach, for appellant.

  • For Appellees:
  • Charles J. Crist, Jr., Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.
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