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The post below was published on Monday, January 31st, 2011 at 7:23 AM.

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Certified Questions, Conflict: Attempted Manslaughter

The district courts are in conflict over whether the standard jury instructions’ use of an intent-to-kill element in an attempted manslaughter instruction constitutes fundamental error. In this decision, the First District held that fundamental error exists, certified conflict, and certified the following to the state supreme court as questions of great public importance:

(1) Does the standard jury instruction on attempted manslaughter constitute fundamental error?
(2) Is attempted manslaughter a viable offense in light of State v. Montgomery, 39 So. 3d 252 (Fla. 2010)?

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