In Re Standard Jury Instructions in Criminal Cases-Report No. 2012-05

Summary

The Court authorized publication and use of the proposed new and amended criminal jury instructions, except that it declined to authorize instruction 11.1 because the proposal lacked supporting legal authority for several defense-related statements and improperly listed battery in two lesser-included-offense categories. The Court also amended instruction 8.7(d) to track the statutory language more closely by replacing an inaccurate reference to "lewd or lascivious" conduct with references to sexual battery, section 800.04, and section 847.0135(5). The Court stated that its authorization does not resolve the legal correctness or applicability of the instructions.