Thomas Daugherty, Petitioner v. State of Florida, Respondent

Summary

The court held that an erroneous manslaughter-by-act instruction constituted fundamental error even though another lesser offense appeared between manslaughter and second-degree murder on the verdict form, because the relevant inquiry depends on the relationship between the offenses rather than their form placement. It also held that the erroneous attempted-voluntary-manslaughter instructions constituted fundamental error because intent was disputed and the instructions concerned offenses one step removed from the attempted-murder convictions. The court quashed the district court's decision and ordered a new trial on all counts. Justice Polston, dissenting, would have approved the district court's decision because he believed no fundamental error occurred.