Arnold Jerome Knight v. State of Florida

Summary

The court approved the affirmance of Knight's attempted second-degree murder conviction, holding that an unobjected-to erroneous instruction on a lesser included offense did not constitute fundamental error. It receded from the jury pardon doctrine and held that, when the instruction for the offense of conviction is correct and the evidence supports that offense, the defendant has no fundamental right to an instruction facilitating partial jury nullification. The court did not reach the alternative waiver issue.