Proposed jury instruction amendments November 1, 2002 Regular News Proposed jury instruction amendments The Supreme Court Committee on Standard Jury Instructions in Criminal Cases invites comment on the proposed changes shown below. After reviewing comments received in response to this publication, the committee will make its final proposal to the Florida Supreme Court. Please submit all comments to Judge Philip J. Padovano, Chair, First District Court Of Appeal, 301 South Martin Luther King, Jr. Blvd., Tallahassee 32399-1850. Your comments must be received by November 29 to ensure that they are considered by the committee. Note: The language to be removed was adopted in March 1989 in response to a 1987 amendment to §776.05. See Chapter 87-147, Laws of Florida. A 1988 amendment, however, was overlooked. See Chapter 88-381, §54, Laws of Florida. That amendment shows that the language stricken below applies only to civil actions. 3.6(h) JUSTIFIABLE USE OF FORCE BY LAW ENFORCEMENT OFFICER In making an arrest of a felon § 776.05, Fla.Stat. Give if applicable A law enforcement officer, or any person [he] [she] has summoned or directed to assist [him] [her], need not retreat from or stop efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force that [he] [she] reasonably believes necessary to defend [himself] [herself] or another from bodily harm while making the arrest. That force is also justifiable when necessarily used 1. in retaking a felon who has escaped or 2. in arresting a felon who is fleeing from justice. Force in making unlawful arrest prohibited § 776.051(2), Fla.Stat. Use of any force by a law enforcement officer or any person summoned or directed to assist the law enforcement officer is not justified if Give if applicable 1. the arrest is unlawful and 2. it is known by the officer or the person assisting [him] [her] to be unlawful. In making an arrest of a fleeing felon . Give 1 or 2 as applicable . Define felon In arresting a felon who is fleeing from justice, an officer is justified in the use of any force if 1. the officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or 2. the officer reasonably believes that the fleeing felon has committed a crime involving the infliction or the threatened infliction of serious physical harm to another person. To prevent escape from custody § 776.07(1), Fla.Stat. Give if applicable A law enforcement officer or other person who has an arrested person in [his] [her] custody is justified in the use of any force that [he] [she] reasonably believes to be necessary to prevent the escape of the arrested person from custody. To prevent escape from penal institution § 776.07(2), Fla.Stat. Give if applicable A guard or other law enforcement officer is justified in the use of any force that [he] [she] reasonably believes to be necessary to prevent an escape from a penal institution of a person the officer reasonably believes is lawfully detained. Give if applicable “Deadly force” includes, but is not limited to 1. firing a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and § 776.06(1)(a), Fla.Stat. 2. firing a firearm at a vehicle in which the person to be arrested is riding. §776.06(1)(b), Fla.Stat. Definition; give if applicable A “firearm” is legally defined as (adapt from § 790.001(6), Fla.Stat., as required by allegations) . Comment This instruction was adopted in 1981 and was amended March 1989. The Florida Supreme Court Committee on Standard Jury Instructions (Criminal) has filed a Revised Supplemental Report (No. 2002-1) with the Supreme Court. In response to this court’s request in Gross v. State, 765 So. 2d 39 (Fla. 2000), the committee proposes a new definition of “enterprise” to replace the existing definition of that term in the Florida Standard Jury Instructions in Criminal Cases. The court invites all interested persons to comment on the committee’s proposed amendments, which are summarized below, as well as online at www.flcourts.org/sct/sctdocs/proposed.html. An original and nine copies of all comments must be filed with the court on or before December 2, with a certificate of service verifying that a copy has been served on the committee chair, Judge Philip J. Padovano, First District Court of Appeal, 301 Martin Luther King, Jr. Blvd., Tallahassee 32399-1850, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument which may be scheduled in this case. All comments must be filed in paper format and in WordPerfect 5.1 (or higher) format on a DOS formatted 3-1/2 inch diskette. IN THE SUPREME COURT OF FLORIDA STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES – SUBMISSION 2002-1, CASE NO. SC02-657 The committee proposes the following definition of “enterprise” to replace the existing definition of that term in the Florida Standard Jury Instructions in Criminal Cases 26.2 RICO — Use or Investment of Proceeds From Pattern of Racketeering Activity, 26.3 RICO — Use or Investment of Proceeds From Collection of Unlawful Debt, 26.4 RICO — Acquisition or Maintenance Through Pattern of Racketeering Activity, 26.5 RICO — Acquisition or Maintenance Through Collection of Unlawful Debt, 26.6 RICO — Conduct of or Participation in an Enterprise Through Collection of Unlawful Debt, 26.7 RICO — Conduct of or Participation in an Enterprise Through Pattern of Racketeering Activity, and 26.8 RICO — Conspiracy to Engage in Pattern of Racketeering Activity:An “enterprise” is an ongoing organization, formal or informal, t hat both functions as a continuing unit and has a common purpose of engaging in a course of conduct.The committee also proposes the following amendment to each of the identical comments to Florida Standard Jury Instructions in Criminal Cases 26.2, 26.3, 26.4, 26.5, 26.6, 26.7, and 26.8: Comment This instruction was adopted in 1989 and amended in 2002. The definition of the term “enterprise” in this instruction is from the supreme court’s opinion in Gross v. State, 765 So. 2d 39 (Fla. 2000). As to the issue of whether an individual can be an enterprise, see State v. Nishi, 521 So. 2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So. 2d 798 (Fla. 1st DCA 1983).
Thomas Meunier appears desinted to leave Paris Saint-Germain at the end of the season (Picture: Getty)‘It would annoy me a little if it ends like that, without having the opportunity to finish beautifully. AdvertisementAdvertisement‘It’s true, I had a rough season, but a title is still a title and I am very happy. You know, even if I only took part in four or five matches in 2019, my stats, offensive and defensive, are among the best in the PSG defence alongside Bernat’s’.More: Manchester United FCRio Ferdinand urges Ole Gunnar Solskjaer to drop Manchester United starNew Manchester United signing Facundo Pellistri responds to Edinson Cavani praiseEx-Man Utd coach blasts Ed Woodward for two key transfer errorsBorussia Dortmund, according to Le Parisien, are the most serious rivals to Jose Mourinho’s side. The Spurs boss reportedly contacted Meunier last month in a bid to persuade the versatile defender to join him in north London.Mourinho is anticipating working with a severely limited transfer budget when the window opens and could be restricted to making loan signings and scouring the market for free agents. MORE: John Terry reveals what he messaged team-mates after Chelsea appointed Jose MourinhoMORE: John Terry reveals Chelsea squad were in on Jose Mourinho’s plans to flout UEFA suspension by hiding in a skipFollow Metro Sport across our social channels, on Facebook, Twitter and Instagram.For more stories like this, check our sport page. Comment Jose Mourinho in pole position to sign Arsenal and Man Utd transfer target Thomas Meunier Advertisement Advertisement Metro Sport ReporterThursday 7 May 2020 12:13 amShare this article via facebookShare this article via twitterShare this article via messengerShare this with Share this article via emailShare this article via flipboardCopy link376Shares Jose Mourinho reportedly contacted Thomas Meunier directly in a bid to convince him to join Spurs (Picture: Getty)Tottenham are leading the race to sign Paris Saint-Germain contract rebel Thomas Meunier.The experienced Belgium international is out of contract this summer and is destined to leave on a free transfer. Unai Emery was reported to have earmarked his former PSG charge as a primary target for Arsenal last summer, while Manchester United were considering the 28-year-old as a potential alternative to Aaron Wan-Bissaka. Meunier, however, decided to remain in the French capital and fight for his place, but he has fallen down Thomas Tuchel’s pecking order and is ready to seek a new challenge. ADVERTISEMENT‘The discussions with management are hanging around a bit. I can understand because of the deadlines of the team that my personal case was put in the fridge, but since then nothing has happened, the message seems clear enough,’ Meunier said last month outlining his frustration at a lack of movement over contract negotiations.
Press Trust Of India WATCH US LIVE World champion Marc Marquez secured his 11th victory of the season at the Australian MotoGP after disaster struck fellow Spaniard Maverick Vinales, who crashed on the last lap. The Monster Energy Yamaha rider had dominated all weekend at Phillip Island and was leading for much of the race until Repsol Honda’s Marquez darted past in the dying stages. In desperate bid to retake the lead, Vinales pushed too hard and skidded out to hand his gifted rival, who clinched his sixth MotoGP world title in Thailand this month, a fifth win in a row. Britain’s Cal Crutchlow, who suffered career-threatening injuries at Phillip Island last year, came second on his LCR-Honda with Australian Jack Miller third on a Ducati. Italian veteran Valentino Rossi, racing in an amazing 400th Grand Prix, was eighth. First Published: 27th October, 2019 13:53 IST “It was an incredible, incredible victory because today we were not the fastest on the racetrack,” said Marquez, who became Honda’s most successful ever premier class rider with his 55th win surpassing Australian great Mick Doohan. “Maverick was fastest but I was waiting for him… and I did a strong move to pass, it was the only chance for me. “The whole weekend has been crazy,” he added, after qualifying was called off on Saturday due to strong winds and instead run on Sunday morning. Asked about becoming Honda’s most successful ever rider, he said: “They are the biggest manufacturer in the world, so I’m happy and just enjoying the dream.” Written By SUBSCRIBE TO US Last Updated: 27th October, 2019 13:53 IST Marc Marquez Wins Australia MotoGP Thriller As Vinales Crashes World champion Marc Marquez secured his 11th victory of the season at the Australian MotoGP after disaster struck fellow Spaniard Maverick Vinales, who crashed READ | Manika Batra praises PM Modi’s efforts to empower women”Very special”It was a crushing loss for Vinales, who won in Australia last year and started from pole, having reigned supreme through practice and qualifying. He had a terrible start, slipping to sixth as Rossi powered to the lead before and disaster for exciting French rookie Fabio Quartararo in an incident-packed first lap. Quartararo, who was second to Marquez in Japan last weekend, and Danilo Petrucci collided, crashing out at turn two.READ | Tiger Woods widens lead at Zozo ChampionshipIt was a sobering end for the 20-year-old, who was second on the grid after having to go through preliminary qualifying (Q1) for the first time following a nasty spill in Friday practice. By lap four Crutchlow had moved into the lead, but Vinales and Marquez were starting to apply pressure and by lap 10 Vinales was in front with his rival stalking him. They began to put the hammer down and pull clear of the field as it turned into a two-horse race, leaving the rest in a dog fight for third.Marquez was riding on the limit, giving everything he had to stay in touch and finally edged past Vinales at the start of the final lap before the late drama as drops of rain started to fall. Crutchlow was ecstatic about making the podium after the horrors of last year, when he fractured his ankle and had to undergo surgery. “Crashes don’t normally phase me but that one has haunted me all year,” he said after his best result of 2019. “I was not happy coming to this Grand Prix thinking about it, about what could happen, so to have a podium back here is very, very special.” READ | Rowers sparkle with gold in Asian Championship on a Diwali DayREAD | Boxer Deepak wins silver, Balaji claims bronze in Military World Games FOLLOW US COMMENT WE RECOMMEND LIVE TV 10 months ago Marquez keen to atone for chequered Australia history