Logourl black
From our private database of 14,100+ case briefs...

Gilbert v. State

Florida District Court of Appeal
487 So. 2d 1185 (1986)


Facts

Roswell Gilbert (defendant), aged 75, and his wife, Emily Gilbert, lived together in a Florida condominium and had been married for 51 years. Emily suffered from severe osteoporosis and Alzheimer’s Disease, and was in constant pain. At trial, witnesses testified that Emily’s condition deteriorated over the years, and they had seen her crying and looking very ill. In one instance, a witness had overheard Emily tell her husband that she was so sick that she wanted to die. Roswell testified that Emily lost her memory over time and become increasingly dependent upon him. On March 3, Roswell took Emily to the hospital, but she became upset and said she wanted to go home. Roswell took her home. The next day, the couple went out to lunch as they usually did, after which Roswell put Emily on the couch and administered her pain medication. Still in pain, Emily said, “Please, somebody help me.” At trial, Roswell explained that he knew he had to be the one to help his wife and that he did so by shooting her in the head with a gun twice. Roswell said that he wanted to end her suffering and did not care about the consequences for himself. The jury found Roswell guilty of premeditated first-degree murder, and he was sentenced to life in prison. Pursuant to § 775.082 of the Florida Statutes, the mandatory minimum sentence for first-degree murder was 25 years. As a result, Roswell would be ineligible for parole until at least age 100. Roswell appealed his sentence.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Walden, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

Concurrence (Glickstein, J.)

The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion.

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 221,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.