Clark v. State (1979)

Compare, e.g., Ferguson v. State, 417 So.2d 639, 646 (Fla.1982) ((5)(h) proper when defendant shot victims in head while they were lying on floor with their hands tied behind their backs); Jones v. State, 411 So.2d 165, 169 (Fla.) (per curiam) ((5)(h) proper when defendant shot victim in back of head at point-blank range as victim lay prone on floor pleading to be saved), cert. denied, 459 U.S. 891 , 103 S.Ct. 189 , 74 L.Ed.2d 153 (1982); Palmes v. State, 397 So.2d 648, 650,…

See § 90.608(4), Fla. Stat.; Tullis v. State, 556 So. 2d 1165, 1167 (Fla. 3d DCA 1990) (trial court properly excluded cross examination of witness’s delusions, where delusions were not contemporaneous with the events in question or affecting the witness’s ability to testify at the time of trial); Clark v. State, 379 So. 2d 97, 102 (Fla. 1979) (trial court properly sustained objection to questioning about whether State’s witness had ever been treated by psychiatrist or psycho…

P. 3.150(a) (“Two or more offenses that are triable in the same court may be charged in the same indictment or information in a separate count for each offense, where the offenses ... are based on the same act or transaction or on 2 or more connected acts or transactions.”); Mendyk v. State, 545 So.2d 846, 849 (Fla.1989) (approving consolidation of first-degree murder, kidnapping, and sexual battery charges because the crimes were committed in a continuous episode on a singl…

P. 3.150(a) ("Two or more offenses that are triable in the same court may be charged in the same indictment or information in a separate count for each offense, where the offenses ... are based on the same act or transaction or on 2 or more connected acts or transactions."); Mendyk v. State, 545 So.2d 846, 849 (Fla.1989) (approving consolidation of first-degree murder, kidnapping, and sexual battery charges because the crimes were committed in a continuous episode on a singl…

Clark v. State, 379 So.2d 97, 100 (Fla.1979).

Under this rule, "[a] new trial will not be awarded on the basis of newly discovered evidence unless the evidence was discovered after trial, unless due diligence was exercised to have such evidence at the former trial, unless the evidence goes to the merits of the cause and not merely to impeach a witness who testified, unless the evidence is not cumulative, and unless it is such that it probably would have changed the verdict." Clark v. State, 379 So.2d 97, 101 (Fla. 1979)…

While we recognize that a motion for new trial based on newly discovered evidence is addressed to the sound discretion of the trial court, see Clark v. State, 379 So.2d 97, 101 (Fla.1979), we are compelled to hold that the trial court has abused its discretion in this case.

See, e.g., Mendyk v. State, 545 So.2d 846, 849 (Fla.) (approving consolidation of an indictment for first-degree murder and an information charging two counts of sexual battery and one count of kidnapping, because all the crimes were committed upon a single victim in one continuous episode), cert. denied, ___ U.S. ___, 110 S.Ct. 520 , 107 L.Ed.2d 521 (1989); Johnson v. State, 438 So.2d 774, 778 (Fla. 1983) (where taxicab driver disappeared late on January 8, and two people w…

Oregon v. Elstad, 470 U.S. -, 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985); Johnson v. State, 438 So.2d 774, 778 (Fla.1983), ce rt. denied, — U.S. -, 104 S.Ct. 1329 , 79 L.Ed.2d 724 (1984); Washington v. State, 432 So.2d 44 , 47 (Fla.1983); Barfield v. State, 402 So.2d 377, 380-81 (Fla.1981); Clark v. State, 379 So.2d 97, 103 (Fla.1979), cert. denied, 450 U.S. 936 , 101 S.Ct. 1402 , 67 L.Ed.2d 371 (1981); Lewis v. State,. 411 So.2d 880, 882 (Fla. 3d DCA 1981), review denied, 418 S…

By his motion, Clark was attempting to circumvent Florida Rule of Criminal Procedure 3.210. 379 So.2d at 103 (emphasis added).

See Dobbert v. Strickland, 532 F.Supp. at 555-56 (upholding death penalty despite the striking by Florida Supreme Court of two of four statutory aggravating circumstances found by state trial judge); Ferguson v. State, 417 So.2d 631, 636 (Fla.1982) (negation of one of three statutory aggravating circumstances does not require reversal in absence of mitigating factors); Jacobs v. State, 396 So.2d 1113, 1118-19 (Fla.) (trial court’s incorrect finding of four statutory aggravat…

See Provence v. State, 337 So.2d 783 (Fla.1976), ce rt. denied, 431 U.S. 969 , 97 S.Ct. 2929 , 53 L.Ed.2d 1065 (1977); see also Clark v. State, 379 So.2d 97,104 (Fla.1979), cert. denied, 450 U.S. 936 , 101 S.Ct. 1402 , 67 L.Ed.2d 371 (1981) (recognizing Provence as the first case to deal with this issue).

See Clark v. Dugger, 901 F.2d at 915 (quoting Clark v. State, 379 So.2d 97, 104 (Fla.1979)) (no fundamental miscarriage of justice where there remain several aggravating circumstances to support the imposition of the death penalty).

See Clark v. State, 379 So.2d 97 (Fla.1979), cert. denied, 450 U.S. 936 , 101 S.Ct. 1402 , 67 L.Ed.2d 371 (1981); Bowden v. Zant, 244 Ga. 260 , 260 S.E.2d 465 (1979); cert. denied, 444 U.S. 1103 , 100 S.Ct. 1068 , 62 L.Ed.2d 788 (1980); Houston v. The State, 593 S.W.2d 267 (Tenn.1980); State v. Berry, 592 S.W.2d 553 (Tenn.1980).

See Clark v. State, 379 So.2d 97, 101 (Fla.1979).

See Clark v. State, 379 So.2d 97, 102 (Fla.1979), cert. denied, 450 U.S. 936 , 101 S.Ct. 1402 , 67 L.Ed.2d 371 (1981); Fields v. State, 379 So.2d 408, 409 (Fla. 3d DCA 1980).

See Clark v. State, 379 So.2d 97 (Fla.1979), cert. denied, 450 U.S. 936 , 101 S.Ct. 1402 , 67 L.Ed.2d 371 (1981).

See Clark v. State, 379 So.2d 97 (Fla. 1979).

See Clark v. State, 379 So.2d 97 (Fla. 1980), cert. denied, 450 U.S. 936 , 101 S.Ct. 1402 , 67 L.Ed.2d 371 (1981).

Dames v. State, 314 So.2d 171 (Fla. 3d DCA 1975); see Clark v. State, 379 So.2d 97, 101 (Fla.1979), cert. denied, 450 U.S. 936 , 101 S.Ct. 1402 , 67 L.Ed.2d 371 (1981).

Paul v. State, 385 So.2d 1371 (Fla.1980); Parker v. State, 421 So.2d 712 (Fla. 3d DCA 1982); see Clark v. State, 379 So.2d 97 (Fla.1979).

See Clark v. State, 379 So.2d 97 (Fla. 1979); Spinkellink v. Wainwright, 578 F.2d 582 (5th Cir.1978), cert. denied, 440 U.S. 976 , 99 S.Ct. 1548 , 59 L.Ed.2d 796 (1979).

Compare Clark v. State, 379 So.2d 97 (Fla. 1979), cert. denied, 450 U.S. 936 , 101 S.Ct. 1402 , 67 L.Ed.2d 371 (1981), with State v. Green, 395 So.2d 532 (Fla. 1981).