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17 Florida opinions name it 1 courts 1996–2018 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
William Van Poyck v. Florida Department of Corrections, Michael W. Moore, Secretary of Florida Department of Correctionsgreen2 sentences2013Van Poyck III, 290 F.3d at 1325-26 (footnote omitted). 2007Id. at 1325-26 . | 1 | 2 |
Morrison v. Stategreen2 sentences2017Morrison, 818 So. 2d at 456-57 (footnote omitted). 2017Morrison , 818 So.2d at 456-57 (footnote omitted). | 1 | 1 |
Davis v. Stategreen2 sentences2010Id.; see also Hunter v. State, 8 So.3d 1052, 1057 (Fla. 2008) (affirming multiple death sentences where defendant and codefendants invaded home and murdered its occupants with baseball bats, and where the court found five statutory aggravators — prior violent felony conviction, HAC, CCP, committed in the course of a burglary, and committed to avoid arrest — and three statutory miti- gators, including defendant’s age), cert, denied, - U.S. -, 129 S.Ct. 2005 , 173 L.Ed.2d 1101 (2009); Davis v. State, 2 So.3d 952, 965 (Fla.2008) (affirming death sentences where defendant entered home of friends a 2010Id.; see also Hunter v. State, 8 So.3d 1052, 1057 (Fla. 2008) (affirming multiple death sentences where defendant and codefendants invaded home and murdered its occupants with baseball bats, and where the court found five statutory aggravators—prior violent felony conviction, HAC, CCP, committed in the course of a burglary, and committed to avoid arrest—and three statutory mitigators, *880 including defendant's age), cert. denied, ___ U.S. ___, 129 S.Ct. 2005 , 173 L.Ed.2d 1101 (2009); Davis v. State, 2 So.3d 952, 965 (Fla.2008) (affirming death sentences where defendant entered home of friend | 1 | 1 |
Hunter v. Stategreen2 sentences2010Id.; see also Hunter v. State, 8 So.3d 1052, 1057 (Fla. 2008) (affirming multiple death sentences where defendant and codefendants invaded home and murdered its occupants with baseball bats, and where the court found five statutory aggravators — prior violent felony conviction, HAC, CCP, committed in the course of a burglary, and committed to avoid arrest — and three statutory miti- gators, including defendant’s age), cert, denied, - U.S. -, 129 S.Ct. 2005 , 173 L.Ed.2d 1101 (2009); Davis v. State, 2 So.3d 952, 965 (Fla.2008) (affirming death sentences where defendant entered home of friends a 2010Id.; see also Hunter v. State, 8 So.3d 1052, 1057 (Fla. 2008) (affirming multiple death sentences where defendant and codefendants invaded home and murdered its occupants with baseball bats, and where the court found five statutory aggravators—prior violent felony conviction, HAC, CCP, committed in the course of a burglary, and committed to avoid arrest—and three statutory mitigators, *880 including defendant's age), cert. denied, ___ U.S. ___, 129 S.Ct. 2005 , 173 L.Ed.2d 1101 (2009); Davis v. State, 2 So.3d 952, 965 (Fla.2008) (affirming death sentences where defendant entered home of friend | 1 | 1 |
Anderson v. Stategreen1 sentence2009See Anderson v. State, 863 So.2d 169 , 175 n. 5 (Fla.2003). | 1 | 1 |
State v. Steelegreen1 sentence2007We recently held that "a trial court departs from the essential requirements of law in a death penalty case by using a penalty phase special verdict form that details the jurors' determination concerning aggravating factors found by the jury." State v. Steele, 921 So.2d 538, 548 (Fla.2005). | 1 | 1 |
Booker v. Stategreen1 sentence2007See id. | 1 | 1 |
The Florida Bar v. Goldengreen1 sentence2006See Fla. Bar v. Golden, 563 So.2d 81 (Fla. 1990) (imposing a one-year suspension due to the seriousness of respondent's failure to abide by his suspension, failure to inform the client of his suspension, failure to return funds, his lack of remorse, and his past disciplinary actions). | 1 | 1 |
Larkins v. Stategreen1 sentence2004This Court has previously stated that HAC is one "of the most serious aggravators set out in the statutory sentencing scheme." Larkins v. State, 739 So.2d 90, 95 (Fla.1999). | 1 | 1 |
Schwab v. Stategreen1 sentence2002See Orme v. State, 677 So.2d 258, 263 (Fla.1996) (holding the death sentence proportional for the sexual battery, beating, and strangulation of victim where there were three statutory aggravators— HAC, pecuniary gain, and sexual battery— and both statutory mental mitigators); Schwab v. State, 636 So.2d 3, 7 (Fla. 1994) (holding the death sentence proportional for kidnapping, murder, and sexual battery of a boy, where prior conviction of violent felony, murder in the course of a felony, and HAC were proven). | 1 | 1 |
Mendoza v. Stategreen2 sentences2002In Mendoza v. State, 700 So.2d 670, 679 (Fla.1997), however, this Court rejected a strikingly similar argument, where the defendant argued that the death penalty was disproportionate "because the murder was not planned but was committed on the spur of the moment during a robbery gone awry," and that "the shooting of [the victim] was a reflexive action in response to [the victim's] resistance to the robbery." Rather, this Court affirmed the defendant's death sentence in Mendoza based upon only two of the four aggravating factors found against Morrison (i.e., previous conviction of a violent fel 2002See Mendoza, 700 So.2d at 672 ; see also Carter v. State, 576 So.2d 1291, 1293 (Fla.1989) (rejecting argument that death penalty was disproportionate because it was merely a case of a "robbery gone bad" when court found three aggravating circumstances which far outweighed the nonstatutory mitigating circumstances of the defendant's deprived childhood). | 1 | 1 |
Carter v. Stategreen1 sentence2002See Mendoza, 700 So.2d at 672 ; see also Carter v. State, 576 So.2d 1291, 1293 (Fla.1989) (rejecting argument that death penalty was disproportionate because it was merely a case of a "robbery gone bad" when court found three aggravating circumstances which far outweighed the nonstatutory mitigating circumstances of the defendant's deprived childhood). | 1 | 1 |
Orme v. Stategreen1 sentence2002See Orme v. State, 677 So.2d 258, 263 (Fla.1996) (holding the death sentence proportional for the sexual battery, beating, and strangulation of victim where there were three statutory aggravators— HAC, pecuniary gain, and sexual battery— and both statutory mental mitigators); Schwab v. State, 636 So.2d 3, 7 (Fla. 1994) (holding the death sentence proportional for kidnapping, murder, and sexual battery of a boy, where prior conviction of violent felony, murder in the course of a felony, and HAC were proven). | 1 | 1 |
Brown v. Stategreen1 sentence2000See, e.g., Brown v. State, 721 So.2d 274 (Fla.1998)(affirming death penalty where evidence established the four valid aggravating factors of prior violent felony conviction, murder committed during robbery and pecuniary gain (merged), heinous, atrocious, and cruel, and cold, calculated, and premeditated, and two nonstatutory mitigating circumstances involving Brown's family background and Brown's drug and alcohol abuse); Gordon v. State, 704 So.2d 107 (Fla.1997)(affirming death penalty where evidence established the four aggravating factors of murder during commission of burglary, pecuniary ga | 1 | 1 |
Cole v. Stategreen1 sentence2000See, e.g., Brown v. State, 721 So.2d 274 (Fla.1998)(affirming death penalty where evidence established the four valid aggravating factors of prior violent felony conviction, murder committed during robbery and pecuniary gain (merged), heinous, atrocious, and cruel, and cold, calculated, and premeditated, and two nonstatutory mitigating circumstances involving Brown's family background and Brown's drug and alcohol abuse); Gordon v. State, 704 So.2d 107 (Fla.1997)(affirming death penalty where evidence established the four aggravating factors of murder during commission of burglary, pecuniary ga | 1 | 1 |
Walls v. Stategreen1 sentence1996See, e.g., Walls v. State, 641 So.2d 381, 391 (Fla.1994)(death sentence upheld for execution-style killing of woman after she witnessed boyfriend's murder), cert. denied, ___ U.S. ___, 115 S.Ct. 943 , 130 L.Ed.2d 887 (1995); Cave v. State, 476 So.2d 180 (Fla.1985), cert. denied, 476 U.S. 1178 , 106 S.Ct. 2907 , 90 L.Ed.2d 993 (1986)(death sentence proportionate where co-perpetrators abducted, raped, and killed victim; defendant not actual killer). | 1 | 1 |
Kersh v. Liberty State Bank & Trustgreen2 sentences1996See, e.g., Walls v. State, 641 So.2d 381, 391 (Fla.1994)(death sentence upheld for execution-style killing of woman after she witnessed boyfriend's murder), cert. denied, ___ U.S. ___, 115 S.Ct. 943 , 130 L.Ed.2d 887 (1995); Cave v. State, 476 So.2d 180 (Fla.1985), cert. denied, 476 U.S. 1178 , 106 S.Ct. 2907 , 90 L.Ed.2d 993 (1986)(death sentence proportionate where co-perpetrators abducted, raped, and killed victim; defendant not actual killer). 1996See, e.g., Walls v. State, 641 So.2d 381, 391 (Fla.1994)(death sentence upheld for execution-style killing of woman after she witnessed boyfriend's murder), cert. denied, ___ U.S. ___, 115 S.Ct. 943 , 130 L.Ed.2d 887 (1995); Cave v. State, 476 So.2d 180 (Fla.1985), cert. denied, 476 U.S. 1178 , 106 S.Ct. 2907 , 90 L.Ed.2d 993 (1986)(death sentence proportionate where co-perpetrators abducted, raped, and killed victim; defendant not actual killer). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Franklin v. State
green
1 sentence2018Id. at 88 . 2 This *991 Court affirmed Franklin's conviction and death sentence on direct appeal. | 1 | 2018–2018 |
Ring v. Arizona
green
2 sentences2017Pasha’s motions regarding the dismissal of Hernandez; ,(4) the trial court erred in admitting the-911 recording and distributing the transcript of the recording to the jurors; (5) the trial court erred in denying his request for a standard alibi instruction; (6) the trial court erred when it impressed on the jurors during the guilt phase the need to reconvene later for a penalty phase; (7) the trial court erred in admitting photographs of the victims that were not relevant to a disputed issue; (8) the trial court made other erroneous evidentiary rulings that individually and collectively serve 2017Pasha’s motions regarding the dismissal of Hernandez; ,(4) the trial court erred in admitting the-911 recording and distributing the transcript of the recording to the jurors; (5) the trial court erred in denying his request for a standard alibi instruction; (6) the trial court erred when it impressed on the jurors during the guilt phase the need to reconvene later for a penalty phase; (7) the trial court erred in admitting photographs of the victims that were not relevant to a disputed issue; (8) the trial court made other erroneous evidentiary rulings that individually and collectively serve | 1 | 2017–2017 |
Spencer v. State
green
1 sentence2017After conducting a Spencer [v. State, 691 So.2d 1062 (Fla. 1996) ] hearing, the trial court followed the jury’s recommendation of death for the murder of Anthony Blunt, concluding that the four aggravating factors outweighed several mitigating factors. | 1 | 2017–2017 |
Van Poyck v. State
green
2 sentences2013“At most, non-trigger-man status would have constituted non- statutory mitigation which, considering the four aggravating factors and absence of other mitigation, would probably not have yielded a lesser sentence.” Id. at 226 . 2013We conclude that Valdes’ confession to being the triggerman by way of Mrs. Valdes’ affidavit — which is “different evidence on the same fact,” id. at 225 — would not “probably” create a different result. | 1 | 2013–2013 |
Farr v. State
green
1 sentence2012In the first direct appeal, we agreed with the trial court that the four aggravating factors found by the trial court “clearly were established beyond a reasonable doubt.” Farr, 621 So.2d at 1370 . 24 Thus, it is clear that this Court found that the aggravators were established even if the issue was not raised by appellate counsel. | 1 | 2012–2012 |
Bradshaw v. Stumpf
green
2 sentences2007Finally, we address Van Poyck's reliance on Bradshaw v. Stumpf, 545 U.S. 175 , 125 S.Ct. 2398 , 162 L.Ed.2d 143 (2005). 2007Finally, we address Van Poyck's reliance on Bradshaw v. Stumpf, 545 U.S. 175 , 125 S.Ct. 2398 , 162 L.Ed.2d 143 (2005). | 1 | 2007–2007 |
Rolling v. State
green
1 sentence2000See, e.g., Brown v. State, 721 So.2d 274 (Fla.1998)(affirming death penalty where evidence established the four valid aggravating factors of prior violent felony conviction, murder committed during robbery and pecuniary gain (merged), heinous, atrocious, and cruel, and cold, calculated, and premeditated, and two nonstatutory mitigating circumstances involving Brown's family background and Brown's drug and alcohol abuse); Gordon v. State, 704 So.2d 107 (Fla.1997)(affirming death penalty where evidence established the four aggravating factors of murder during commission of burglary, pecuniary ga | 1 | 2000–2000 |
Henyard v. State
green
1 sentence2000See, e.g., Brown v. State, 721 So.2d 274 (Fla.1998)(affirming death penalty where evidence established the four valid aggravating factors of prior violent felony conviction, murder committed during robbery and pecuniary gain (merged), heinous, atrocious, and cruel, and cold, calculated, and premeditated, and two nonstatutory mitigating circumstances involving Brown's family background and Brown's drug and alcohol abuse); Gordon v. State, 704 So.2d 107 (Fla.1997)(affirming death penalty where evidence established the four aggravating factors of murder during commission of burglary, pecuniary ga | 1 | 2000–2000 |
Gordon v. State
green
1 sentence2000See, e.g., Brown v. State, 721 So.2d 274 (Fla.1998)(affirming death penalty where evidence established the four valid aggravating factors of prior violent felony conviction, murder committed during robbery and pecuniary gain (merged), heinous, atrocious, and cruel, and cold, calculated, and premeditated, and two nonstatutory mitigating circumstances involving Brown's family background and Brown's drug and alcohol abuse); Gordon v. State, 704 So.2d 107 (Fla.1997)(affirming death penalty where evidence established the four aggravating factors of murder during commission of burglary, pecuniary ga | 1 | 2000–2000 |
Marshall v. State
green
1 sentence2000See, e.g., Brown v. State, 721 So.2d 274 (Fla.1998)(affirming death penalty where evidence established the four valid aggravating factors of prior violent felony conviction, murder committed during robbery and pecuniary gain (merged), heinous, atrocious, and cruel, and cold, calculated, and premeditated, and two nonstatutory mitigating circumstances involving Brown's family background and Brown's drug and alcohol abuse); Gordon v. State, 704 So.2d 107 (Fla.1997)(affirming death penalty where evidence established the four aggravating factors of murder during commission of burglary, pecuniary ga | 1 | 2000–2000 |
Cave v. State
green
1 sentence1996See, e.g., Walls v. State, 641 So.2d 381, 391 (Fla.1994)(death sentence upheld for execution-style killing of woman after she witnessed boyfriend's murder), cert. denied, ___ U.S. ___, 115 S.Ct. 943 , 130 L.Ed.2d 887 (1995); Cave v. State, 476 So.2d 180 (Fla.1985), cert. denied, 476 U.S. 1178 , 106 S.Ct. 2907 , 90 L.Ed.2d 993 (1986)(death sentence proportionate where co-perpetrators abducted, raped, and killed victim; defendant not actual killer). | 1 | 1996–1996 |
Toney-El v. Lane
green
1 sentence1996See, e.g., Walls v. State, 641 So.2d 381, 391 (Fla.1994)(death sentence upheld for execution-style killing of woman after she witnessed boyfriend's murder), cert. denied, ___ U.S. ___, 115 S.Ct. 943 , 130 L.Ed.2d 887 (1995); Cave v. State, 476 So.2d 180 (Fla.1985), cert. denied, 476 U.S. 1178 , 106 S.Ct. 2907 , 90 L.Ed.2d 993 (1986)(death sentence proportionate where co-perpetrators abducted, raped, and killed victim; defendant not actual killer). | 1 | 1996–1996 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.