89 Florida opinions name it 3 courts 1979–2025 3 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 |
|---|---|---|
Hayward v. Stategreen2 sentences2020We also “accept the weight assigned by the trial court to the aggravating and mitigating factors.” Covington, 228 So. 3d at 68 (quoting Hayward v. State, 24 So. 3d 17, 46 (Fla. 2009)). -9- In Doty’s first direct appeal, we found that his death sentence was proportionate in comparison to other capital cases, reasoning as follows: Comparing the death sentence in this case to other capital cases, we recognize that this case is exceedingly similar to the facts and circumstances of [Gill], a case in which the defendant was convicted of murder after he strangled his cellmate. 2020We also “accept the weight assigned by the trial court to the aggravating and mitigating factors.” Covington, 228 So. 3d at 68 (quoting Hayward v. State, 24 So. 3d 17, 46 (Fla. 2009)). -9- In Doty’s first direct appeal, we found that his death sentence was proportionate in comparison to other capital cases, reasoning as follows: Comparing the death sentence in this case to other capital cases, we recognize that this case is exceedingly similar to the facts and circumstances of [Gill], a case in which the defendant was convicted of murder after he strangled his cellmate. | 7 | 10 |
Bobby Marion Francis v. Richard L. Dugger, Secretary, Florida Department of Correctionsgreen2 sentences2013Thus, our proportionality review requires that we discretely analyze the nature and weight of the underlying facts; we do not engage in a “ ‘mere tabulation’ of the aggravating and mitigating factors.” Terry v. State, 668 So.2d 954, 965 (Fla.1996) (quoting Francis v. Dugger, 908 F.2d 696, 705 (11th Cir.1990)). 2012Thus, our proportionality review requires that we discretely analyze the nature and weight of the underlying facts; we do not engage in a “ ‘mere tabulation’ of the aggravating and mitigating factors.” Terry v. State, 668 So.2d 954, 965 (Fla.1996) (quoting Francis v. Dugger, 908 F.2d 696, 705 (11th Cir.1990)). | 5 | 5 |
Urbin v. Stategreen2 sentences2017“In reviewing the sentence for proportionality, this Court will accept the jury’s recommendation and the weight assigned by the trial judge to the aggravating and mitigating factors.” Id. 2014“In reviewing the sentence for proportionality, this Court will accept the jury’s recommendation and the weight assigned by the trial judge to the aggravating and mitigating factors.” Id. | 4 | 10 |
Terry v. Stategreen2 sentences2013Thus, our proportionality review requires that we discretely analyze the nature and weight of the underlying facts; we do not engage in a “ ‘mere tabulation’ of the aggravating and mitigating factors.” Terry v. State, 668 So.2d 954, 965 (Fla.1996) (quoting Francis v. Dugger, 908 F.2d 696, 705 (11th Cir.1990)). 2012Thus, our proportionality review requires that we discretely analyze the nature and weight of the underlying facts; we do not engage in a “ ‘mere tabulation’ of the aggravating and mitigating factors.” Terry v. State, 668 So.2d 954, 965 (Fla.1996) (quoting Francis v. Dugger, 908 F.2d 696, 705 (11th Cir.1990)). | 4 | 4 |
Grossman v. Stategreen2 sentences2001We have also made clear that "[n]otwithstanding the jury's recommendation, whether it be for life imprisonment or death, the judge is required to make an independent determination, based on the aggravating and mitigating factors." Grossman v. State, 525 So.2d 833, 840 (Fla.1988); see King v. State, 623 So.2d 486, 489 (Fla.1993). 1993As we have stated previously: “Notwithstanding the jury recommendation ... the judge is required to make an independent determination, based on the aggravating and mitigating factors.” Grossman v. State, 525 So.2d 833, 840 (Fla.1988), cert. denied, 489 U.S. 1071 , 109 S.Ct. 1354 , 103 L.Ed.2d 822 (1989). | 4 | 4 |
Bates v. Stategreen2 sentences2011See Bates v. State, 750 So.2d 6, 12 (Fla.1999). 2009See Bates v. State, 750 So.2d 6, 12 (Fla.1999). | 3 | 3 |
Morton v. Stategreen2 sentences2008Morton v. State, 789 So.2d 324, 328-29 (Fla.2001). [3] Morton asserted that (1) the prosecutor made several improper comments during penalty-phase closing arguments that entitled Morton to a new penalty phase; (2) the trial court failed to find, consider, and weigh mitigating evidence that Morton suffered from antisocial personality disorder; (3) the trial court did not properly weigh the mitigating circumstances of Morton's age and history as an abused child; and (4) the resentencing judge erred by adopting the original sentencing judge's findings of fact regarding the aggravating and mitigat 2008Id. at 329 . [4] Morton alleged as follows: (1) he was deprived of a reliable adversarial testing due to ineffective assistance of counsel at the guilt and penalty phases; (2) he was deprived of his right to develop mitigating factors because the court-appointed psychiatrist failed to conduct appropriate tests for organic brain damage and mental illness; (3) the State violated the constitutional requirements under Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and its progeny, and such actions and omissions by the State rendered defense counsel ineffective and prevente | 3 | 3 |
Bryant v. Stategreen2 sentences2005See id. 2001See Bryant v. State, 656 So.2d 426, 428 (Fla.1995) (concluding that the trial court did not err in denying cause challenges where five jurors who expressed a predisposition to impose the death penalty if the defendant was convicted of first-degree murder later stated that they would follow the court's instructions and weigh the aggravating and mitigating factors to determine whether death was the appropriate sentence). b. | 3 | 3 |
Scott v. Stategreen2 sentences2013Scott v. State, 66 So.3d 923, 934-35 (Fla.2011). 2012Scott v. State, 66 So.3d 923, 934-35 (Fla.2011). | 2 | 2 |
Cox v. Stategreen2 sentences2012For example, in Cox v. State, 819 So.2d 705, 723-24 (Fla.2002), we upheld the death penalty where the trial court found and gave great weight to HAC, CCP, prior violent felony, and under sentence of imprisonment, while giving little or moderate weight to several nonstatutory mitigators. 2003See, e.g., Cox v. State, 819 So.2d 705 (Fla.2002) (finding death sentence proportionate where court found three aggravating factors, including HAC and CCP, measured against nineteen nonstatutory mitigating factors accorded slight to some weight), cert. denied, 537 U.S. 1120 , 123 S.Ct. 889 , 154 L.Ed.2d 799 (2003); Connor v. State, 803 So.2d 598 (Fla.2001) (finding death sentence proportionate where court found three aggravating factors, including HAC and CCP, measured against four nonstatutory mitigators); Hauser v. State, 701 So.2d 329 (Fla.1997) (finding death sentence proportionate where v | 2 | 2 |
Rodgers v. Stategreen2 sentences2012We defer to the trial court’s determination ‘unless no reasonable person would have assigned the weight the trial court did.’ ” (quoting Rodgers v. State, 948 So.2d 655, 669 (Fla.2006))). 2007We defer to the trial court's determination "unless no reasonable person would have assigned the weight the trial court did." Rodgers v. State, 948 So.2d 655, 669 (Fla.2006), cert. denied, ___ U.S. ___, 128 S.Ct. 59 , 169 L.Ed.2d 50 (2007) (No. 06-10961). | 2 | 2 |
Gaskin v. Stategreen2 sentences2011See Gaskin v. State, 737 So.2d at 516 n. 14. 2009See Jones v. State, 998 So.2d 573, 585 (Fla.2008) (“ ‘Prejudice ... is shown where, absent the errors, there is a reasonable probability that the balance of aggravating and mitigating circumstances would have been different or the deficiencies substantially impair confidence in the outcome of the proceedings.’ ” (quoting Gaskin v. State, 737 So.2d 509 , 516 n. 14 (Fla.1999))). | 2 | 2 |
Porter v. Stategreen2 sentences1998Further, based on our review of all of the aggravating and mitigating factors, including their nature and quality according to the specific facts of this case, we find that the totality of the circumstances justifies the imposition of the death sentence, see Porter, 564 So.2d at 1064 , and that this case is proportionate to other cases where we have upheld the imposition of a death sentence. 1998See Porter, 564 So.2d at 1064 . | 1 | 2 |
Rogers v. Stategreen2 sentences1993We remind the judge that, even though a jury determination is entitled to great weight, "the judge is required to make an independent determination, based on the aggravating and mitigating factors." [2] Grossman v. State, 525 So.2d 833, 840 (Fla. 1988), cert. denied, 489 U.S. 1071 , 109 S.Ct. 1354 , 103 L.Ed.2d 822 (1989); Rogers v. State, 511 So.2d 526 (Fla. 1987), cert. denied, 484 U.S. 1020 , 108 S.Ct. 733 , 98 L.Ed.2d 681 (1988). 1991See Rogers, 511 So.2d at 535 . | 1 | 2 |
Taylor v. Stategreen1 sentence2019Taylor v. State, 937 So. 2d 590, 601 (Fla. 2006). - 16 - “Further, in a proportionality analysis, this Court will accept the weight assigned by the trial court to the aggravating and mitigating factors.” Hayward v. State, 24 So. 3d 17, 46 (Fla. 2009). | 1 | 1 |
| Kevin G. Jeffries, Jr. v. State of Floridagreen | 1 | 1 |
| Brooks v. Stategreen | 1 | 1 |
| State v. Sturdivantgreen | 1 | 1 |
| Knight v. Stategreen | 1 | 1 |
| McLean v. Stategreen | 1 | 1 |
| Smith v. Wisconsingreen | 1 | 1 |
| McLean v. Floridagreen | 1 | 1 |
| Merck v. Stategreen | 1 | 1 |
| Davis v. Stategreen | 1 | 1 |
| Jones v. Stategreen | 1 | 1 |
| Johnston v. Stategreen | 1 | 1 |
| Franqui v. Stategreen | 1 | 1 |
| Dufour v. Stategreen | 1 | 1 |
| Alston v. Stategreen | 1 | 1 |
| Blackwelder v. Stategreen | 1 | 1 |
| Johnson v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Green v. United States
green
2 sentences1993As we have stated previously: “Notwithstanding the jury recommendation ... the judge is required to make an independent determination, based on the aggravating and mitigating factors.” Grossman v. State, 525 So.2d 833, 840 (Fla.1988), cert. denied, 489 U.S. 1071 , 109 S.Ct. 1354 , 103 L.Ed.2d 822 (1989). 1993As we have stated previously: "Notwithstanding the jury recommendation ... the judge is required to make an independent determination, based on the aggravating and mitigating factors." Grossman v. State, 525 So.2d 833, 840 (Fla. 1988), cert. denied, 489 U.S. 1071 , 109 S.Ct. 1354 , 103 L.Ed.2d 822 (1989). | 3 | 1993–1993 |
Cooper v. United States
green
2 sentences1993As we have stated previously: “Notwithstanding the jury recommendation ... the judge is required to make an independent determination, based on the aggravating and mitigating factors.” Grossman v. State, 525 So.2d 833, 840 (Fla.1988), cert. denied, 489 U.S. 1071 , 109 S.Ct. 1354 , 103 L.Ed.2d 822 (1989). 1993As we have stated previously: "Notwithstanding the jury recommendation ... the judge is required to make an independent determination, based on the aggravating and mitigating factors." Grossman v. State, 525 So.2d 833, 840 (Fla. 1988), cert. denied, 489 U.S. 1071 , 109 S.Ct. 1354 , 103 L.Ed.2d 822 (1989). | 3 | 1993–1993 |
Edward Allen Covington v. State of Florida
green
2 sentences2020We also “accept the weight assigned by the trial court to the aggravating and mitigating factors.” Covington, 228 So. 3d at 68 (quoting Hayward v. State, 24 So. 3d 17, 46 (Fla. 2009)). -9- In Doty’s first direct appeal, we found that his death sentence was proportionate in comparison to other capital cases, reasoning as follows: Comparing the death sentence in this case to other capital cases, we recognize that this case is exceedingly similar to the facts and circumstances of [Gill], a case in which the defendant was convicted of murder after he strangled his cellmate. 2020We also “accept the weight assigned by the trial court to the aggravating and mitigating factors.” Covington, 228 So. 3d at 68 (quoting Hayward v. State, 24 So. 3d 17, 46 (Fla. 2009)). -9- In Doty’s first direct appeal, we found that his death sentence was proportionate in comparison to other capital cases, reasoning as follows: Comparing the death sentence in this case to other capital cases, we recognize that this case is exceedingly similar to the facts and circumstances of [Gill], a case in which the defendant was convicted of murder after he strangled his cellmate. | 2 | 2020–2020 |
The Florida Bar v. Ticktin
green
2 sentences2018Moreover, "[a] referee's findings in aggravation carry a presumption of correctness that should be upheld unless clearly erroneous or without support in the record." Fla. Bar v. Ticktin , 14 So.3d 928 , 937 (Fla. 2009). 2018Moreover, "[a] referee's findings in aggravation carry a presumption of correctness that should be upheld unless clearly erroneous or without support in the record." Fla. Bar v. Ticktin , 14 So.3d 928 , 937 (Fla. 2009). | 2 | 2018–2018 |
Silvia v. State
green
2 sentences2017Id. 2014“In reviewing the sentence for proportionality, this Court will accept the jury’s recommendation and the weight assigned by the trial judge to the aggravating and mitigating factors.” Silvia, 60 So.3d at 973 . | 2 | 2014–2017 |
Kilgore v. State
green
2 sentences2015Id. at 900 . 2015Id. at 900 . | 2 | 2015–2015 |
Shellito v. State
green
2 sentences2012See, e.g., McLean v. State, 29 So.3d 1045 (Fla.2010) (in a robbery with multiple gunshot victims, death sentence proportionate with prior violent felony • aggravator and committed during a robbery aggravator, both statutory mental health mitigators, and nonstatutory mitigators of substance abuse, family problems, mild brain injury, and miscellaneous factors) cert. denied, - U.S. -, 131 S.Ct. 153 , 178 L.Ed.2d 92 (2010); Hayward v. State, 24 So.3d 17 (Fla.2009) (death sentence proportionate with prior violent felony aggra-vator and merged committed during a robbery/committed for pecuniary gain 2010See, e.g., Hayward v. State, 24 So.3d 17 (Fla.2009) (death sentence proportionate with prior violent felony ag-gravator and merged committed during a robbery/committed for pecuniary gain ag-gravator and nonstatutory mitigators including academic problems, an absent father, some capacity for rehabilitation, and financial stress at the time of the crime); LaMarca v. State, 785 So.2d 1209 (Fla.2001) (death sentence proportionate with prior violent felony aggravator and non-statutory mitigators of good behavior at trial, substance abuse issues, and mental disorders); Shellito v. State, 701 So.2d 8 | 2 | 2010–2012 |
Pope v. State
green
2 sentences2012See, e.g., McLean v. State, 29 So.3d 1045 (Fla.2010) (in a robbery with multiple gunshot victims, death sentence proportionate with prior violent felony • aggravator and committed during a robbery aggravator, both statutory mental health mitigators, and nonstatutory mitigators of substance abuse, family problems, mild brain injury, and miscellaneous factors) cert. denied, - U.S. -, 131 S.Ct. 153 , 178 L.Ed.2d 92 (2010); Hayward v. State, 24 So.3d 17 (Fla.2009) (death sentence proportionate with prior violent felony aggra-vator and merged committed during a robbery/committed for pecuniary gain 2010See, e.g., Hayward v. State, 24 So.3d 17 (Fla.2009) (death sentence proportionate with prior violent felony ag-gravator and merged committed during a robbery/committed for pecuniary gain ag-gravator and nonstatutory mitigators including academic problems, an absent father, some capacity for rehabilitation, and financial stress at the time of the crime); LaMarca v. State, 785 So.2d 1209 (Fla.2001) (death sentence proportionate with prior violent felony aggravator and non-statutory mitigators of good behavior at trial, substance abuse issues, and mental disorders); Shellito v. State, 701 So.2d 8 | 2 | 2010–2012 |
Brady v. Maryland
green
2 sentences2008Id. at 329 . [4] Morton alleged as follows: (1) he was deprived of a reliable adversarial testing due to ineffective assistance of counsel at the guilt and penalty phases; (2) he was deprived of his right to develop mitigating factors because the court-appointed psychiatrist failed to conduct appropriate tests for organic brain damage and mental illness; (3) the State violated the constitutional requirements under Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and its progeny, and such actions and omissions by the State rendered defense counsel ineffective and prevente 2008Id. at 329 . [4] Morton alleged as follows: (1) he was deprived of a reliable adversarial testing due to ineffective assistance of counsel at the guilt and penalty phases; (2) he was deprived of his right to develop mitigating factors because the court-appointed psychiatrist failed to conduct appropriate tests for organic brain damage and mental illness; (3) the State violated the constitutional requirements under Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and its progeny, and such actions and omissions by the State rendered defense counsel ineffective and prevente | 2 | 2007–2008 |
Lockett v. Ohio
green
2 sentences1989Lockett v Ohio, 438 U.S. 586 (1978), deliberated and by a vote of 11 to 1 returned an advisory sentence recommending imposition of the death penalty. 1988Lockett v Ohio, 438 U.S. 586 (1978), deliberated; and by votes of 10 to 2 as to Count II, 8 to 4 as to Count XIV, 10 to 2 as to Count XV returned an advisory sentence recommencing imposition of the death penalty. | 2 | 1988–1989 |
The Florida Bar v. Committe
green
1 sentence2025“A private reprimand is now termed an admonishment . . . .” Fla. Bar v. Committe, 916 So. 2d 741 , 748 n.3 (Fla. 2005). - 10 - The Standards for Imposing Lawyer Sanctions discuss the presumptive sanctions in relation to the misconduct established and are subject to aggravating and mitigating factors and this Court’s case law. | 1 | 2025–2025 |
Bates v. State
green
1 sentence2024Bates v. State, 465 So. 2d at 493 . | 1 | 2024–2024 |
Spencer v. State
green
1 sentence2024Spencer v. State, 615 So. 2d 688 (Fla. 1993). -4- court contemporaneously issued a written sentencing order detailing its consideration of both the aggravating and mitigating factors at issue. | 1 | 2024–2024 |
Gary Czajkowski v. State of Florida
red
1 sentence2020By requiring unanimity in a recommendation of death in order for death to be considered and imposed, Florida will achieve the important goal of bringing its capital sentencing laws into harmony with the direction of society reflected in all these states and with federal law. 202 So. 3d at 61 . | 1 | 2020–2020 |
The Florida Bar v. Ratiner
green
1 sentence2018The referee found the following mitigating factors under Florida Standard for Imposing Lawyer Sanctions 9.32: (b) (absence of a dishonest or selfish motive); *121 (g) (character or reputation); and (h) (physical or mental disability or impairment ). 3 In addition to the above-cited aggravating and mitigating factors, the referee considered the following cases prior to recommending discipline: Fla. Bar v. Kelner , 670 So.2d 62 (Fla. 1996) ; Fla. Bar v. Wasserman , 675 So.2d 103 (Fla. 1996) ; Fla. Bar v. Morgan , 938 So.2d 496 (Fla. 2006) ; Fla. Bar v. Abramson , 3 So.3d 964 (Fla. 2009) ; Fla. B | 1 | 2018–2018 |
| The Florida Bar v. Wasserman green | 1 | 2018–2018 |
| & SC13-2480 The Florida Bar v. Jeffrey Alan Norkin green | 1 | 2018–2018 |
| The Florida Bar v. Abramson green | 1 | 2018–2018 |
| The Florida Bar v. Vining green | 1 | 2018–2018 |
| Florida Bar v. Chosid green | 1 | 2018–2018 |
| Florida Bar v. Walkden green | 1 | 2018–2018 |
| Florida Bar v. Rotstein green | 1 | 2018–2018 |
| The Florida Bar v. Kelner green | 1 | 2018–2018 |
| Florida Bar v. Morgan green | 1 | 2018–2018 |
| The Florida Bar v. Simring green | 1 | 2018–2018 |
| Florida Bar v. Norkin green | 1 | 2018–2018 |
| Tison v. Arizona green | 1 | 2017–2017 |
| Wickham v. State green | 1 | 2013–2013 |
| Henyard v. State green | 1 | 2012–2012 |
| Apprendi v. New Jersey green | 1 | 2012–2012 |
| Ring v. Arizona green | 1 | 2012–2012 |
| Singleton v. State green | 1 | 2012–2012 |
| Walker v. State green | 1 | 2012–2012 |
| Coleman v. State green | 1 | 2012–2012 |
| LaMarca v. State green | 1 | 2010–2010 |
| Heath v. State green | 1 | 2010–2010 |
| Nelson v. State green | 1 | 2010–2010 |
| Mansfield v. State green | 1 | 2009–2009 |
| Taylor v. State green | 1 | 2009–2009 |
| Roper v. Simmons green | 1 | 2008–2008 |
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.