Lockett claim (Florida) · Go Syfert
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Lockett claim in Florida

12 Florida opinions name it 2 courts 1983–2013 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.

Followed or applied (8)

CaseFollowedCited
Hitchcock v. Duggergreen
scotus · 1987 · cited in 4 Florida opinions naming this issue, 1987–1988
2 sentences

1988Hitchcock v. Dugger, ___ U.S. ___, 107 S.Ct. 1821 , 95 L.Ed.2d 347 (1987), does not affect our holding that a Lockett claim is procedurally barred.

1988Hitchcock v. Dugger, ___ U.S. ___, 107 S.Ct. 1821 , 95 L.Ed.2d 347 (1987), does not affect our holding that a Lockett claim is procedurally barred.

14
Doorbal v. Stategreen
fla · 2003 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See Doorbal v. State, 837 So.2d 940, 959-60 (Fla.2003) (applying harmless error analysis to alleged Lockett error).

11
Ronald K. Spivey v. Walter Zant, Warden, Georgia Diagnostic and Classification Centergreen
ca5 · 1981 · cited in 1 Florida opinions naming this issue, 1986–1986
2 sentences

1986See, Jacobs v. Wainwright, ___ U.S. ___, 105 S.Ct. 545 , 83 L.Ed.2d 433 (1984) (facts from Marshal, J., dissenting), denying certiorari in Florida death case where trial court rejected nonstatutory mitigating evidence, and counsel failed to preserve issue on appeal. [14] Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978) (plurality opinion), held an Ohio statute unconstitutional because it limited the mitigating circumstances which may be considered by the sentencer. [15] Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982), a 5-4 decision, held trial cour

1986See, Jacobs v. Wainwright, ___ U.S. ___, 105 S.Ct. 545 , 83 L.Ed.2d 433 (1984) (facts from Marshal, J., dissenting), denying certiorari in Florida death case where trial court rejected nonstatutory mitigating evidence, and counsel failed to preserve issue on appeal. [14] Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978) (plurality opinion), held an Ohio statute unconstitutional because it limited the mitigating circumstances which may be considered by the sentencer. [15] Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982), a 5-4 decision, held trial cour

11
Hall v. Illinoisgreen
scotus · 1978 · cited in 1 Florida opinions naming this issue, 1986–1986
2 sentences

1986See, Jacobs v. Wainwright, ___ U.S. ___, 105 S.Ct. 545 , 83 L.Ed.2d 433 (1984) (facts from Marshal, J., dissenting), denying certiorari in Florida death case where trial court rejected nonstatutory mitigating evidence, and counsel failed to preserve issue on appeal. [14] Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978) (plurality opinion), held an Ohio statute unconstitutional because it limited the mitigating circumstances which may be considered by the sentencer. [15] Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982), a 5-4 decision, held trial cour

1986See, Jacobs v. Wainwright, ___ U.S. ___, 105 S.Ct. 545 , 83 L.Ed.2d 433 (1984) (facts from Marshal, J., dissenting), denying certiorari in Florida death case where trial court rejected nonstatutory mitigating evidence, and counsel failed to preserve issue on appeal. [14] Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978) (plurality opinion), held an Ohio statute unconstitutional because it limited the mitigating circumstances which may be considered by the sentencer. [15] Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982), a 5-4 decision, held trial cour

11
Jordan v. Arizonagreen
scotus · 1978 · cited in 1 Florida opinions naming this issue, 1986–1986
2 sentences

1986See, Jacobs v. Wainwright, ___ U.S. ___, 105 S.Ct. 545 , 83 L.Ed.2d 433 (1984) (facts from Marshal, J., dissenting), denying certiorari in Florida death case where trial court rejected nonstatutory mitigating evidence, and counsel failed to preserve issue on appeal. [14] Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978) (plurality opinion), held an Ohio statute unconstitutional because it limited the mitigating circumstances which may be considered by the sentencer. [15] Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982), a 5-4 decision, held trial cour

1986See, Jacobs v. Wainwright, ___ U.S. ___, 105 S.Ct. 545 , 83 L.Ed.2d 433 (1984) (facts from Marshal, J., dissenting), denying certiorari in Florida death case where trial court rejected nonstatutory mitigating evidence, and counsel failed to preserve issue on appeal. [14] Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978) (plurality opinion), held an Ohio statute unconstitutional because it limited the mitigating circumstances which may be considered by the sentencer. [15] Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982), a 5-4 decision, held trial cour

11
Songer v. Wainwrightgreen
ca11 · 1985 · cited in 1 Florida opinions naming this issue, 1986–1986
2 sentences

1986See, Jacobs v. Wainwright, ___ U.S. ___, 105 S.Ct. 545 , 83 L.Ed.2d 433 (1984) (facts from Marshal, J., dissenting), denying certiorari in Florida death case where trial court rejected nonstatutory mitigating evidence, and counsel failed to preserve issue on appeal. [14] Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978) (plurality opinion), held an Ohio statute unconstitutional because it limited the mitigating circumstances which may be considered by the sentencer. [15] Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982), a 5-4 decision, held trial cour

1986See, Jacobs v. Wainwright, ___ U.S. ___, 105 S.Ct. 545 , 83 L.Ed.2d 433 (1984) (facts from Marshal, J., dissenting), denying certiorari in Florida death case where trial court rejected nonstatutory mitigating evidence, and counsel failed to preserve issue on appeal. [14] Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978) (plurality opinion), held an Ohio statute unconstitutional because it limited the mitigating circumstances which may be considered by the sentencer. [15] Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982), a 5-4 decision, held trial cour

11
Eddings v. Oklahomagreen
scotus · 1982 · cited in 1 Florida opinions naming this issue, 1986–1986
2 sentences

1986See, Jacobs v. Wainwright, ___ U.S. ___, 105 S.Ct. 545 , 83 L.Ed.2d 433 (1984) (facts from Marshal, J., dissenting), denying certiorari in Florida death case where trial court rejected nonstatutory mitigating evidence, and counsel failed to preserve issue on appeal. [14] Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978) (plurality opinion), held an Ohio statute unconstitutional because it limited the mitigating circumstances which may be considered by the sentencer. [15] Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982), a 5-4 decision, held trial cour

1986See, Jacobs v. Wainwright, ___ U.S. ___, 105 S.Ct. 545 , 83 L.Ed.2d 433 (1984) (facts from Marshal, J., dissenting), denying certiorari in Florida death case where trial court rejected nonstatutory mitigating evidence, and counsel failed to preserve issue on appeal. [14] Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978) (plurality opinion), held an Ohio statute unconstitutional because it limited the mitigating circumstances which may be considered by the sentencer. [15] Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982), a 5-4 decision, held trial cour

11
Lockett v. Ohiogreen
scotus · 1978 · cited in 1 Florida opinions naming this issue, 1986–1986
2 sentences

1986See, Jacobs v. Wainwright, ___ U.S. ___, 105 S.Ct. 545 , 83 L.Ed.2d 433 (1984) (facts from Marshal, J., dissenting), denying certiorari in Florida death case where trial court rejected nonstatutory mitigating evidence, and counsel failed to preserve issue on appeal. [14] Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978) (plurality opinion), held an Ohio statute unconstitutional because it limited the mitigating circumstances which may be considered by the sentencer. [15] Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982), a 5-4 decision, held trial cour

1986See, Jacobs v. Wainwright, ___ U.S. ___, 105 S.Ct. 545 , 83 L.Ed.2d 433 (1984) (facts from Marshal, J., dissenting), denying certiorari in Florida death case where trial court rejected nonstatutory mitigating evidence, and counsel failed to preserve issue on appeal. [14] Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978) (plurality opinion), held an Ohio statute unconstitutional because it limited the mitigating circumstances which may be considered by the sentencer. [15] Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982), a 5-4 decision, held trial cour

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Riley v. Wainwright green
fla · 1987
2 sentences

2013In doing so, the court noted the State’s argument that this Lockett claim was procedurally barred — an argument, in essence, that Foster could not seek retroactive application of Lockett . 8 The court rejected this argument: “This Court has settled that question adversely to the state in Riley v. Wainwright, 517 So.2d 656 (Fla.1987).” Id. at 902 n. 3.

2013In doing so, the court noted the State’s argument that this Lockett claim was procedurally barred — an argument, in essence, that Foster could not seek retroactive application of Lockett . 8 The court rejected this argument: “This Court has settled that question adversely to the state in Riley v. Wainwright, 517 So.2d 656 (Fla.1987).” Id. at 902 n. 3.

21987–2013
King v. State green
fla · 1987
2 sentences

1990King, 514 So.2d at 358 . [2] See also Franklin v. Lynaugh, 487 U.S. 164 , 108 S.Ct. 2320 , 101 L.Ed.2d 155 (1988) (no constitutional right to have lingering doubts as to a defendant's guilt considered as a mitigating factor). [3] This issue presents no valid ground for postconviction relief.

1990King, 514 So.2d at 358 . 2 See also Franklin v. Lynaugh, 487 U.S. 164 , 108 S.Ct. 2320 , 101 L.Ed.2d 155 (1988) (no constitutional right to have lingering doubts as to a defendant’s guilt considered as a mitigating factor). 3 This issue presents no valid ground for postconviction relief.

21990–1990
Franklin v. Lynaugh green
scotus · 1988
2 sentences

1990King, 514 So.2d at 358 . 2 See also Franklin v. Lynaugh, 487 U.S. 164 , 108 S.Ct. 2320 , 101 L.Ed.2d 155 (1988) (no constitutional right to have lingering doubts as to a defendant’s guilt considered as a mitigating factor). 3 This issue presents no valid ground for postconviction relief.

1990King, 514 So.2d at 358 . 2 See also Franklin v. Lynaugh, 487 U.S. 164 , 108 S.Ct. 2320 , 101 L.Ed.2d 155 (1988) (no constitutional right to have lingering doubts as to a defendant’s guilt considered as a mitigating factor). 3 This issue presents no valid ground for postconviction relief.

21990–1990
Cooper v. State green
fla · 1983
1 sentence

1988In Cooper II, we rejected petitioner's Lockett claim as procedurally barred. 437 So.2d at 1072 . [3] The trial judge did permit the defense to present evidence on Cooper's general reputation in the community for being a peaceful law-abiding citizen.

11988–1988
Downs v. Dugger green
fla · 1987
1 sentence

1987Downs v. Dugger, 514 So.2d 1069 (Fla. 1987); Thompson v. Dugger, 515 So.2d 173 (Fla. 1987).

11987–1987
Thompson v. Dugger green
fla · 1987
1 sentence

1987Downs v. Dugger, 514 So.2d 1069 (Fla. 1987); Thompson v. Dugger, 515 So.2d 173 (Fla. 1987).

11987–1987
Songer v. Wainwright, Secretary, Florida Department of Corrections, Et Al. green
scotus · 1985
2 sentences

1986In a previous petition in Songer, the United States Supreme Court denied certiorari and, based on facts as stated in the dissenting opinion of Brennan, J., was directly presented with a Lockett claim, which the majority rejected. ___ U.S. ___, 105 S.Ct. 817 , 819-22, 83 L.Ed.2d 809 , 812-14 (1985) (Brennan, J., dissenting from denial of certiorari).

1986In a previous petition in Songer, the United States Supreme Court denied certiorari and, based on facts as stated in the dissenting opinion of Brennan, J., was directly presented with a Lockett claim, which the majority rejected. ___ U.S. ___, 105 S.Ct. 817 , 819-22, 83 L.Ed.2d 809 , 812-14 (1985) (Brennan, J., dissenting from denial of certiorari).

11986–1986
Straight v. Wainwright green
fla · 1982
1 sentence

1983Instructing on all of the statutory aggravating circumstances has been upheld previously in Straight v. Wainwright, 422 So.2d 827 (Fla. 1982).

11983–1983
Witt v. State green
fla · 1980
1 sentence

1983Hitchcock's attempt to distinguish Armstrong is unavailing because the instant claim boils down to merely another Lockett challenge. [3] The claim that the current standard jury instructions (which require instructing only on those lesser degrees of homicide supported by the evidence and which is similar to the instruction upheld in Hopper v. Evans, 456 U.S. 605 , 102 S.Ct. 2049 , 72 L.Ed.2d 367 (1982)) makes the former jury instruction arbitrary because of unchannelled jury discretion does not meet the test set out in Witt v. State, 387 So.2d 922 (Fla.), cert. denied, 449 U.S. 1067 , 101 S.Ct

11983–1983
Hopper v. Evans green
scotus · 1982
2 sentences

1983Hitchcock's attempt to distinguish Armstrong is unavailing because the instant claim boils down to merely another Lockett challenge. [3] The claim that the current standard jury instructions (which require instructing only on those lesser degrees of homicide supported by the evidence and which is similar to the instruction upheld in Hopper v. Evans, 456 U.S. 605 , 102 S.Ct. 2049 , 72 L.Ed.2d 367 (1982)) makes the former jury instruction arbitrary because of unchannelled jury discretion does not meet the test set out in Witt v. State, 387 So.2d 922 (Fla.), cert. denied, 449 U.S. 1067 , 101 S.Ct

1983Hitchcock's attempt to distinguish Armstrong is unavailing because the instant claim boils down to merely another Lockett challenge. [3] The claim that the current standard jury instructions (which require instructing only on those lesser degrees of homicide supported by the evidence and which is similar to the instruction upheld in Hopper v. Evans, 456 U.S. 605 , 102 S.Ct. 2049 , 72 L.Ed.2d 367 (1982)) makes the former jury instruction arbitrary because of unchannelled jury discretion does not meet the test set out in Witt v. State, 387 So.2d 922 (Fla.), cert. denied, 449 U.S. 1067 , 101 S.Ct

11983–1983

Statutes the citing opinions construe

FL § 921.141 (5)

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.

Where else courts name it

FL 12 (1983–2013) TX 7 (2001–2025) IL 6 (1990–2022) AZ 3 (2013–2022) MI 3 (2014–2014) MS 2 (1987–1995) IN 2 (2012–2012)

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.

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