Hunter claim in Florida

2015On direct appeal, this Court denied Hunter’s claim “that the trial court erred in denying his motion for mistrial as his rights under the Sixth Amendment to confrontation and cross-examination were violated when the State’s witness, Cannon, the fourth perpetrator, refused to be -cross-examined.” Hunter, 8 So.3d at 1065. *709 In a codefendant’s case, Victorino v. State, 127 So.3d 478, 488 (Fla.2013), where the same issue was raised regarding Cannon’s testimony, this Court found that Vic-torino was not prejudiced by trial counsel’s error in failing to preserve alleged error and to move for a mis

2015As we explained in Kimbrough , Hunter’s claim “is subject to our general jurisprudence that non-unanimous jury recommendations to impose the sentence of death are not unconstitutional.” Kimbrough, 125 So.3d at 754 (quoting Mann v. State, 112 So.3d 1158, 1162 (Fla.2013)); see also Parker, 904 So.2d at 383 (“This Court has repeatedly held that it is not unconstitutional for a jury to recommend death on a simple majority vote.”).

2015As we explained in Kimbrough , Hunter’s claim “is subject to our general jurisprudence that non-unanimous jury recommendations to impose the sentence of death are not unconstitutional.” Kimbrough, 125 So.3d at 754 (quoting Mann v. State, 112 So.3d 1158, 1162 (Fla.2013)); see also Parker, 904 So.2d at 383 (“This Court has repeatedly held that it is not unconstitutional for a jury to recommend death on a simple majority vote.”).

2015On direct appeal, this Court denied Hunter’s claim “that the trial court erred in denying his motion for mistrial as his rights under the Sixth Amendment to confrontation and cross-examination were violated when the State’s witness, Cannon, the fourth perpetrator, refused to be -cross-examined.” Hunter, 8 So.3d at 1065. *709 In a codefendant’s case, Victorino v. State, 127 So.3d 478, 488 (Fla.2013), where the same issue was raised regarding Cannon’s testimony, this Court found that Vic-torino was not prejudiced by trial counsel’s error in failing to preserve alleged error and to move for a mis

2012See Hunter v. State, 973 So.2d 1174, 1176 (Fla. 1st DCA 2007) (holding trial court should have granted Hunter’s motion for mistrial where prosecutor asked a question that “implied that he was directly involved in a similar crime”); Holmes v. State, 757 So.2d 620, 621-22 (Fla. 3d DCA 2000) (deeming prosecutor’s “tell[ing an inadmissible fact to] the jury through a leading question” improper and highly prejudicial); Gonzalez v. State, 572 So.2d 999, 1000 (Fla. 3d DCA 1990) (reversing because the prosecutor asked the defendant “whether it was a fact that he was hired to ‘get rid of the alleged [a

2012But cf. Straight v. State, 397 So.2d 903, 908-09 (Fla.1981) (“inconceivable” that prosecutor’s improper question to defendant about unrelated criminal activity affected the verdict, in light of “overwhelming evidence against appellant” and fact that improper comment did not undermine any particular theory of the defense); Carpenter v. State, 664 So.2d 1167, 1169 (Fla. 4th DCA 1995) (“We cannot agree with defendant that the court should have granted defendant’s motion for mistrial ... because the fact insinuated by the question was not so prejudicial as to require a mistrial.”).

2012See Hunter v. State, 973 So.2d 1174, 1176 (Fla. 1st DCA 2007) (holding trial court should have granted Hunter’s motion for mistrial where prosecutor asked a question that “implied that he was directly involved in a similar crime”); Holmes v. State, 757 So.2d 620, 621-22 (Fla. 3d DCA 2000) (deeming prosecutor’s “tell[ing an inadmissible fact to] the jury through a leading question” improper and highly prejudicial); Gonzalez v. State, 572 So.2d 999, 1000 (Fla. 3d DCA 1990) (reversing because the prosecutor asked the defendant “whether it was a fact that he was hired to ‘get rid of the alleged [a

2012See Hunter v. State, 973 So.2d 1174, 1176 (Fla. 1st DCA 2007) (holding trial court should have granted Hunter’s motion for mistrial where prosecutor asked a question that “implied that he was directly involved in a similar crime”); Holmes v. State, 757 So.2d 620, 621-22 (Fla. 3d DCA 2000) (deeming prosecutor’s “tell[ing an inadmissible fact to] the jury through a leading question” improper and highly prejudicial); Gonzalez v. State, 572 So.2d 999, 1000 (Fla. 3d DCA 1990) (reversing because the prosecutor asked the defendant “whether it was a fact that he was hired to ‘get rid of the alleged [a

2008Hunter’s claim lacks merit. “[W]eighing the aggravating circumstances against the mitigating circumstances is the trial judge’s responsibility and it is not this Court’s ‘function to reweigh those factors.’” Bevel v. State, 983 So.2d 505, 522 (Fla.2008) (quoting Hoskins v. State, 965 So.2d 1, 19 (Fla.2007)).

2008Hunter's claim lacks merit. "[W]eighing the aggravating circumstances against the mitigating circumstances is the trial judge's responsibility and it is not this Court's `function to reweigh those factors.'" Bevel v. State, 983 So.2d 505, 522 (Fla.2008) (quoting Hoskins v. State, 965 So.2d 1, 19 (Fla.2007)).

2008Schoenwetter v. State, 931 So.2d 857, 866 (Fla.2006) (citations omitted) (quoting Rolling v. State, 695 So.2d 278, 291 (Fla.1997)).

2008Schoenwetter v. State, 931 So.2d 857, 866 (Fla.2006) (citations omitted) (quoting Rolling v. State, 695 So.2d 278, 291 (Fla. 1997)).

2008Schoenwetter v. State, 931 So.2d 857, 866 (Fla.2006) (citations omitted) (quoting Rolling v. State, 695 So.2d 278, 291 (Fla.1997)).

2008Schoenwetter v. State, 931 So.2d 857, 866 (Fla.2006) (citations omitted) (quoting Rolling v. State, 695 So.2d 278, 291 (Fla. 1997)).

2008Hunter’s claim lacks merit. “[W]eighing the aggravating circumstances against the mitigating circumstances is the trial judge’s responsibility and it is not this Court’s ‘function to reweigh those factors.’” Bevel v. State, 983 So.2d 505, 522 (Fla.2008) (quoting Hoskins v. State, 965 So.2d 1, 19 (Fla.2007)).

2008Hunter's claim lacks merit. "[W]eighing the aggravating circumstances against the mitigating circumstances is the trial judge's responsibility and it is not this Court's `function to reweigh those factors.'" Bevel v. State, 983 So.2d 505, 522 (Fla.2008) (quoting Hoskins v. State, 965 So.2d 1, 19 (Fla.2007)).

2008“A motion for judgment of acquittal should not be granted by the trial court unless there is no view of the evidence which the jury might take favorable to the opposite party that can be sustained under the law.” Coday v. State, 946 So.2d 988, 996 (Fla.2006), cert. denied, -U.S. -, 127 S.Ct. 2918 , 168 L.Ed.2d 249 (2007).

2008"A motion for judgment of acquittal should not be granted by the trial court unless there is no view of the evidence which the jury might take favorable to the opposite party that can be sustained under the law." Coday v. State, 946 So.2d 988, 996 (Fla.2006), cert. denied, ___ U.S. ____, 127 S.Ct. 2918 , 168 L.Ed.2d 249 (2007).

2008As we previously explained, “disparate treatment is permissible where one defendant is more culpable than the others.” Kormondy v. State, 845 So.2d 41, 47 (Fla.2003).

2008As we previously explained, "disparate treatment is permissible where one defendant is more culpable than the others." Kormondy v. State, 845 So.2d 41, 47 (Fla. 2003).

2008“A trial court’s ruling on a motion to suppress comes to the appellate court clothed with a presumption of correctness and the court must interpret the evidence and reasonable inferences and deductions derived therefrom in a manner most favorable to sustaining the trial court’s ruling.” Terry v. State, 668 So.2d 954, 958 (Fla.1996).

2008"A trial court's ruling on a motion to suppress comes to the appellate court clothed with a presumption of correctness and the court must interpret the evidence and reasonable inferences and deductions derived therefrom in a manner most favorable to sustaining the trial court's ruling." Terry v. State, 668 So.2d 954, 958 (Fla. 1996).

2008See Rutherford, 926 So.2d at 1108 .

2005See also State v. Smith, 547 So.2d 613 (Fla.1989) (adopting Hunter analysis for double jeopardy claims of this type).

2002See, e.g., Thor Bear, Inc. v. Crocker Mizner Park, Inc., 648 So.2d 168, 171 (Fla. 4th DCA 1994) ("In considering a motion for a directed verdict, the trial court is required to view the evidence in the light most favorable to the nonmoving party and draw all reasonable conclusions and inferences favorable to the nonmoving party....