existence of mitigating factors (Florida) · Go Syfert
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existence of mitigating factors in Florida

8 Florida opinions name it 1 courts 1978–2026 1 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 (2)

CaseFollowedCited
Ellis v. Stategreen
fla · 1993 · cited in 3 Florida opinions naming this issue, 2003–2026
2 sentences

2026Even so, the State “shall be provided a full opportunity to - 13 - rebut the existence of mitigating factors urged by [the defendant] and to introduce evidence tending to diminish their weight if they cannot be rebutted.” Kormondy v. State, 845 So. 2d 41, 51-52 (Fla. 2003) (quoting Ellis v. State, 622 So. 2d 991, 1001 (Fla. 1993)).

2003In Ellis v. State, 622 So.2d 991 (Fla.1993), this Court said that the State "shall be provided a full opportunity to rebut the existence of mitigating factors urged by [the defendant] Ellis and to introduce evidence tending to diminish their weight if they cannot be rebutted." Id. at 1001 .

23
Kormondy v. Stategreen
fla · 2003 · cited in 2 Florida opinions naming this issue, 2009–2026
2 sentences

2026Even so, the State “shall be provided a full opportunity to - 13 - rebut the existence of mitigating factors urged by [the defendant] and to introduce evidence tending to diminish their weight if they cannot be rebutted.” Kormondy v. State, 845 So. 2d 41, 51-52 (Fla. 2003) (quoting Ellis v. State, 622 So. 2d 991, 1001 (Fla. 1993)).

2009Kormondy v. State, 845 So.2d 41, 51-52 (Fla.2003) (citation omitted) (quoting Ellis v. State, 622 So.2d 991, 1001 (Fla.1993)).

22

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 (9)

CaseCitedYears
Ring v. Arizona green
scotus · 2002
2 sentences

2014ISSUES ON APPEAL Martin raises the following issues in this appeal: (1) whether the trial court made improper findings of fact and gave insufficient consideration in mitigation to Martin’s intellectual functioning; (2) whether the trial court failed to consider, find, and weigh as a mitigating circumstance that Martin had a history of drug and alcohol abuse; (3) whether the trial court erred in finding that the homicide was committed in a cold, calculated, and premeditated manner and was especially heinous, atrocious, or. cruel; and (4) whether Florida’s death penalty scheme is unconstitutiona

2014ISSUES ON APPEAL Martin raises the following issues in this appeal: (1) whether the trial court made improper findings of fact and gave insufficient consideration in mitigation to Martin’s intellectual functioning; (2) whether the trial court failed to consider, find, and weigh as a mitigating circumstance that Martin had a history of drug and alcohol abuse; (3) whether the trial court erred in finding that the homicide was committed in a cold, calculated, and premeditated manner and was especially heinous, atrocious, or. cruel; and (4) whether Florida’s death penalty scheme is unconstitutiona

12014–2014
The Florida Bar v. Graham green
fla · 1992
1 sentence

2000Id. at 55 .

12000–2000
Koon v. Dugger green
fla · 1993
1 sentence

1995Id.

11995–1995
Stano v. State green
fla · 1984
1 sentence

1987Stano v. State, 460 So.2d 890 (Fla. 1984), cert. denied, 471 U.S. 1111 , 105 S.Ct. 2347 , 85 L.Ed.2d 863 (1985); Smith v. State, 407 So.2d 894 (Fla. 1981), cert. denied, 456 U.S. 984 , 102 S.Ct. 2260 , 72 L.Ed.2d 864 (1982).

11987–1987
Federated Publications, Inc. v. Swedberg green
scotus · 1982
1 sentence

1987Stano v. State, 460 So.2d 890 (Fla. 1984), cert. denied, 471 U.S. 1111 , 105 S.Ct. 2347 , 85 L.Ed.2d 863 (1985); Smith v. State, 407 So.2d 894 (Fla. 1981), cert. denied, 456 U.S. 984 , 102 S.Ct. 2260 , 72 L.Ed.2d 864 (1982).

11987–1987
Sireci v. Florida green
scotus · 1982
1 sentence

1987Stano v. State, 460 So.2d 890 (Fla. 1984), cert. denied, 471 U.S. 1111 , 105 S.Ct. 2347 , 85 L.Ed.2d 863 (1985); Smith v. State, 407 So.2d 894 (Fla. 1981), cert. denied, 456 U.S. 984 , 102 S.Ct. 2260 , 72 L.Ed.2d 864 (1982).

11987–1987
Baldwin-United Corp. v. Eubanks green
scotus · 1985
1 sentence

1987Stano v. State, 460 So.2d 890 (Fla. 1984), cert. denied, 471 U.S. 1111 , 105 S.Ct. 2347 , 85 L.Ed.2d 863 (1985); Smith v. State, 407 So.2d 894 (Fla. 1981), cert. denied, 456 U.S. 984 , 102 S.Ct. 2260 , 72 L.Ed.2d 864 (1982).

11987–1987
Smith v. State green
fla · 1981
1 sentence

1987Stano v. State, 460 So.2d 890 (Fla. 1984), cert. denied, 471 U.S. 1111 , 105 S.Ct. 2347 , 85 L.Ed.2d 863 (1985); Smith v. State, 407 So.2d 894 (Fla. 1981), cert. denied, 456 U.S. 984 , 102 S.Ct. 2260 , 72 L.Ed.2d 864 (1982).

11987–1987
Miller v. State green
fla · 1976
1 sentence

1978Section 921.141(6)(f), Florida Statutes (1977); cf. Miller v. State, 332 So.2d 65 (Fla. 1976) (depriving jury of psychiatric testimony relevant to mitigation rendered death sentence improper).

11978–1978

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

IL 91 (1987–2026) NY 70 (1980–2026) NJ 18 (1983–2009) OH 16 (1987–2020) NC 16 (1979–2018) CA 11 (1976–2026) MD 8 (2001–2025) FL 8 (1978–2026) IN 6 (1986–2014) PA 6 (1990–2018) AZ 5 (1981–2011) MN 5 (2007–2017) CT 4 (1999–2009) CO 4 (1990–2001) AL 3 (2007–2022) ME 3 (2010–2011) LA 2 (2010–2024) IA 2 (2022–2025) WA 2 (2013–2013)

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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