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7 Florida opinions name it 1 courts 1981–2003 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 |
|---|---|---|
Voyles v. Mississippigreen2 sentences1987However, our Harvard *427 decision makes clear that by the time of the decision in the case of Songer v. State, 365 So.2d 696 (Fla. 1978), cert. denied, 441 U.S. 956 , 99 S.Ct. 2185 , 60 L.Ed.2d 1060 (1979), the Florida statute had clearly been construed to permit consideration of nonstatutory mitigating circumstances, consistent with the dictates of Lockett . 1982Peek v. State, 395 So.2d 492 (Fla. 1980); see also Songer v. State, 365 So.2d 696 (Fla. 1978), cert. denied, 441 U.S. 956 , 99 S.Ct. 2185 , 60 L.Ed.2d 1060 (1979). | 1 | 2 |
Pavao v. Andersongreen2 sentences1987However, our Harvard *427 decision makes clear that by the time of the decision in the case of Songer v. State, 365 So.2d 696 (Fla. 1978), cert. denied, 441 U.S. 956 , 99 S.Ct. 2185 , 60 L.Ed.2d 1060 (1979), the Florida statute had clearly been construed to permit consideration of nonstatutory mitigating circumstances, consistent with the dictates of Lockett . 1982Peek v. State, 395 So.2d 492 (Fla. 1980); see also Songer v. State, 365 So.2d 696 (Fla. 1978), cert. denied, 441 U.S. 956 , 99 S.Ct. 2185 , 60 L.Ed.2d 1060 (1979). | 1 | 2 |
Songer v. Stategreen2 sentences1987However, our Harvard *427 decision makes clear that by the time of the decision in the case of Songer v. State, 365 So.2d 696 (Fla. 1978), cert. denied, 441 U.S. 956 , 99 S.Ct. 2185 , 60 L.Ed.2d 1060 (1979), the Florida statute had clearly been construed to permit consideration of nonstatutory mitigating circumstances, consistent with the dictates of Lockett . 1982Peek v. State, 395 So.2d 492 (Fla. 1980); see also Songer v. State, 365 So.2d 696 (Fla. 1978), cert. denied, 441 U.S. 956 , 99 S.Ct. 2185 , 60 L.Ed.2d 1060 (1979). | 1 | 2 |
Trease v. Stategreen1 sentence2003In Trease v. State, 768 So.2d 1050, 1055 (Fla.2000), this Court upheld and clarified Florida's death penalty sentencing scheme as to the consideration of mitigating factors as applied here. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lockett v. Ohio
green
2 sentences1985Finally, petitioner contends that appellate counsel should have argued that the trial judge and the prosecutor improperly limited the jury's consideration of mitigating factors in violation of Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978). 1985Finally, petitioner contends that appellate counsel should have argued that the trial judge and the prosecutor improperly limited the jury's consideration of mitigating factors in violation of Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978). | 3 | 1981–1985 |
Floyd v. State
green
1 sentence2003Appellant's fourth, fifth, and sixth claims—that the burden is shifted to the defendant to prove the mitigating circumstances, that the HAC aggravating factor is applied in a vague and inconsistent manner, and that the murder in the course of a felony aggravating factor creates an automatic aggravating factor in all felony murders, resulting in arbitrary application of this aggravating factor must be rejected based upon this Court's recent decision in Floyd v. State, 808 So.2d 175 (Fla.2002). | 1 | 2003–2003 |
Ferguson v. State
green
1 sentence1992Ferguson v. State, 417 So.2d 639 (Fla. 1982) (Carol City); Ferguson v. State, 417 So.2d 631 (Fla. 1982) (Hialeah). | 1 | 1992–1992 |
Ferguson v. State
green
1 sentence1992Ferguson v. State, 417 So.2d 639 (Fla. 1982) (Carol City); Ferguson v. State, 417 So.2d 631 (Fla. 1982) (Hialeah). | 1 | 1992–1992 |
Harvard v. State
green
1 sentence1987Appellant relies on Harvard v. State, 486 So.2d 537 (Fla.), cert. denied, ___ U.S. ___, 107 S.Ct. 215 , 93 L.Ed.2d 144 (1986), where this Court recognized that the Florida death penalty sentencing law could previously have been read to limit the consideration of mitigating factors to those circumstances listed in the statute. | 1 | 1987–1987 |
Fewell v. Fewell
neutral
1 sentence1987Appellant relies on Harvard v. State, 486 So.2d 537 (Fla.), cert. denied, ___ U.S. ___, 107 S.Ct. 215 , 93 L.Ed.2d 144 (1986), where this Court recognized that the Florida death penalty sentencing law could previously have been read to limit the consideration of mitigating factors to those circumstances listed in the statute. | 1 | 1987–1987 |
Brumbaugh v. Brumbaugh
green
1 sentence1987Appellant relies on Harvard v. State, 486 So.2d 537 (Fla.), cert. denied, ___ U.S. ___, 107 S.Ct. 215 , 93 L.Ed.2d 144 (1986), where this Court recognized that the Florida death penalty sentencing law could previously have been read to limit the consideration of mitigating factors to those circumstances listed in the statute. | 1 | 1987–1987 |
Peek v. State
green
1 sentence1982Peek v. State, 395 So.2d 492 (Fla. 1980); see also Songer v. State, 365 So.2d 696 (Fla. 1978), cert. denied, 441 U.S. 956 , 99 S.Ct. 2185 , 60 L.Ed.2d 1060 (1979). | 1 | 1982–1982 |
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.