5 Florida opinions name it 1 courts 2001–2017 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 |
|---|---|---|
Wilson v. Dougherty Countygreen1 sentence2017Id. at 1106-09. 2. | 1 | 1 |
Guzman v. Stategreen1 sentence2004The HAC aggravator applies "only in torturous murders those that evince extreme and outrageous depravity as exemplified either by the desire to inflict a high degree of pain or utter indifference to or enjoyment of the suffering of another." Rose v. State, 787 So.2d 786, 801 (Fla.2001) (quoting Guzman v. State, 721 So.2d 1155, 1159 (Fla.1998)). | 1 | 1 |
Rose v. Stategreen1 sentence2004The HAC aggravator applies "only in torturous murders those that evince extreme and outrageous depravity as exemplified either by the desire to inflict a high degree of pain or utter indifference to or enjoyment of the suffering of another." Rose v. State, 787 So.2d 786, 801 (Fla.2001) (quoting Guzman v. State, 721 So.2d 1155, 1159 (Fla.1998)). | 1 | 1 |
James v. Stategreen1 sentence2001In addressing this issue, the Eleventh Circuit stated: In James v. State, 615 So.2d 668, 669 (Fla. 1993), the Florida Supreme Court held that "it would not be fair to deprive" a petitioner for collateral relief the benefit of Espinosa if the petitioner raised the vagueness of the HAC jury instruction as an issue on appeal. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hurst v. Florida
green
2 sentences2017ANALYSIS White’s counsel raises four claims on appeal: (1) White’s sentence of death should be reversed based on Hurst v. Florida (Hurst v. Florida), — U.S. —, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016); (2) the State presented insufficient' evidence to support his conviction; (3) the HAC jury instruction is unconstitutional; and (4) White’s sentence of death is disproportionate. 2017ANALYSIS White’s counsel raises four claims on appeal: (1) White’s sentence of death should be reversed based on Hurst v. Florida (Hurst v. Florida), — U.S. —, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016); (2) the State presented insufficient' evidence to support his conviction; (3) the HAC jury instruction is unconstitutional; and (4) White’s sentence of death is disproportionate. | 1 | 2017–2017 |
Ring v. Arizona
green
2 sentences2014V.Ring Claim Davis contends in this claim that his death sentence is unconstitutional based on the United States Supreme Court’s decision in Ring v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002). 2014V.Ring Claim Davis contends in this claim that his death sentence is unconstitutional based on the United States Supreme Court’s decision in Ring v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002). | 1 | 2014–2014 |
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.