5 Florida opinions name it 1 courts 1983–2007 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 |
|---|---|---|
Provence v. Stategreen1 sentence2007This Court has stated that section 921.141 "is designed to limit the unbridled exercise of judicial discretion in cases where the ultimate penalty is possible." Provence v. State, 337 So.2d 783, 786 (Fla.1976). | 1 | 1 |
Elledge v. Stategreen1 sentence1983In so doing, the trial judge not only committed error under the state law, see Brown v. State, 381 So.2d 690, 696 (Fla. 1980); Elledge v. State, 346 So.2d 998, 1002 (Fla. 1977); he also exceeded the federal constitutional limitations imposed by Furman on capital sentencing by increasing the risk that the death penalty would be imposed in an arbitrary and capricious manner. 685 F.2d 1227, 1267 . | 1 | 1 |
Brown v. Stategreen1 sentence1983In so doing, the trial judge not only committed error under the state law, see Brown v. State, 381 So.2d 690, 696 (Fla. 1980); Elledge v. State, 346 So.2d 998, 1002 (Fla. 1977); he also exceeded the federal constitutional limitations imposed by Furman on capital sentencing by increasing the risk that the death penalty would be imposed in an arbitrary and capricious manner. 685 F.2d 1227, 1267 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sawyer v. Whitley
green
2 sentences2005As a result of Furman and its progeny, states began "adopt[ing] various narrowing factors that limit the class of offenders upon which the sentencer is authorized to impose the death penalty." Sawyer v. Whitley, 505 U.S. 333, 341-42 , 112 S.Ct. 2514 , 120 L.Ed.2d 269 (1992). [16] These narrowing factors are usually set out in a list of aggravating factors that might be utilized in sentencing in cases where the death penalty is authorized as a permissible and possible sanction. 2005As a result of Furman and its progeny, states began "adopt[ing] various narrowing factors that limit the class of offenders upon which the sentencer is authorized to impose the death penalty." Sawyer v. Whitley, 505 U.S. 333, 341-42 , 112 S.Ct. 2514 , 120 L.Ed.2d 269 (1992). [16] These narrowing factors are usually set out in a list of aggravating factors that might be utilized in sentencing in cases where the death penalty is authorized as a permissible and possible sanction. | 1 | 2005–2005 |
Tedder v. State
green
1 sentence1991Ch. 79-353, § 1, Laws of Fla. [2] Although not so found by the trial judge, the facts also clearly supported the finding that the murder was committed while the defendant was engaged in kidnapping under section 921.141(5)(d), Florida Statutes (1985). [3] Of significance to me is the fact that defendant waived consideration of section 921.141(6)(a), Florida Statutes, i.e., that he has no significant history of prior criminal activity. [4] Tedder v. State, 322 So.2d 908 (Fla. 1975). | 1 | 1991–1991 |
Swan v. State
green
1 sentence1985Swan v. State, 322 So.2d 485 (Fla. 1975). | 1 | 1985–1985 |
Charles William Proffitt v. Louie L. Wainwright, Secretary, Florida Department of Offender Rehabilitation
green
1 sentence1983In so doing, the trial judge not only committed error under the state law, see Brown v. State, 381 So.2d 690, 696 (Fla. 1980); Elledge v. State, 346 So.2d 998, 1002 (Fla. 1977); he also exceeded the federal constitutional limitations imposed by Furman on capital sentencing by increasing the risk that the death penalty would be imposed in an arbitrary and capricious manner. 685 F.2d 1227, 1267 . | 1 | 1983–1983 |
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.