Topic: fear, emotional strain, and terror of the victim during the… · Go Syfert
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Topic #15288

5 canonical passages across 4 cases, quoted by 26 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from James v. State.

#Case FlagCanonical passage Citers
1 James v. State Anchor
fla · 1997
green “fear, emotional strain, and terror of the victim during the events leading up to the murder may make an otherwise quick death especially heinous, atrocious, or cruel.” 6
2 Swafford v. State
fla · 1988
red “the victim's mental state may be evaluated for purposes of such determination in accordance with a common-sense inference from the circumstances.” 6
3 Lynch v. State
fla · 2003
green “in determining whether the hac factor was present, the focus should be upon the victim's perceptions of the circumstances as opposed to those of the perpetrator.” 5
4 Brown v. State
fla · 1998
green “the hac aggravator focuses on the means and manner in which death is inflicted and the immediate circumstances surrounding the death.” 5
5 Brown v. State
fla · 1998
green “means and manner in which death is inflicted and the immediate circumstances surrounding the death.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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