CopyCited 36 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 13205, 2010 WL 2519268
...efficiency deficit along with any new unfavorable evidence would have caused at
least one new juror to vote for life and no new jurors to vote for death. Each juror
who participated in Suggs’s penalty phase necessarily was willing to recommend a
sentence of death. Fla. Stat. § 913.13....
CopyCited 34 times | Published | Supreme Court of Florida
...See Campbell v. State,
227 So.2d 873 (Fla. 1969); Paramore v. State,
229 So.2d 855 (Fla. 1969). A person who has beliefs which preclude him from finding a defendant guilty of an offense punishable by death is not qualified as a juror in a capital case. Section
913.13, Florida Statutes (1975)....
CopyCited 22 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 434
...Aside from the fact that neither side requested it, we see no compelling reason why the judge should have excused the juror from the guilt phase. She said that despite her feelings about imposing the death penalty she would render a verdict as to guilt or innocence based solely on the law and the evidence. Therefore, section 913.13, Florida Statutes (1985), does not apply, as it disqualifies only those who cannot vote for guilt in a capital case....
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 7825, 1988 WL 58554
...The trial counsel prefers to conserve these very valuable peremptory strikes and therefore prefers that the undesirable person be eliminated without the expenditure of a peremptory. Sometimes this can be accomplished by demonstrating that the prospective juror is disqualified. Fla.Stat.Ann. Secs.
913.03,
913.13 (West 1985)....
...844, 852 ,
83 L.Ed.2d 841 (1985) (footnote omitted), (quoting Adams,
448 U.S. at 45 ,
100 S.Ct. at 2526 ); see Campbell v. State,
227 So.2d 873, 876-77 (Fla.1969), cert. dismissed sub nom. Campbell v. Florida,
400 U.S. 801 ,
91 S.Ct. 7 ,
27 L.Ed.2d 33 (1970); Fla.Stat.Ann. Sec.
913.13 (West 1985)....
CopyPublished | Florida 1st District Court of Appeal | 2016 WL 1295073, 2016 Fla. App. LEXIS 5169
...The death penalty has not been legally possible for an offense committed by a juvenile since Roper v. Simmons,
543 U.S. 551 ,
125 S.Ct. 1183 ,
161 L.Ed.2d 1 (2005). The Florida Legislature plainly undérstands a capital case for purposes of chapter 913 is one where the death penalty is possible as evidenced by section
913.13, which excludes from jury service in a capital case any person who has an opposition to the death penalty....
