Florida Statute 921.141 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

View Entire Chapter

F.S. 921.141

921.141 Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence.—

(1) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.—Upon conviction or adjudication of guilt of a defendant of a capital felony, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment as authorized by s. 775.082. The proceeding shall be conducted by the trial judge before the trial jury as soon as practicable. If, through impossibility or inability, the trial jury is unable to reconvene for a hearing on the issue of penalty, having determined the guilt of the accused, the trial judge may summon a special juror or jurors as provided in chapter 913 to determine the issue of the imposition of the penalty. If the trial jury has been waived, or if the defendant pleaded guilty, the sentencing proceeding shall be conducted before a jury impaneled for that purpose, unless waived by the defendant. In the proceeding, evidence may be presented as to any matter that the court deems relevant to the nature of the crime and the character of the defendant and shall include matters relating to any of the aggravating factors enumerated in subsection (6) and for which notice has been provided pursuant to s. 782.04(1)(b) or mitigating circumstances enumerated in subsection (7). Any such evidence that the court deems to have probative value may be received, regardless of its admissibility under the exclusionary rules of evidence, provided the defendant is accorded a fair opportunity to rebut any hearsay statements. However, this subsection shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or the Constitution of the State of Florida. The state and the defendant or the defendant’s counsel shall be permitted to present argument for or against sentence of death.

(2) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This subsection applies only if the defendant has not waived his or her right to a sentencing proceeding by a jury.

(a) After hearing all of the evidence presented regarding aggravating factors and mitigating circumstances, the jury shall deliberate and determine if the state has proven, beyond a reasonable doubt, the existence of at least one aggravating factor set forth in subsection (6).

(b) The jury shall return findings identifying each aggravating factor found to exist. A finding that an aggravating factor exists must be unanimous. If the jury:

1. Does not unanimously find at least one aggravating factor, the defendant is ineligible for a sentence of death.

2. Unanimously finds at least one aggravating factor, the defendant is eligible for a sentence of death and the jury shall make a recommendation to the court as to whether the defendant shall be sentenced to life imprisonment without the possibility of parole or to death. The recommendation shall be based on a weighing of all of the following:

a. Whether sufficient aggravating factors exist.

b. Whether aggravating factors exist which outweigh the mitigating circumstances found to exist.

c. Based on the considerations in sub-subparagraphs a. and b., whether the defendant should be sentenced to life imprisonment without the possibility of parole or to death.

(c) If at least eight jurors determine that the defendant should be sentenced to death, the jury’s recommendation to the court must be a sentence of death. If fewer than eight jurors determine that the defendant should be sentenced to death, the jury’s recommendation to the court must be a sentence of life imprisonment without the possibility of parole.

(3) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—

(a) If the jury has recommended a sentence of:

1. Life imprisonment without the possibility of parole, the court shall impose the recommended sentence of life.

2. Death, and at least eight jurors recommend a sentence of death, the court, after considering each aggravating factor found by the jury and all mitigating circumstances, may impose a sentence of life imprisonment without the possibility of parole or a sentence of death. The court may consider only an aggravating factor that was unanimously found to exist by the jury. The court may impose a sentence of death only if the jury unanimously finds at least one aggravating factor beyond a reasonable doubt.

(b) If the defendant waived his or her right to a sentencing proceeding by a jury, the court, after considering all aggravating factors and mitigating circumstances, may impose a sentence of life imprisonment without the possibility of parole or a sentence of death. The court may impose a sentence of death only if the court finds that at least one aggravating factor has been proven to exist beyond a reasonable doubt.

(4) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—In each case in which the court imposes a sentence of life imprisonment without the possibility of parole or death, the court shall, considering the records of the trial and the sentencing proceedings, enter a written order addressing the aggravating factors set forth in subsection (6) found to exist, the mitigating circumstances in subsection (7) reasonably established by the evidence, whether there are sufficient aggravating factors to warrant the death penalty, and whether the aggravating factors outweigh the mitigating circumstances reasonably established by the evidence. The court must include in its written order the reasons for not accepting the jury’s recommended sentence, if applicable. If the court does not issue its order requiring the death sentence within 30 days after the rendition of the judgment and sentence, the court shall impose a sentence of life imprisonment without the possibility of parole in accordance with s. 775.082.

(5) REVIEW OF JUDGMENT AND SENTENCE.—The judgment of conviction and sentence of death shall be subject to automatic review by the Supreme Court of Florida and disposition rendered within 2 years after the filing of a notice of appeal. Such review by the Supreme Court shall have priority over all other cases and shall be heard in accordance with rules adopted by the Supreme Court.

(6) AGGRAVATING FACTORS.—Aggravating factors shall be limited to the following:

(a) The capital felony was committed by a person previously convicted of a felony and under sentence of imprisonment or placed on community control or on felony probation.

(b) The defendant was previously convicted of another capital felony or of a felony involving the use or threat of violence to the person.

(d) The capital felony was committed while the defendant was engaged, or was an accomplice, in the commission of, or an attempt to commit, or flight after committing or attempting to commit, any: robbery; sexual battery; aggravated child abuse; abuse of an elderly person or disabled adult resulting in great bodily harm, permanent disability, or permanent disfigurement; arson; burglary; kidnapping; aircraft piracy; or unlawful throwing, placing, or discharging of a destructive device or bomb.

(e) The capital felony was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.

(f) The capital felony was committed for pecuniary gain.

(g) The capital felony was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.

(h) The capital felony was especially heinous, atrocious, or cruel.

(i) The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification.

(j) The victim of the capital felony was a law enforcement officer engaged in the performance of his or her official duties.

(k) The victim of the capital felony was an elected or appointed public official engaged in the performance of his or her official duties if the motive for the capital felony was related, in whole or in part, to the victim’s official capacity.

(l) The victim of the capital felony was a person less than 12 years of age.

(m) The victim of the capital felony was particularly vulnerable due to advanced age or disability, or because the defendant stood in a position of familial or custodial authority over the victim.

(n) The capital felony was committed by a criminal gang member, as defined in s. 874.03.

(o) The capital felony was committed by a person designated as a sexual predator pursuant to s. 775.21 or a person previously designated as a sexual predator who had the sexual predator designation removed.

(p) The capital felony was committed by a person subject to an injunction issued pursuant to s. 741.30 or s. 784.046, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, and was committed against the petitioner who obtained the injunction or protection order or any spouse, child, sibling, or parent of the petitioner.

(7) MITIGATING CIRCUMSTANCES.—Mitigating circumstances shall be the following:

(a) The defendant has no significant history of prior criminal activity.

(b) The capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance.

(d) The defendant was an accomplice in the capital felony committed by another person and his or her participation was relatively minor.

(e) The defendant acted under extreme duress or under the substantial domination of another person.

(f) The capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was substantially impaired.

(g) The age of the defendant at the time of the crime.

(h) The existence of any other factors in the defendant’s background that would mitigate against imposition of the death penalty.

(8) VICTIM IMPACT EVIDENCE.—Once the prosecution has provided evidence of the existence of one or more aggravating factors as described in subsection (6), the prosecution may introduce, and subsequently argue, victim impact evidence to the jury. Such evidence shall be designed to demonstrate the victim’s uniqueness as an individual human being and the resultant loss to the community’s members by the victim’s death. Characterizations and opinions about the crime, the defendant, and the appropriate sentence shall not be permitted as a part of victim impact evidence.

(9) APPLICABILITY.—This section does not apply to a person convicted or adjudicated guilty of a capital sexual battery under s. 794.011 or a capital drug trafficking felony under s. 893.135.

History.—s. 237a, ch. 19554, 1939; CGL 1940 Supp. 8663(246); s. 119, ch. 70-339; s. 1, ch. 72-72; s. 9, ch. 72-724; s. 1, ch. 74-379; s. 248, ch. 77-104; s. 1, ch. 77-174; s. 1, ch. 79-353; s. 177, ch. 83-216; s. 1, ch. 87-368; s. 10, ch. 88-381; s. 3, ch. 90-112; s. 1, ch. 91-270; s. 1, ch. 92-81; s. 1, ch. 95-159; s. 5, ch. 96-290; s. 1, ch. 96-302; s. 7, ch. 2005-28; s. 2, ch. 2005-64; s. 27, ch. 2008-238; s. 25, ch. 2010-117; s. 1, ch. 2010-120; s. 3, ch. 2016-13; s. 49, ch. 2016-24; s. 1, ch. 2017-1; s. 129, ch. 2019-167; s. 1, ch. 2023-23; s. 4, ch. 2023-25.

Note.—Former s. 919.23.

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Amendments to 921.141

Annotations, Discussions, Cases:

Cases Citing Statute 921.141

Total Results: 1000

State v. Dixon

283 So. 2d 1

Supreme Court of Florida | Filed: Jul 26, 1973 | Docket: 401064

Cited 576 times | Published

of the penalty of death pursuant to Fla. Stat. § 921.141, F.S.A., which became effective December 8, 1972

Timothy Lee Hurst v. State of Florida

202 So. 3d 40, 41 Fla. L. Weekly Supp. 433, 2016 Fla. LEXIS 2305

Supreme Court of Florida | Filed: Oct 14, 2016 | Docket: 4481083

Cited 537 times | Published

State, 147 So.3d at 445-46. We concluded that section 921.141, Florida Statutes (2012), the capital sentencing

Steinhorst v. State

412 So. 2d 332

Supreme Court of Florida | Filed: Mar 4, 1982 | Docket: 1432679

Cited 387 times | Published

the crime of kidnapping [Florida Statutes, Section 921.141(5)(d)]. The defendant was involved in a marijuana

Tedder v. State

322 So. 2d 908

Supreme Court of Florida | Filed: Nov 19, 1975 | Docket: 396826

Cited 379 times | Published

conviction for first degree murder. Pursuant to Section 921.141, Fla. Stat. (1973), a second jury trial was

Spencer v. State

615 So. 2d 688, 1993 WL 74255

Supreme Court of Florida | Filed: Mar 18, 1993 | Docket: 1184689

Cited 374 times | Published

should be imposed, then, in accordance with section 921.141, Florida Statutes (1983), the judge must set

Spencer v. State

615 So. 2d 688, 1993 WL 74255

Supreme Court of Florida | Filed: Mar 18, 1993 | Docket: 1184689

Cited 374 times | Published

should be imposed, then, in accordance with section 921.141, Florida Statutes (1983), the judge must set

Jones v. Secretary, Florida Department of Corrections

834 F.3d 1299, 2016 U.S. App. LEXIS 15705, 2016 WL 4474677

Court of Appeals for the Eleventh Circuit | Filed: Aug 25, 2016 | Docket: 4416432

Cited 255 times | Published

engaged in the commission of a robbery, id., § 921.141(5)(d); and (3) the murder was especially heinous

Terry v. State

668 So. 2d 954, 1996 WL 2056

Supreme Court of Florida | Filed: Jan 4, 1996 | Docket: 1686964

Cited 247 times | Published

age statutory mitigating circumstance under section 921.141(6)(g), Florida Statutes (1993). After the penalty

Bernard Bolender, A/K/A Bernard Bolander v. Harry K. Singletary, Secretary, Florida Department of Corrections

16 F.3d 1547, 1994 U.S. App. LEXIS 4479, 1994 WL 73855

Court of Appeals for the Eleventh Circuit | Filed: Mar 11, 1994 | Docket: 540920

Cited 211 times | Published

mitigating circumstances. See Fla.Stat.Ann. § 921.141(1)-(3) (West 1985); Cooper v. Wainwright

Campbell v. State

571 So. 2d 415, 1990 WL 205895

Supreme Court of Florida | Filed: Jun 14, 1990 | Docket: 1653472

Cited 203 times | Published

did not suffer from impaired capacity under section 921.141(6)(f), Florida Statutes (1985), because no

Urbin v. State

714 So. 2d 411, 1998 WL 223432

Supreme Court of Florida | Filed: May 7, 1998 | Docket: 461611

Cited 193 times | Published

the use or threat of violence to the person, § 921.141(5)(b), Fla. Stat. (1995); (2) the murder was committed

Urbin v. State

714 So. 2d 411, 1998 WL 223432

Supreme Court of Florida | Filed: May 7, 1998 | Docket: 461611

Cited 193 times | Published

the use or threat of violence to the person, § 921.141(5)(b), Fla. Stat. (1995); (2) the murder was committed

Rogers v. State

511 So. 2d 526, 12 Fla. L. Weekly 368

Supreme Court of Florida | Filed: Jul 9, 1987 | Docket: 365218

Cited 182 times | Published

phase to those matters provided by statute. See § 921.141, Fla. Stat. (1985). However, we find no error

Charles William Proffitt v. Louie L. Wainwright, Secretary, Florida Department of Offender Rehabilitation

685 F.2d 1227

Court of Appeals for the Eleventh Circuit | Filed: Sep 17, 1982 | Docket: 595786

Cited 180 times | Published

capital crime statute enacted in 1972, Fla.Stat. § 921.141 (1973), after Furman v. Georgia had declared unconstitutional

Straight v. State

397 So. 2d 903

Supreme Court of Florida | Filed: Mar 19, 1981 | Docket: 333460

Cited 172 times | Published

death is appropriate to this case under the law. § 921.141(4), Fla. Stat. (1975). We affirm the conviction

Provence v. State

337 So. 2d 783

Supreme Court of Florida | Filed: Jul 21, 1976 | Docket: 308576

Cited 167 times | Published

existence of two aggravating circumstances under Section 921.141(5)(d) and (f), Florida Statutes, and no mitigating

Pedro Medina v. Harry K. Singletary, Florida Department of Corrections

59 F.3d 1095, 1995 U.S. App. LEXIS 17270, 1995 WL 417614

Court of Appeals for the Eleventh Circuit | Filed: Jul 17, 1995 | Docket: 1048216

Cited 161 times | Published

criminal activity.” See Fla.Stat. § 921.141. The court found that the aggravating circumstances

Pope v. Wainwright

496 So. 2d 798, 11 Fla. L. Weekly 533

Supreme Court of Florida | Filed: Oct 16, 1986 | Docket: 428313

Cited 160 times | Published

the current capital felony sentencing law, section 921.141, Florida Statutes (1985), a murder trial proceeds

Nollie Lee Martin v. Louie L. Wainwright

770 F.2d 918, 78 A.L.R. Fed. 515, 1985 U.S. App. LEXIS 21452

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 1985 | Docket: 594541

Cited 160 times | Published

the character of the defendant.” Fla.Stat.Ann. § 921.141(1) (West 1985). A prosecutor’s argument in the

Rodriguez v. State

753 So. 2d 29, 2000 WL 124379

Supreme Court of Florida | Filed: Feb 3, 2000 | Docket: 2514803

Cited 157 times | Published

State of Florida. § 921.141(1), Fla. Stat. (1997) (emphasis supplied). Under section 921.141, the linchpin

Elledge v. State

346 So. 2d 998

Supreme Court of Florida | Filed: Apr 7, 1977 | Docket: 1271147

Cited 155 times | Published

death of Margaret Anne Strack. Pursuant to Section 921.141, Florida Statutes, a penalty trial was held

Fitzpatrick v. State

900 So. 2d 495, 2005 WL 168510

Supreme Court of Florida | Filed: Apr 21, 2005 | Docket: 463018

Cited 154 times | Published

Fitzpatrick's grand theft conviction was not in error. Section 921.141(5)(a) of the Florida Statutes (2001) allows

Bottoson v. Moore

833 So. 2d 693, 2002 WL 31386790

Supreme Court of Florida | Filed: Oct 24, 2002 | Docket: 1258650

Cited 153 times | Published

follow the sentencing procedures outlined in section 921.141, Florida Statutes (2001). Thus, in both capital

Evans v. Secretary, Department of Corrections

703 F.3d 1316, 2013 U.S. App. LEXIS 296, 2013 WL 50208

Court of Appeals for the Eleventh Circuit | Filed: Jan 4, 2013 | Docket: 650197

Cited 152 times | Published

Stat. § 921.141(5)(b), and (2) the crime was committed while Evans was on probation, id. § 921.141(5)(a)

Muhammad v. State

782 So. 2d 343, 2001 WL 40365

Supreme Court of Florida | Filed: Jan 18, 2001 | Docket: 2000672

Cited 152 times | Published

the role of the advisory jury. Pursuant to section 921.141(2), Florida Statutes (1995), the jury's advisory

England v. State

940 So. 2d 389, 2006 WL 1472909

Supreme Court of Florida | Filed: Sep 28, 2006 | Docket: 433583

Cited 151 times | Published

own behalf during the penalty phase. Both section 921.141(1), Florida Statutes (2005), and Florida Rule

Jackson v. State

648 So. 2d 85, 1994 WL 137914

Supreme Court of Florida | Filed: Oct 13, 1994 | Docket: 475408

Cited 149 times | Published

instruction, which mirrors the language of section 921.141(5)(i), was upheld by this Court in Brown v

Stephens v. State

787 So. 2d 747, 2001 WL 252160

Supreme Court of Florida | Filed: Mar 15, 2001 | Docket: 1745075

Cited 148 times | Published

the trial court erred in failing to declare section 921.141, Florida Statutes (1997), unconstitutional

Porter v. State

564 So. 2d 1060, 1990 WL 82927

Supreme Court of Florida | Filed: Jun 14, 1990 | Docket: 2504725

Cited 148 times | Published

manner without any moral or legal justification. § 921.141(5)(i), Fla. Stat. (1985). To avoid arbitrary and

Craig v. State

510 So. 2d 857, 12 Fla. L. Weekly 269

Supreme Court of Florida | Filed: May 28, 1987 | Docket: 1592314

Cited 143 times | Published

imposed upon the defendant for the two murders. See § 921.141, Fla. Stat. (1981). After hearing evidence and

Spencer v. State

645 So. 2d 377, 1994 WL 513570

Supreme Court of Florida | Filed: Sep 22, 1994 | Docket: 1223003

Cited 138 times | Published

opportunity to rebut any hearsay statements." § 921.141(1), Fla. Stat. (Supp. 1992). This hearsay testimony

Lightbourne v. State

438 So. 2d 380

Supreme Court of Florida | Filed: Sep 15, 1983 | Docket: 1446349

Cited 138 times | Published

defendant attacks the constitutionality of section 921.141, arguing that the aggravating and mitigating

Ian Lightbourne v. Richard L. Dugger, Secretary, Florida Department of Corrections, Robert A. Butterworth, Attorney General

829 F.2d 1012

Court of Appeals for the Eleventh Circuit | Filed: Nov 30, 1987 | Docket: 264057

Cited 137 times | Published

of prior criminal activity, see FIa.Stat.Ann. § 921.141(6)(a) (West 1985) and that petitioner was only

Hunter v. State

660 So. 2d 244, 1995 WL 324080

Supreme Court of Florida | Filed: Jun 1, 1995 | Docket: 1639619

Cited 134 times | Published

Hunter challenges the constitutionality of section 921.141, Florida Statutes (1993), on numerous grounds

Morris v. Secretary, Department of Corrections

677 F.3d 1117, 2012 WL 1370848, 2012 U.S. App. LEXIS 8067

Court of Appeals for the Eleventh Circuit | Filed: Apr 20, 2012 | Docket: 875891

Cited 130 times | Published

from a previous felony (robbery), Fla. Stat. § 921.141(5)(a), which the trial court accorded moderate

Jent v. State

408 So. 2d 1024

Supreme Court of Florida | Filed: Dec 3, 1981 | Docket: 1449700

Cited 128 times | Published

L.Ed.2d 862 (1980), the appellant attacked section 921.141 in its entirety as an unconstitutional incursion

Jent v. State

408 So. 2d 1024

Supreme Court of Florida | Filed: Dec 3, 1981 | Docket: 1449700

Cited 128 times | Published

L.Ed.2d 862 (1980), the appellant attacked section 921.141 in its entirety as an unconstitutional incursion

Robert Anthony Preston, Jr. v. Secretary, Florida Department of Corrections

785 F.3d 449, 2015 U.S. App. LEXIS 7098, 2015 WL 1926218

Court of Appeals for the Eleventh Circuit | Filed: Apr 29, 2015 | Docket: 2653286

Cited 127 times | Published

a prior violent felony conviction, Fla. Stat. § 921.141(5)(b); the murder was committed immediately after

Brooks v. State

762 So. 2d 879, 2000 WL 674581

Supreme Court of Florida | Filed: May 25, 2000 | Docket: 57131

Cited 124 times | Published

a statutory mitigating circumstance under section 921.141(6)(h), Florida Statutes (Supp. 1996),[10] and

Grossman v. State

525 So. 2d 833, 1988 WL 53956

Supreme Court of Florida | Filed: Feb 18, 1988 | Docket: 1271217

Cited 124 times | Published

to death. Florida's death penalty statute, section 921.141, Florida Statutes (1983), provides that the

James Adams v. Louie L. Wainwright

709 F.2d 1443

Court of Appeals for the Eleventh Circuit | Filed: Sep 12, 1983 | Docket: 168374

Cited 122 times | Published

under sentence of imprisonment, Fla.Stat.Ann. § 921.141(5)(a); (2) the commission of the homicide by an

Cooper v. State

336 So. 2d 1133

Supreme Court of Florida | Filed: Jul 8, 1976 | Docket: 379275

Cited 119 times | Published

The sole issue in a sentencing hearing under Section 921.141, Florida Statutes (1975), is to examine in

Riley v. State

366 So. 2d 19

Supreme Court of Florida | Filed: Oct 26, 1978 | Docket: 638367

Cited 118 times | Published

the list of enumerated factors prescribed by Section 921.141, Florida Statutes (1975), and second because

Card v. State

803 So. 2d 613, 2001 WL 1194257

Supreme Court of Florida | Filed: Oct 11, 2001 | Docket: 1784598

Cited 115 times | Published

introduced during the resentencing proceeding.[12] Section 921.141(7), Florida Statutes (1999), allows the State

Rutherford v. State

727 So. 2d 216, 1998 WL 904306

Supreme Court of Florida | Filed: Dec 17, 1998 | Docket: 2518023

Cited 115 times | Published

opportunity to rebut any hearsay statements." § 921.141(1), Fla. Stat. (1985). Given the wide latitude

King v. Moore

831 So. 2d 143, 2002 WL 31386234

Supreme Court of Florida | Filed: Oct 24, 2002 | Docket: 1387398

Cited 113 times | Published

for the imposition of the death penalty.[14]See § 921.141, Fla. Stat. (1971). In response to the United

Johnston v. State

863 So. 2d 271, 2003 WL 22349638

Supreme Court of Florida | Filed: Oct 16, 2003 | Docket: 401179

Cited 111 times | Published

the use or threat of violence to the person, § 921.141(5)(b), Fla. Stat. (Supp.1996), and (2) the capital

Johnston v. State

863 So. 2d 271, 2003 WL 22349638

Supreme Court of Florida | Filed: Oct 16, 2003 | Docket: 401179

Cited 111 times | Published

the use or threat of violence to the person, § 921.141(5)(b), Fla. Stat. (Supp.1996), and (2) the capital

Peede v. State

748 So. 2d 253, 1999 WL 628787

Supreme Court of Florida | Filed: Aug 19, 1999 | Docket: 1504592

Cited 111 times | Published

see § 921.141(6)(f), Fla. Stat. (1997); and (2) acting under extreme duress. See id. § 921.141(6)(e)

Lucas v. Secretary, Department of Corrections

682 F.3d 1342, 2012 WL 2053300, 2012 U.S. App. LEXIS 11684

Court of Appeals for the Eleventh Circuit | Filed: Jun 8, 2012 | Docket: 754719

Cited 108 times | Published

the person (the attempted murders), Fla. Stat. § 921.141 (5)(b); and (2) the first-degree murder of Piper

Mark James Asay v. State of Florida, SC16-102 Mark James Asay v. Julie L. Jones, etc. & SC16-628 Mark James Asay v. Julie L. Jones, etc.

210 So. 3d 1

Supreme Court of Florida | Filed: Dec 22, 2016 | Docket: 4556945

Cited 104 times | Published

evidentiary hearing before a jury. Fla. Stat. § 921.141(1) (2010). Next, the jury renders an “advisory

Morrison v. State

818 So. 2d 432, 2002 WL 432561

Supreme Court of Florida | Filed: Mar 21, 2002 | Docket: 1169841

Cited 103 times | Published

instance, is an error. Under the authority of section 921.141(5)(m), Florida Statutes (1997),[14] the trial

Swafford v. State

533 So. 2d 270, 1988 WL 101552

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 401031

Cited 97 times | Published

purpose of avoiding or preventing a lawful arrest." § 921.141(5)(e), Fla. Stat. (1985). A motive to eliminate

Chandler v. State

702 So. 2d 186, 1997 WL 633729

Supreme Court of Florida | Filed: Oct 16, 1997 | Docket: 2313637

Cited 96 times | Published

convicted of prior violent and capital felonies, section 921.141(5)(b), Florida Statutes (1993); (2) the murders

Windom v. State

656 So. 2d 432

Supreme Court of Florida | Filed: Apr 27, 1995 | Docket: 1283385

Cited 96 times | Published

Section 16, and the Florida Legislature in section 921.141(7), Florida Statutes (1993), instruct that

Finney v. State

660 So. 2d 674, 1995 WL 424173

Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 1637701

Cited 95 times | Published

the murder was committed for pecuniary gain. § 921.141(5)(f). In order to establish this aggravating

Roy Allen Harich v. Richard Dugger, Secretary, Florida Department of Corrections, Respondent

844 F.2d 1464, 1988 U.S. App. LEXIS 5192, 1988 WL 39117

Court of Appeals for the Eleventh Circuit | Filed: Apr 21, 1988 | Docket: 634008

Cited 90 times | Published

trial judge actually imposes sentence. Fla.Stat. § 921.141 (1985). Because the trial judge is required by

Donaldson v. State

722 So. 2d 177, 1998 WL 207909

Supreme Court of Florida | Filed: Apr 30, 1998 | Docket: 1241889

Cited 88 times | Published

after the fact as a prior violent felony under section 921.141(5)(b), Florida Statutes (1993).[8] We agree

Walker v. State

707 So. 2d 300, 1997 WL 539438

Supreme Court of Florida | Filed: Sep 4, 1997 | Docket: 1260222

Cited 88 times | Published

with Florida's jury *315 override provision. See § 921.141(3), Florida Statutes (1995). In any event, a pre-penalty

Zack v. State

753 So. 2d 9, 2000 WL 14472

Supreme Court of Florida | Filed: Jan 6, 2000 | Docket: 466839

Cited 87 times | Published

defendant had a fair opportunity to rebut it. See § 921.141(1), Fla. Stat. (1995); Mendoza v. State, 700 So

Zack v. State

753 So. 2d 9, 2000 WL 14472

Supreme Court of Florida | Filed: Jan 6, 2000 | Docket: 466839

Cited 87 times | Published

defendant had a fair opportunity to rebut it. See § 921.141(1), Fla. Stat. (1995); Mendoza v. State, 700 So

Floyd v. State

569 So. 2d 1225, 1990 WL 132928

Supreme Court of Florida | Filed: Sep 13, 1990 | Docket: 1190471

Cited 87 times | Published

murder *1231 committed during a burglary, section 921.141(5)(d), Florida Statutes (1983), which must

Preston v. State

444 So. 2d 939

Supreme Court of Florida | Filed: Jan 19, 1984 | Docket: 451991

Cited 87 times | Published

reconsideration of the suppression issue is proper. Section 921.141(4), Florida Statutes (1981), mandates automatic

Larkins v. State

739 So. 2d 90, 1999 WL 506968

Supreme Court of Florida | Filed: Jul 8, 1999 | Docket: 1294063

Cited 86 times | Published

1973-manslaughter and assault with intent to kill), see § 921.141(5)(b), Fla. Stat. (1991), and (2) the murder was

Wilson v. State

493 So. 2d 1019, 11 Fla. L. Weekly 471

Supreme Court of Florida | Filed: Sep 4, 1986 | Docket: 1247000

Cited 86 times | Published

[1] § 921.141(5)(h), Fla. Stat. (1981) [2] § 921.141(5)(b), Fla. Stat. (1981). [3] § 921.141(5)(i)

Harvey v. Dugger

656 So. 2d 1253, 1995 WL 359036

Supreme Court of Florida | Filed: Feb 23, 1995 | Docket: 2518691

Cited 85 times | Published

or the attempt to commit robbery or burglary. § 921.141(5)(d), (e), (h), (i), Fla. Stat. (1983). 5 Harvey's

Sochor v. State

619 So. 2d 285, 1993 WL 142087

Supreme Court of Florida | Filed: May 6, 1993 | Docket: 1381687

Cited 85 times | Published

the use or threat of violence to the person, § 921.141(5)(b), Fla. Stat. (1989); (2) the killing was

Buford v. State

403 So. 2d 943

Supreme Court of Florida | Filed: Jul 23, 1981 | Docket: 371817

Cited 85 times | Published

cruel. 3. The other aggravating circumstances: F.S. 921.141(5)(a); 921.141(5)(b); 921.141(5)(c); 921.141(5)(e);

Palmes v. State

397 So. 2d 648

Supreme Court of Florida | Filed: Mar 5, 1981 | Docket: 2522282

Cited 85 times | Published

convicted of a felony involving violence, section 921.141(5)(b), Florida Statutes (1977), that the murder

Cole v. State

701 So. 2d 845, 1997 WL 574741

Supreme Court of Florida | Filed: Sep 18, 1997 | Docket: 1736770

Cited 84 times | Published

victim-impact evidence was admissible pursuant to section 921.141(7), Florida Statutes (1993), once there is

Gudinas v. State

693 So. 2d 953, 1997 WL 166238

Supreme Court of Florida | Filed: Apr 10, 1997 | Docket: 1144752

Cited 84 times | Published

been convicted of a prior violent felony, section 921.141(5)(b), Fla.Stat. (1995); (2) the murder was

Kilgore v. State

688 So. 2d 895, 1996 WL 490142

Supreme Court of Florida | Filed: Aug 29, 1996 | Docket: 1508312

Cited 84 times | Published

NOTES [1] § 921.141(5)(a), Fla.Stat. (1995). [2] Id. § 921.141(5)(b). [3] Id. § 921.141(6)(b). [4]

Nibert v. State

574 So. 2d 1059, 1990 WL 205896

Supreme Court of Florida | Filed: Jul 26, 1990 | Docket: 1729709

Cited 83 times | Published

1987). [3] § 921.141(5)(h), Fla. Stat. (1983). [4] Id. § 921.141(6)(f). [5] Id. § 921.141(6)(b).

Menendez v. State

368 So. 2d 1278

Supreme Court of Florida | Filed: Jan 25, 1979 | Docket: 1388830

Cited 83 times | Published

concur. NOTES [1] Art. V, § 3(b)(1), Fla. Const.; § 921.141(4), Fla. Stat. (1975). [2] The state asserts

Franqui v. State

699 So. 2d 1312, 1997 WL 348838

Supreme Court of Florida | Filed: Jun 26, 1997 | Docket: 468369

Cited 81 times | Published

aggravators: (1) prior violent felony convictions, see § 921.141(5)(b), Fla. Stat. (1995); (2) murder committed

Ferguson v. State

417 So. 2d 639

Supreme Court of Florida | Filed: Jul 15, 1982 | Docket: 1384318

Cited 81 times | Published

death penalty in Florida as prescribed in section 921.141, Florida Statutes (1977), has been upheld repeatedly

Jones v. State

998 So. 2d 573, 2008 WL 5333274

Supreme Court of Florida | Filed: Dec 23, 2008 | Docket: 1340553

Cited 80 times | Published

122 S.Ct. 2428, 153 L.Ed.2d 556 (2002); (2) section 921.141, Florida Statutes and the standard penalty

San Martin v. State

717 So. 2d 462, 1998 WL 303859

Supreme Court of Florida | Filed: Jun 11, 1998 | Docket: 1681448

Cited 80 times | Published

avoid arrest (merged into one aggravator). See § 921.141(5)(b), (d), (e), (f), (j), Fla. Stat. (1993).

Walls v. State

926 So. 2d 1156, 2006 WL 300665

Supreme Court of Florida | Filed: Feb 9, 2006 | Docket: 467122

Cited 79 times | Published

Subsequently, the Florida Legislature enacted section 921.141(7), Florida Statutes (2005), which permits

Kearse v. State

662 So. 2d 677, 1995 WL 368410

Supreme Court of Florida | Filed: Jun 22, 1995 | Docket: 1282874

Cited 78 times | Published

engaged in the performance of his official duties. § 921.141(5)(d), (e), (g), (h), (j), Fla. Stat. (1991).

Lucas v. State

376 So. 2d 1149

Supreme Court of Florida | Filed: Jun 14, 1979 | Docket: 1411876

Cited 78 times | Published

circumstances found in section 921.141, Florida Statutes. We disagree. Section 921.141(5)(b), Florida Statutes

Francis v. State

808 So. 2d 110, 2001 WL 1628780

Supreme Court of Florida | Filed: Dec 20, 2001 | Docket: 146065

Cited 77 times | Published

is not one of the felonies enumerated under section 921.141(5)(d), Florida Statutes (1999).[17] As to the

Bradley v. State

787 So. 2d 732, 2001 WL 197024

Supreme Court of Florida | Filed: Mar 1, 2001 | Docket: 1495764

Cited 77 times | Published

was in no way involved at that time. [11] See § 921.141(5)(i), Fla. Stat. (1995). [12] Brian McWhite

Brown v. State

721 So. 2d 274, 1998 WL 670384

Supreme Court of Florida | Filed: Oct 1, 1998 | Docket: 1323161

Cited 76 times | Published

determination that the evidence is adequate. See § 921.141(4), Fla. Stat. (1997); Fla. R.App. Pro. 9.140(h);

Alston v. State

723 So. 2d 148, 1998 WL 574303

Supreme Court of Florida | Filed: Sep 10, 1998 | Docket: 2527467

Cited 76 times | Published

111 S.Ct. 2597, 115 L.Ed.2d 720 (1991), and section 921.141(7), Florida Statutes (1995). We do not agree

Roberts v. State

510 So. 2d 885, 12 Fla. L. Weekly 325

Supreme Court of Florida | Filed: Jul 2, 1987 | Docket: 1593209

Cited 76 times | Published

previously convicted of a violent felony, section 921.141(5)(b), Florida Statutes; (2) at the time of

Henyard v. State

689 So. 2d 239, 1996 WL 726875

Supreme Court of Florida | Filed: Dec 19, 1996 | Docket: 2452157

Cited 75 times | Published

been convicted of a prior violent felony, see section 921.141(5)(b); (2) the murder was committed in the

Songer v. State

365 So. 2d 696

Supreme Court of Florida | Filed: Sep 7, 1978 | Docket: 1691916

Cited 75 times | Published

a new sentencing trial in accordance with Section 921.141, Florida Statutes (1975). It is the appellant's

Beasley v. State

774 So. 2d 649, 2000 WL 1588020

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 368435

Cited 74 times | Published

the murder was committed for pecuniary gain. § 921.141(5)(f). In order to establish this aggravating

Beasley v. State

774 So. 2d 649, 2000 WL 1588020

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 368435

Cited 74 times | Published

the murder was committed for pecuniary gain. § 921.141(5)(f). In order to establish this aggravating

Ellis v. State

622 So. 2d 991, 1993 WL 241044

Supreme Court of Florida | Filed: Jul 1, 1993 | Docket: 1529031

Cited 74 times | Published

circumstances specified by the Legislature in Section 921.141(6), Florida Statutes (1989). The court then

Tompkins v. State

502 So. 2d 415, 12 Fla. L. Weekly 44

Supreme Court of Florida | Filed: Dec 30, 1986 | Docket: 1180958

Cited 74 times | Published

defendant has a fair opportunity to rebut it. § 921.141(1), Fla. Stat. (1985); Perri v. State, 441 So

Johnston v. State

497 So. 2d 863, 11 Fla. L. Weekly 585

Supreme Court of Florida | Filed: Nov 13, 1986 | Docket: 1264315

Cited 74 times | Published

and mitigating circumstances enumerated in section 921.141, Florida Statutes (1983), are impermissibly

Davis v. State

461 So. 2d 67

Supreme Court of Florida | Filed: Oct 4, 1984 | Docket: 464520

Cited 74 times | Published

even though he disagrees with the sentences. Section 921.141, Florida Statutes, however, directs this Court

Simmons v. State

934 So. 2d 1100, 2006 WL 1299617

Supreme Court of Florida | Filed: May 11, 2006 | Docket: 2481578

Cited 73 times | Published

argues that Florida's death penalty statute, section 921.141, Florida Statutes (2003), is unconstitutional

William Van Poyck v. Florida Department of Corrections, Michael W. Moore, Secretary of Florida Department of Corrections

290 F.3d 1318

Court of Appeals for the Eleventh Circuit | Filed: Jun 21, 2002 | Docket: 326515

Cited 73 times | Published

appropriate. See Fla. Stat. Ann. § 921.141 (1)-(3); Bolender v. Singletary,

Geralds v. State

674 So. 2d 96, 1996 WL 73786

Supreme Court of Florida | Filed: Feb 22, 1996 | Docket: 380084

Cited 73 times | Published

of extreme mental or emotional disturbance." § 921.141(6)(b), Fla.Stat. (1993). James Beller, a psychotherapist

Raleigh Porter v. Harry K. Singletary, Secretary Florida Department of Corrections

14 F.3d 554, 1994 U.S. App. LEXIS 2200, 1994 WL 28486

Court of Appeals for the Eleventh Circuit | Filed: Feb 2, 1994 | Docket: 1136009

Cited 73 times | Published

atrocious and cruel. See Fla.Stat.Ann. § 921.141(5)(d), (e), (h) (West 1993). The trial judge concluded

White v. State

403 So. 2d 331

Supreme Court of Florida | Filed: Mar 20, 1981 | Docket: 1672576

Cited 73 times | Published

aggravating circumstance already in existence, see section 921.141(5)(d), Florida Statutes (1977), while in contrast

Rhodes v. State

547 So. 2d 1201, 1989 WL 75283

Supreme Court of Florida | Filed: Jul 6, 1989 | Docket: 1474513

Cited 72 times | Published

opportunity to rebut any hearsay statements. § 921.141(1), Fla. Stat. (1985). The statements made by

Hamblen v. State

527 So. 2d 800, 1988 WL 55641

Supreme Court of Florida | Filed: Jun 2, 1988 | Docket: 401076

Cited 72 times | Published

of extreme mental or emotional disturbance." § 921.141(6)(b), Fla. Stat. (1983). Opinions relevant to

David Livingston Funchess v. Louie L. Wainwright, Secretary, Florida Dept. Of Offender Rehabilitation

772 F.2d 683

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 1985 | Docket: 490312

Cited 72 times | Published

mental and emotional disturbance. See Fla.Stat. § 921.141(6)(b) (1985 Supplement). Appellant argues that

Heath v. State

648 So. 2d 660, 1994 WL 570659

Supreme Court of Florida | Filed: Oct 20, 1994 | Docket: 1701980

Cited 71 times | Published

concur. NOTES [1] See § 921.141(5)(b), Fla. Stat. (1989). [2] See § 921.141(5)(d), Fla. Stat. (1989)

Hargrave v. State

366 So. 2d 1

Supreme Court of Florida | Filed: Jun 30, 1978 | Docket: 2518375

Cited 71 times | Published

consider an advisory sentence pursuant to Florida Statute 921.141(2). The majority returned and in open court

King v. State

390 So. 2d 315

Supreme Court of Florida | Filed: May 8, 1980 | Docket: 1254274

Cited 69 times | Published

of imprisonment for larceny of a firearm [section 921.141(5)(a)]; (b) the appellant had previously been

McCaskill v. State

344 So. 2d 1276

Supreme Court of Florida | Filed: Apr 7, 1977 | Docket: 1517737

Cited 69 times | Published

discretion possible and necessary under Fla. Stat. § 921.141, F.S.A., can be shown to be reasonable and controlled

Mills v. Singletary

161 F.3d 1273, 1998 U.S. App. LEXIS 30495, 1998 WL 826871

Court of Appeals for the Eleventh Circuit | Filed: Dec 1, 1998 | Docket: 395069

Cited 68 times | Published

mitigating factors pursuant to Florida Statute § 921.141, and sentenced Mills to death. 3

Garcia v. State

492 So. 2d 360, 11 Fla. L. Weekly 251

Supreme Court of Florida | Filed: Jun 5, 1986 | Docket: 478249

Cited 68 times | Published

the rule. NOTES [1] § 921.141(5)(h) and (i), Fla. Stat. (1981). [2] § 921.141(5)(e), Fla. Stat. (1981)

San Martin v. State

705 So. 2d 1337, 1997 WL 792796

Supreme Court of Florida | Filed: Dec 24, 1997 | Docket: 1577077

Cited 67 times | Published

calculated, and premeditated manner (CCP). See § 921.141(5)(b), (d), (f), (i), Fla. Stat. (1995). The court

Blanco v. State

706 So. 2d 7, 1997 WL 575323

Supreme Court of Florida | Filed: Sep 18, 1997 | Docket: 1682669

Cited 67 times | Published

opinion. This aggravator, as contained in section 921.141(5)(d), Florida Statutes (1995), may well be

Davis v. State

698 So. 2d 1182, 1997 WL 296970

Supreme Court of Florida | Filed: Jun 5, 1997 | Docket: 1524311

Cited 67 times | Published

a sentence of imprisonment for purposes of section 921.141(5)(a). Finally, Davis attacks the heinous,

Marvin Edwin Johnson v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections

938 F.2d 1166

Court of Appeals for the Eleventh Circuit | Filed: Sep 4, 1991 | Docket: 831662

Cited 66 times | Published

circumstances under Florida law. See Fla. Stat. § 921.141(6)(b) (“The capital felony was committed while

Wright v. State

586 So. 2d 1024, 1991 WL 165227

Supreme Court of Florida | Filed: Aug 29, 1991 | Docket: 1742357

Cited 66 times | Published

capital punishment trials in Florida under section 921.141 of the Florida Statutes (1985), because the

Smith v. State

407 So. 2d 894

Supreme Court of Florida | Filed: Nov 12, 1981 | Docket: 1515382

Cited 66 times | Published

his third point on appeal, we have held that section 921.141, Florida Statutes, does not violate the requirements

Smith v. State

407 So. 2d 894

Supreme Court of Florida | Filed: Nov 12, 1981 | Docket: 1515382

Cited 66 times | Published

his third point on appeal, we have held that section 921.141, Florida Statutes, does not violate the requirements

Alford v. State

307 So. 2d 433

Supreme Court of Florida | Filed: Jan 29, 1975 | Docket: 2467682

Cited 66 times | Published

Florida murder statute, Fla. Stat. § 782.04 and § 921.141, F.S.A., which we upheld in State v. Dixon, 283

Wright v. State

19 So. 3d 277, 34 Fla. L. Weekly Supp. 497, 2009 Fla. LEXIS 1416, 2009 WL 2778107

Supreme Court of Florida | Filed: Sep 3, 2009 | Docket: 1651717

Cited 64 times | Published

or to effectuate an escape from custody. See § 921.141(5)(e), Fla. Stat. (2004). Typically, this aggravator

Roy Allen Harich v. Louie L. Wainwright, Secretary Florida Department of Corrections, Respondent

813 F.2d 1082, 1987 U.S. App. LEXIS 3630

Court of Appeals for the Eleventh Circuit | Filed: Mar 18, 1987 | Docket: 969881

Cited 64 times | Published

and Premeditated” Petitioner attacks Fla.Stat. § 921.-141(5)(i) both on its face and as applied to this

Sliney v. State

699 So. 2d 662, 1997 WL 417286

Supreme Court of Florida | Filed: Jul 17, 1997 | Docket: 57322

Cited 63 times | Published

[5] § 921.141(5)(d), Fla. Stat. (1993). [6] § 921.141(5)(e), Fla. Stat. (1993). [7] § 921.141(6)(g)

Rivera v. State

561 So. 2d 536, 1990 WL 49776

Supreme Court of Florida | Filed: Apr 19, 1990 | Docket: 1480671

Cited 63 times | Published

female child under the age of fourteen. [4] § 921.141(5)(b), (d), (h), (i), Fla. Stat. (1985) (previous

Rimmer v. State

825 So. 2d 304, 2002 WL 1430739

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 2518351

Cited 62 times | Published

preserved, we would find that it is without merit. Section 921.141(7), Florida Statutes (1997), permits the State

Daniels v. State

595 So. 2d 952, 1992 WL 27892

Supreme Court of Florida | Filed: Feb 20, 1992 | Docket: 1708940

Cited 61 times | Published

criminal episode. We reasoned that because section 921.141, Florida Statutes (1983), required that a person

Odom v. State

403 So. 2d 936

Supreme Court of Florida | Filed: Jul 23, 1981 | Docket: 1250343

Cited 61 times | Published

created a great risk of death to many persons, section 921.141(5)(c), Florida Statutes (1975), and that the

Morris v. State

931 So. 2d 821, 2006 WL 1027108

Supreme Court of Florida | Filed: Apr 20, 2006 | Docket: 426038

Cited 60 times | Published

extreme mental or emotional disturbance, see § 921.141(6)(b), Fla. Stat. (1999), and that his capacity

Cox v. State

819 So. 2d 705, 2002 WL 1027308

Supreme Court of Florida | Filed: May 23, 2002 | Docket: 1750128

Cited 60 times | Published

recommendation as to the appropriate sentence."); § 921.141(1), Fla. Stat. (2001) ("In the [capital sentencing]

Adams v. State

412 So. 2d 850

Supreme Court of Florida | Filed: Feb 11, 1982 | Docket: 2518374

Cited 60 times | Published

attempting to commit a rape or kidnapping (Fla. Stat. § 921.141(5)(d)), the judge stated: That the capital felony

Hudson v. State

992 So. 2d 96, 2008 WL 2612083

Supreme Court of Florida | Filed: Sep 25, 2008 | Docket: 1723509

Cited 59 times | Published

make specific written findings required under section 921.141(3), Florida Statutes (2001), in order to impose

Franklin v. State

965 So. 2d 79, 2007 WL 1774414

Supreme Court of Florida | Filed: Jun 21, 2007 | Docket: 1438592

Cited 59 times | Published

evidence at the penalty phase as provided in section 921.141(1), Florida Statutes (2005),[6] and to have

Reynolds v. State

934 So. 2d 1128, 2006 WL 1381880

Supreme Court of Florida | Filed: May 18, 2006 | Docket: 1460819

Cited 59 times | Published

phase deliberations. Reynolds claims that section 921.141 of the Florida Statutes (2003) and the standard

Sexton v. State

775 So. 2d 923, 2000 WL 1508567

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 57198

Cited 59 times | Published

constitutes fundamental error. On the merits, section 921.141(7), Florida Statutes (1995),[9] allows the

DuBoise v. State

520 So. 2d 260, 1988 WL 9837

Supreme Court of Florida | Filed: Feb 4, 1988 | Docket: 1300074

Cited 59 times | Published

was committed during the course of a felony, section 921.141(5)(d), Florida Statutes (1983); that the murder

Hitchcock v. State

413 So. 2d 741

Supreme Court of Florida | Filed: Feb 25, 1982 | Docket: 474638

Cited 59 times | Published

976, 99 S.Ct. 1548, 59 L.Ed.2d 796 (1979). Section 921.141(5), Florida Statutes (1975), sets out the aggravating

Combs v. State

403 So. 2d 418

Supreme Court of Florida | Filed: Jul 30, 1981 | Docket: 409855

Cited 59 times | Published

moral or legal justification" as set forth in section 921.141(5)(i), Florida Statutes (1979), which became

Maggard v. State

399 So. 2d 973

Supreme Court of Florida | Filed: May 7, 1981 | Docket: 2463807

Cited 59 times | Published

burglary on the victim's premises, as stated in Section 921.141(5)(d). The Court also finds, as an aggravating

Duest v. State

855 So. 2d 33, 2003 WL 21467248

Supreme Court of Florida | Filed: Jun 26, 2003 | Docket: 2525170

Cited 58 times | Published

jury on the statutory mitigators found in section 921.141(6)(b) and (f), Florida Statutes (2002). Similarly

Holton v. State

573 So. 2d 284, 1990 WL 141445

Supreme Court of Florida | Filed: Jan 15, 1991 | Docket: 1518689

Cited 58 times | Published

the use or threat of violence to the person. § 921.141(5)(b), Fla. Stat. (1985). In Wasko v. State, 505

Larry Eugene Mann v. Richard L. Dugger, Secretary, Florida Department of Corrections, Respondent

844 F.2d 1446, 1988 U.S. App. LEXIS 5397, 1988 WL 39115

Court of Appeals for the Eleventh Circuit | Filed: Apr 21, 1988 | Docket: 175409

Cited 58 times | Published

either life imprisonment or death. Fla.Stat. § 921.141(2) (1985).5 That recommendation, the attor*1450ney

Green v. State

975 So. 2d 1090, 2008 WL 248413

Supreme Court of Florida | Filed: Jan 31, 2008 | Docket: 1727327

Cited 57 times | Published

aggravator under Florida's death penalty statute. See § 921.141(5)(b), Fla. Stat. (1987).[5] We look both to Florida

Cochran v. State

547 So. 2d 928, 1989 WL 84110

Supreme Court of Florida | Filed: Jul 27, 1989 | Docket: 192132

Cited 56 times | Published

crime, eighteen, was a mitigating factor. See § 921.141(6)(g), Fla. Stat. (1985). We believe the mitigating

Combs v. State

525 So. 2d 853, 1988 WL 12572

Supreme Court of Florida | Filed: Feb 18, 1988 | Docket: 365188

Cited 56 times | Published

sentence... . Fla.Std.Jury Instr. (Crim.) (for § 921.141, Fla. Stat.) The Mann court concluded that, because

McCray v. State

416 So. 2d 804

Supreme Court of Florida | Filed: Jun 24, 1982 | Docket: 382689

Cited 56 times | Published

not "especially heinous, atrocious, or cruel." § 921.141(5)(h), Fla. Stat. (1979) (emphasis added). Maggard

Kampff v. State

371 So. 2d 1007

Supreme Court of Florida | Filed: Mar 29, 1979 | Docket: 2463798

Cited 54 times | Published

the sentence. Art. V, § 3(b)(1), Fla. Const.; § 921.141(4), Fla. Stat. (1975). The evidence, which included

Hodges v. Attorney General, State of Fla.

506 F.3d 1337, 2007 U.S. App. LEXIS 26138, 2007 WL 3307014

Court of Appeals for the Eleventh Circuit | Filed: Nov 9, 2007 | Docket: 2041835

Cited 53 times | Published

function or the enforcement of laws." See Fla. Stat. § 921.141(5)(g). The prosecutor relied on this evidence

Hutchinson v. State

882 So. 2d 943, 2004 WL 1469327

Supreme Court of Florida | Filed: Jul 1, 2004 | Docket: 2451581

Cited 53 times | Published

whether the trial court erred in considering section 921.141(5)(1), Florida Statutes (2000), as an aggravating

Singleton v. State

783 So. 2d 970, 2001 WL 123883

Supreme Court of Florida | Filed: Feb 15, 2001 | Docket: 1956055

Cited 53 times | Published

result only. NOTES [1] See § 921.141(5)(b), Fla. Stat. (1999). [2] See § 921.141(5)(h), Fla. Stat. (1999)

Foster v. State

679 So. 2d 747, 1996 WL 399853

Supreme Court of Florida | Filed: Jul 18, 1996 | Docket: 364333

Cited 53 times | Published

pretense of moral or legal justification. See § 921.141(5)(b), (d), (f), (i), Fla.Stat. (1993). [3] The

Bonifay v. State

680 So. 2d 413, 1996 WL 385504

Supreme Court of Florida | Filed: Jul 11, 1996 | Docket: 1663783

Cited 53 times | Published

sentencing hearing is required. We do not agree. Section 921.141(1), Florida Statutes (1995), sets forth the

Koenig v. State

597 So. 2d 256, 1992 WL 34696

Supreme Court of Florida | Filed: Feb 27, 1992 | Docket: 1351079

Cited 53 times | Published

judgment of conviction in death penalty cases. § 921.141(4), Fla. Stat. (1989). In order to review the

McDonald v. State

743 So. 2d 501, 1999 WL 462608

Supreme Court of Florida | Filed: Jul 1, 1999 | Docket: 57132

Cited 52 times | Published

[2] See § 921.141(5)(d), Fla. Stat. (1995). [3] See id. § 921.141(5)(f). [4] See id. § 921.141(5)(h)

State v. Bloom

497 So. 2d 2, 11 Fla. L. Weekly 573

Supreme Court of Florida | Filed: Nov 6, 1986 | Docket: 1689636

Cited 52 times | Published

modifying the death penalty's statutory scheme. Section 921.141(1), Florida Statutes (1985), mandates that

Coday v. State

946 So. 2d 988, 2006 WL 3028248

Supreme Court of Florida | Filed: Oct 26, 2006 | Docket: 1771455

Cited 51 times | Published

concluded, consistent with prior caselaw, that section 921.141, Florida Statutes, does not require jury findings

Coday v. State

946 So. 2d 988, 2006 WL 3028248

Supreme Court of Florida | Filed: Oct 26, 2006 | Docket: 1771455

Cited 51 times | Published

concluded, consistent with prior caselaw, that section 921.141, Florida Statutes, does not require jury findings

Downs v. Moore

801 So. 2d 906, 2001 WL 1130695

Supreme Court of Florida | Filed: Sep 26, 2001 | Docket: 2518457

Cited 51 times | Published

is highly specific underscores the problem. Section 921.141, Florida Statutes (2000), clearly identifies

Knight v. State

746 So. 2d 423, 1999 WL 184502

Supreme Court of Florida | Filed: Nov 12, 1998 | Docket: 401041

Cited 51 times | Published

the use or threat of violence to the person, § 921.141(5)(b), Fla. Stat. (1995); (2) the murders were

Jones v. State

648 So. 2d 669, 1994 WL 620797

Supreme Court of Florida | Filed: Nov 10, 1994 | Docket: 2468066

Cited 51 times | Published

"during the course of a felony" aggravator, section 921.141(5)(b), fails to adequately narrow the class

Jones v. State

648 So. 2d 669, 1994 WL 620797

Supreme Court of Florida | Filed: Nov 10, 1994 | Docket: 2468066

Cited 51 times | Published

"during the course of a felony" aggravator, section 921.141(5)(b), fails to adequately narrow the class

Carpenter v. State

785 So. 2d 1182, 2001 WL 197003

Supreme Court of Florida | Filed: Mar 1, 2001 | Docket: 450172

Cited 50 times | Published

circumstance under section 921.141(5)(b), Florida Statutes (1999). Section 921.141(5)(b), Florida Statutes

Blackwood v. State

777 So. 2d 399, 2000 WL 1862663

Supreme Court of Florida | Filed: Dec 21, 2000 | Docket: 1513939

Cited 50 times | Published

murder was heinous, atrocious, or cruel (HAC). See § 921.141(5)(h), Fla.Stat. (1995). The trial court denied

Blackwood v. State

777 So. 2d 399, 2000 WL 1862663

Supreme Court of Florida | Filed: Dec 21, 2000 | Docket: 1513939

Cited 50 times | Published

murder was heinous, atrocious, or cruel (HAC). See § 921.141(5)(h), Fla.Stat. (1995). The trial court denied

Crump v. State

622 So. 2d 963, 1993 WL 194554

Supreme Court of Florida | Filed: Jun 10, 1993 | Docket: 546677

Cited 50 times | Published

of violence to another person, pursuant to section 921.141(5)(b), Florida Statutes (1989); and 2) Crump

Ferry v. State

507 So. 2d 1373, 12 Fla. L. Weekly 215

Supreme Court of Florida | Filed: Apr 30, 1987 | Docket: 460063

Cited 50 times | Published

an extreme mental or emotional disturbance (section 921.141(6)(b)) and that Ferry's capacity to appreciate

Stano v. State

460 So. 2d 890

Supreme Court of Florida | Filed: Nov 1, 1984 | Docket: 1765871

Cited 50 times | Published

preclude imposition of the death penalty and that section 921.141, Florida Statutes (1983), is unconstitutional

McCampbell v. State

421 So. 2d 1072

Supreme Court of Florida | Filed: Oct 28, 1982 | Docket: 2466290

Cited 50 times | Published

imposed in a manner constitutionally correct, section 921.141(4), Florida Statutes (1981), we review the

Swan v. State

322 So. 2d 485

Supreme Court of Florida | Filed: Sep 3, 1975 | Docket: 2467698

Cited 50 times | Published

imposed. These contentions are without merit. Section 921.141(1) provides that in the proceeding to determine

Ferrell v. State

653 So. 2d 367, 1995 WL 60801

Supreme Court of Florida | Filed: Feb 16, 1995 | Docket: 1530013

Cited 49 times | Published

and aggravating circumstances as required by section 921.141(3), Florida Statutes (Supp. 1992), denies this

Hildwin v. Dugger

654 So. 2d 107, 1995 WL 17093

Supreme Court of Florida | Filed: Jan 19, 1995 | Docket: 1303699

Cited 49 times | Published

aggravating circumstances as set forth in section 921.141, Florida Statutes, are unconstitutionally vague

Medina v. State

466 So. 2d 1046, 10 Fla. L. Weekly 101

Supreme Court of Florida | Filed: Jan 31, 1985 | Docket: 1486696

Cited 49 times | Published

previously against Medina's contentions: 1) Whether § 921.141, Fla. Stat. (1983), is unconstitutional because

Proffitt v. State

315 So. 2d 461

Supreme Court of Florida | Filed: May 28, 1975 | Docket: 3676

Cited 49 times | Published

enumerated mitigating circumstances set forth in F.S. 921.141[6](7) are primarily negated, in that, (A) The

Hoskins v. State

965 So. 2d 1, 2007 WL 1147291

Supreme Court of Florida | Filed: Apr 19, 2007 | Docket: 396846

Cited 48 times | Published

evidence of one or more aggravating circumstances. § 921.141(7), Fla. Stat. (2004). Just before resting its

Pearce v. State

880 So. 2d 561, 2004 WL 1469337

Supreme Court of Florida | Filed: Jul 1, 2004 | Docket: 1689202

Cited 48 times | Published

legal justification (given great weight). See § 921.141(5)(b), (d), (i), Fla. Stat. (2001). The trial

Justice v. State

674 So. 2d 123, 1996 WL 271193

Supreme Court of Florida | Filed: May 23, 1996 | Docket: 1661895

Cited 48 times | Published

561 So.2d 554 (Fla.1990), and the mandate of section 921.141(3), Florida Statutes (1995). In Pope, we refused

Routly v. State

440 So. 2d 1257

Supreme Court of Florida | Filed: Sep 22, 1983 | Docket: 1429689

Cited 48 times | Published

in his written findings of fact pursuant to section 921.141(3), Florida Statutes (1981), found five aggravating

Pope v. Secretary for the Department of Corrections

680 F.3d 1271, 2012 WL 1672183, 2012 U.S. App. LEXIS 9794

Court of Appeals for the Eleventh Circuit | Filed: May 15, 2012 | Docket: 150313

Cited 47 times | Published

(the murders of Di Russo and Doranz), Fla. Stat. § 921.141(5)(b); (2) the capital felony was committed for

Robinson v. State

761 So. 2d 269, 1999 WL 628777

Supreme Court of Florida | Filed: Aug 19, 1999 | Docket: 1300131

Cited 47 times | Published

of avoiding or preventing a lawful arrest, see § 921.141(5)(e), Fla. Stat. (1995); (2) the capital felony

Burns v. State

699 So. 2d 646, 1997 WL 377601

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1694086

Cited 47 times | Published

admission of victim impact evidence pursuant to section 921.141(7), Florida Statutes (1993), violates the prohibition

Spencer v. State

691 So. 2d 1062, 1996 WL 514605

Supreme Court of Florida | Filed: Sep 12, 1996 | Docket: 383783

Cited 47 times | Published

especially heinous, atrocious, or cruel (HAC). § 921.141(5)(b), (h), Fla.Stat. (1993). The judge also found

Smalley v. State

546 So. 2d 720, 1989 WL 75310

Supreme Court of Florida | Filed: Jul 6, 1989 | Docket: 2518730

Cited 47 times | Published

that because Florida uses the same words (section 921.141(5)(h), Florida Statutes (1987)), Florida's

Johnson v. Wainwright

463 So. 2d 207, 10 Fla. L. Weekly 85

Supreme Court of Florida | Filed: Jan 28, 1985 | Docket: 58529

Cited 47 times | Published

Johnson was convicted on both counts. Under section 921.141, Florida Statutes (1977), a separate sentencing

Bill Paul Marquardt v. State of Florida

156 So. 3d 464, 40 Fla. L. Weekly Supp. 32, 2015 Fla. LEXIS 111, 2015 WL 268111

Supreme Court of Florida | Filed: Jan 22, 2015 | Docket: 2626845

Cited 46 times | Published

Wisconsin (assigned some weight). See § 921.141(6)(f), Fla. Stat. (2011). Second, the trial court

Baker v. State

71 So. 3d 802, 36 Fla. L. Weekly Supp. 395, 2011 Fla. LEXIS 1568, 2011 WL 2637418

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 60303159

Cited 46 times | Published

evidence is governed more specifically by section 921.141(7), Florida Statutes (2006), which states:

Blake v. State

972 So. 2d 839, 2007 WL 4335487

Supreme Court of Florida | Filed: Dec 13, 2007 | Docket: 1650139

Cited 46 times | Published

that section 921.141(5)(a) does not require violence for this aggravator to apply. See § 921.141(5)(a)

Rose v. State

601 So. 2d 1181, 1992 WL 110905

Supreme Court of Florida | Filed: May 28, 1992 | Docket: 1710847

Cited 46 times | Published

Constitution. [2] § 921.141(5)(a), Fla. Stat. (1975). [3] Id. § 921.141(5)(b). [4] Id. § 921.141(5)(d). [5]

Geralds v. State

601 So. 2d 1157, 1992 WL 85110

Supreme Court of Florida | Filed: Apr 30, 1992 | Docket: 364334

Cited 46 times | Published

Constitution. [2] § 921.141(5)(d), Fla. Stat. (1989). [3] Id. § 921.141(5)(e). [4] Id. § 921.141(5)(h). [5]

Kight v. State

512 So. 2d 922, 12 Fla. L. Weekly 357

Supreme Court of Florida | Filed: Jul 9, 1987 | Docket: 1517310

Cited 46 times | Published

occurred during the commission of a robbery, section 921.141(5)(d), and 2) the murder was especially heinous

Hayward v. State

24 So. 3d 17, 2009 WL 2612524

Supreme Court of Florida | Filed: Dec 10, 2009 | Docket: 1648320

Cited 45 times | Published

the community's members by the victim's death." § 921.141(7), Fla. Stat. (2007); see also Wheeler v. State

Kormondy v. State

845 So. 2d 41, 2003 WL 297027

Supreme Court of Florida | Filed: Feb 13, 2003 | Docket: 1728912

Cited 45 times | Published

internally inconsistent sentencing order. Under section 921.141(3), Florida Statutes (2000), trial judges are

Looney v. State

803 So. 2d 656, 2001 WL 1338488

Supreme Court of Florida | Filed: Nov 1, 2001 | Docket: 759758

Cited 45 times | Published

Victim Impact Evidence Looney next argues that section 921.141(7), Florida Statutes (Supp.1996), allowing

Consalvo v. State

697 So. 2d 805, 1996 WL 559883

Supreme Court of Florida | Filed: Oct 16, 1997 | Docket: 1776654

Cited 45 times | Published

engaged in the commission of a burglary, see § 921.141(5)(d), Fla.Stat. (1995); and (2) the capital felony

Consalvo v. State

697 So. 2d 805, 1996 WL 559883

Supreme Court of Florida | Filed: Oct 16, 1997 | Docket: 1776654

Cited 45 times | Published

engaged in the commission of a burglary, see § 921.141(5)(d), Fla.Stat. (1995); and (2) the capital felony

Escobar v. State

699 So. 2d 988, 1997 WL 377595

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1321175

Cited 45 times | Published

744-45, Laws of Florida. [3] § 921.141(5)(b), Fla. Stat. (1989). [4] § 921.141(5)(j), Fla. Stat. (1989)

Hitchcock v. State

673 So. 2d 859, 1996 WL 122170

Supreme Court of Florida | Filed: Mar 21, 1996 | Docket: 1671391

Cited 45 times | Published

was especially heinous, atrocious, or cruel. § 921.141(5)(a), (d), (e), (h), Fla.Stat. (1993). [3] The

Robinson v. State

574 So. 2d 108, 1991 WL 6553

Supreme Court of Florida | Filed: Jan 15, 1991 | Docket: 1436672

Cited 45 times | Published

by person under sentence of imprisonment, section 921.141(5)(a), Florida Statutes (1983); previous conviction

Haliburton v. State

561 So. 2d 248, 1990 WL 40358

Supreme Court of Florida | Filed: Apr 5, 1990 | Docket: 408051

Cited 45 times | Published

under sentence of imprisonment as intended in section 921.141(5)(a), Florida Statutes (1987). We disagree

Duest v. State

462 So. 2d 446, 10 Fla. L. Weekly 48

Supreme Court of Florida | Filed: Jan 10, 1985 | Docket: 449569

Cited 45 times | Published

and assault with intent to commit murder, section 921.141(5)(b); 2) the capital felony was committed

Leonard Patrick Gonzalez, Jr. v. State of Florida

136 So. 3d 1125, 39 Fla. L. Weekly Supp. 219, 2014 WL 1408552, 2014 Fla. LEXIS 1211

Supreme Court of Florida | Filed: Apr 10, 2014 | Docket: 56797

Cited 44 times | Published

the use or threat of violence. See § 921.141(1), (5)(b), Fla. Stat. (2009); Miller v

Rogers v. State

957 So. 2d 538, 2007 WL 108367

Supreme Court of Florida | Filed: May 24, 2007 | Docket: 1679087

Cited 44 times | Published

Constitutionality of Section 921.141(5) In his second habeas claim, Rogers asserts that section 921.141(5), Florida

Parker v. State

873 So. 2d 270, 2004 WL 112875

Supreme Court of Florida | Filed: Jan 22, 2004 | Docket: 1732876

Cited 44 times | Published

This Court has recognized that "even though section 921.141(1)[[8]] relaxes the evidentiary rules during

Moore v. State

701 So. 2d 545, 1997 WL 603489

Supreme Court of Florida | Filed: Oct 2, 1997 | Docket: 1736799

Cited 44 times | Published

impact evidence which did not comport with the section 921.141(7), Florida Statutes (1995); and (7) it was

Jackson v. State

599 So. 2d 103, 1992 WL 68952

Supreme Court of Florida | Filed: Apr 9, 1992 | Docket: 1741485

Cited 44 times | Published

pretense of moral or legal justification. Section 921.141(5)(d), (h), (i), Florida Statutes (1989). The

McKinney v. State

579 So. 2d 80, 1991 WL 66656

Supreme Court of Florida | Filed: May 2, 1991 | Docket: 1728834

Cited 44 times | Published

Constitution. [2] § 921.141(5)(h), Fla. Stat. (1985). [3] Id. § 921.141(5)(i). [4] Id. § 921.141(5)(d). [5]

Cannady v. State

427 So. 2d 723

Supreme Court of Florida | Filed: Feb 24, 1983 | Docket: 408070

Cited 44 times | Published

respect to his sentence, appellant argues that section 921.141, Florida Statutes (1979), is ambiguous and

Buzia v. State

926 So. 2d 1203, 2006 WL 721612

Supreme Court of Florida | Filed: Mar 23, 2006 | Docket: 467210

Cited 43 times | Published

factors under the statutory catchall provision, section 921.141(6)(h), Florida Statutes (2003), specifically

Rose v. State

787 So. 2d 786, 2001 WL 326690

Supreme Court of Florida | Filed: Apr 5, 2001 | Docket: 1745064

Cited 43 times | Published

the victim was twelve years old pursuant to section 921.141(5)(1), Florida Statutes (1997). He contends

Archer v. State

673 So. 2d 17, 1996 WL 108542

Supreme Court of Florida | Filed: Mar 14, 1996 | Docket: 1671499

Cited 43 times | Published

pretense of moral or legal justification. See § 921.141(5)(d), (i), Fla.Stat. (1993). [2] The trial court

Dan Edward Routly, Cross-Appellee v. Harry K. Singletary, Secretary, Florida Department of Corrections

33 F.3d 1279, 1994 U.S. App. LEXIS 26364, 1994 WL 510463

Court of Appeals for the Eleventh Circuit | Filed: Sep 19, 1994 | Docket: 1137581

Cited 43 times | Published

written order as required by Florida Statutes section 921.141 15 stating his findings and his

Knowles v. State

632 So. 2d 62, 1993 WL 517365

Supreme Court of Florida | Filed: Dec 16, 1993 | Docket: 462794

Cited 43 times | Published

prior conviction of a violent felony under section 921.141(5)(b), Florida Statutes (1991). See Pardo v

Lewis v. State

398 So. 2d 432

Supreme Court of Florida | Filed: Apr 2, 1981 | Docket: 381262

Cited 43 times | Published

because Florida's capital felony sentencing law, section 921.141, Florida Statutes (1975), under which sentence

Ross v. State

386 So. 2d 1191

Supreme Court of Florida | Filed: Jun 12, 1980 | Docket: 477180

Cited 43 times | Published

emotions of the jurors and a death sentence. Section 921.141(3), Florida Statutes (1975), provides: (3)

Lewis v. State

377 So. 2d 640

Supreme Court of Florida | Filed: Nov 1, 1979 | Docket: 333475

Cited 43 times | Published

following aggravating circumstances pursuant to section 921.141, Florida Statutes (1975): (1) that appellant

Douglas v. State

878 So. 2d 1246, 2004 WL 1057708

Supreme Court of Florida | Filed: May 6, 2004 | Docket: 1705800

Cited 42 times | Published

argues that Florida's death penalty statute, section 921.141, Florida Statutes (1999), is unconstitutional

Farina v. State

801 So. 2d 44, 2001 WL 920230

Supreme Court of Florida | Filed: Aug 16, 2001 | Docket: 1495274

Cited 42 times | Published

in our state. See art. I, § 16, Fla. Const.; § 921.141(7), Fla. Stat. (2000); see also Windom v. State

Morton v. State

789 So. 2d 324, 2001 WL 721089

Supreme Court of Florida | Filed: Jun 28, 2001 | Docket: 1696060

Cited 42 times | Published

responsibility of preparing the sentencing order. Section 921.141, Florida Statutes (Supp.1992),[1] requires

Gore v. State

706 So. 2d 1328, 1997 WL 399225

Supreme Court of Florida | Filed: Jul 17, 1997 | Docket: 1682641

Cited 42 times | Published

involving the use or threat of violence under section 921.141(5)(b), Florida Statutes (1991). He argues that

Anthony John Ponticelli v. Secretary, Florida Department of Corrections

690 F.3d 1271, 2012 WL 3517146, 2012 U.S. App. LEXIS 17352

Court of Appeals for the Eleventh Circuit | Filed: Aug 16, 2012 | Docket: 766394

Cited 41 times | Published

Stat. § 921.141(6)(a); and (2) he was twenty years old at the time of the offense, see id. § 921.141(6)(g)

Robert Dewey Glock v. Harry K. Singletary

65 F.3d 878, 1995 U.S. App. LEXIS 25275, 1995 WL 529100

Court of Appeals for the Eleventh Circuit | Filed: Sep 8, 1995 | Docket: 600974

Cited 41 times | Published

(the “HAC factor”). See Fla.Stat.Ann. § 921.141(5)(h) (West Supp.1995). 1 The judge

DeAngelo v. State

616 So. 2d 440, 1993 WL 102057

Supreme Court of Florida | Filed: Apr 8, 1993 | Docket: 1726782

Cited 41 times | Published

concur. NOTES [1] Section 921.141(5)(i), Fla. Stat. (1989). [2] Section 921.141(5)(h), Fla. Stat. (1989)

Asay v. State

580 So. 2d 610, 1991 WL 78752

Supreme Court of Florida | Filed: May 16, 1991 | Docket: 410778

Cited 41 times | Published

based on the contemporaneous murder conviction. § 921.141(5)(a), (b), Fla. Stat. (1987). In connection with

Brown v. State

473 So. 2d 1260, 67 A.L.R. 4th 917

Supreme Court of Florida | Filed: Jun 27, 1985 | Docket: 2469601

Cited 41 times | Published

sentence of death prepared in accordance with section 921.141(3), Florida Statutes (1981). A comment of this

Messer v. State

330 So. 2d 137

Supreme Court of Florida | Filed: Mar 31, 1976 | Docket: 1774661

Cited 41 times | Published

Section 3(b)(1), Florida Constitution, and Section 921.141(4), Florida Statutes. The facts of the case

Songer v. State

322 So. 2d 481

Supreme Court of Florida | Filed: Sep 3, 1975 | Docket: 1734769

Cited 41 times | Published

Rules of Criminal Procedure, that supplements Section 921.141, Florida Statutes. We observe that Appellant

Schoenwetter v. State

931 So. 2d 857, 2006 WL 1096646

Supreme Court of Florida | Filed: Apr 27, 2006 | Docket: 1522267

Cited 40 times | Published

the admitted evidence was admissible under section 921.141(7), Florida *870 Statutes (2000).[6] This is

Butler v. State

842 So. 2d 817, 2003 WL 1786712

Supreme Court of Florida | Filed: Apr 3, 2003 | Docket: 1440370

Cited 40 times | Published

mitigating evidence offered by the defense. Section 921.141(3), Florida Statutes (Supp.1996), requires

Grim v. State

841 So. 2d 455, 2003 WL 1344834

Supreme Court of Florida | Filed: Mar 20, 2003 | Docket: 1656721

Cited 40 times | Published

statutory mitigating circumstances pursuant to section 921.141(6)(h), Florida Statutes (1997):(1) disruptive

Branch v. State

685 So. 2d 1250, 1996 WL 670571

Supreme Court of Florida | Filed: Nov 21, 1996 | Docket: 1735057

Cited 40 times | Published

weeks before she was killed. We disagree. Section 921.141, Florida Statutes, provides for the introduction

Larkins v. State

655 So. 2d 95, 1995 WL 273937

Supreme Court of Florida | Filed: May 11, 1995 | Docket: 1327098

Cited 40 times | Published

of mitigation, especially mitigation under section 921.141(6)(b), Florida Statutes (1993), which provides

Bryant v. State

656 So. 2d 426, 1995 WL 215022

Supreme Court of Florida | Filed: Apr 13, 1995 | Docket: 1283624

Cited 40 times | Published

the murder was committed for pecuniary gain. § 921.141(5)(b), (f), Fla. Stat. (1991). [2] The trial

Sireci v. State

587 So. 2d 450, 1991 WL 183081

Supreme Court of Florida | Filed: Sep 19, 1991 | Docket: 373203

Cited 40 times | Published

2d 40, 46 (Fla. 1991). Sireci's claim that section 921.141, Florida Statutes (1987), is unconstitutional

Farinas v. State

569 So. 2d 425, 1990 WL 154230

Supreme Court of Florida | Filed: Oct 11, 1990 | Docket: 1189837

Cited 40 times | Published

influence of extreme mental or emotional disturbance. § 921.141(6), Fla. Stat. (1985). During the two-month period

Farinas v. State

569 So. 2d 425, 1990 WL 154230

Supreme Court of Florida | Filed: Oct 11, 1990 | Docket: 1189837

Cited 40 times | Published

influence of extreme mental or emotional disturbance. § 921.141(6), Fla. Stat. (1985). During the two-month period

Ferguson v. State

417 So. 2d 631

Supreme Court of Florida | Filed: Jul 15, 1982 | Docket: 2518731

Cited 40 times | Published

sentence of imprisonment" as set forth in section 921.141(5)(a). Id. at 499. Thus defendant was not a

Bryan F. Jennings v. James McDonough

490 F.3d 1230, 2007 U.S. App. LEXIS 15828, 2007 WL 1892061

Court of Appeals for the Eleventh Circuit | Filed: Jul 3, 2007 | Docket: 334440

Cited 39 times | Published

jury, as provided by Florida law. Fla. Stat. § 921.141(1). In the penalty phase, the jury returns an

Foster v. State

778 So. 2d 906, 2000 WL 1259395

Supreme Court of Florida | Filed: Sep 7, 2000 | Docket: 1687078

Cited 39 times | Published

submitting to the jury the avoid arrest aggravator. Section 921.141(5)(e), Florida Statutes (1997), provides the

Mungin v. State

689 So. 2d 1026, 1995 WL 913235

Supreme Court of Florida | Filed: Sep 7, 1995 | Docket: 1739510

Cited 39 times | Published

crimetwenty-fourcould be considered in mitigation. See § 921.141(6)(g), Fla.Stat. (1991). Instead, the trial court

Dufour v. State

495 So. 2d 154, 55 U.S.L.W. 2247

Supreme Court of Florida | Filed: Sep 4, 1986 | Docket: 1758894

Cited 39 times | Published

for the purpose of avoiding a lawful arrest, section 921.141(5)(e), Florida Statutes (1981), since the evidence

Mikenas v. State

367 So. 2d 606

Supreme Court of Florida | Filed: Nov 9, 1978 | Docket: 639468

Cited 39 times | Published

aggravating and mitigating circumstances listed in Section 921.141, Florida Statutes. I When Ann Williams, the

Walker v. State

957 So. 2d 560, 2007 WL 1286619

Supreme Court of Florida | Filed: May 3, 2007 | Docket: 700543

Cited 38 times | Published

declare Florida's capital sentencing scheme, section 921.141, Florida Statutes (2004), unconstitutional

White v. State

817 So. 2d 799, 2002 WL 500174

Supreme Court of Florida | Filed: Apr 4, 2002 | Docket: 1728324

Cited 38 times | Published

minimal involvement in Crawford's murder. See § 921.141(6)(d), Fla. Stat. (1999) ("[A] mitigating circumstance

Mills v. Moore

786 So. 2d 532, 2001 WL 360893

Supreme Court of Florida | Filed: Apr 12, 2001 | Docket: 429713

Cited 38 times | Published

section 775.082(1) is read in pari materia with section 921.141, Florida Statutes, there can be no doubt that

Rogers v. State

783 So. 2d 980, 2001 WL 197014

Supreme Court of Florida | Filed: Mar 1, 2001 | Docket: 1675778

Cited 38 times | Published

of extreme mental or emotional disturbance." § 921.141(6)(b), Fla.Stat. (1995). In conjunction with this

Hill v. State

688 So. 2d 901, 1996 WL 681384

Supreme Court of Florida | Filed: Nov 27, 1996 | Docket: 2533088

Cited 38 times | Published

with a "pretense" of moral justification. In section 921.141, Florida Statutes (1995), the legislature has

Klokoc v. State

589 So. 2d 219, 1991 WL 253353

Supreme Court of Florida | Filed: Sep 5, 1991 | Docket: 1730690

Cited 38 times | Published

present for this crime. We reject the claim that section 921.141(5)(i), Florida Statutes, is unconstitutionally

Jackson v. State

522 So. 2d 802, 1988 WL 12544

Supreme Court of Florida | Filed: Feb 18, 1988 | Docket: 1660913

Cited 38 times | Published

heightened level of premeditation necessary under section 921.141(5)(i). See Scott, 494 So.2d at 1138; Card v

Bertolotti v. Dugger

514 So. 2d 1095, 12 Fla. L. Weekly 548

Supreme Court of Florida | Filed: Oct 30, 1987 | Docket: 386098

Cited 38 times | Published

committed during the commission of a felony under section 921.141(5)(d), Florida Statutes. He maintains that

Teffeteller v. State

495 So. 2d 744, 11 Fla. L. Weekly 435

Supreme Court of Florida | Filed: Aug 21, 1986 | Docket: 1735552

Cited 38 times | Published

however, is broader than framed by appellant. Section 921.141(1), Florida Statutes (1985), provides in pertinent

Jones v. State

440 So. 2d 570

Supreme Court of Florida | Filed: Sep 15, 1983 | Docket: 1429920

Cited 38 times | Published

death is appropriate to this case under law. § 921.141(4), Fla. Stat. (1981). We affirm the conviction

Stevens v. State

419 So. 2d 1058

Supreme Court of Florida | Filed: Sep 14, 1982 | Docket: 1555149

Cited 38 times | Published

kidnapping, an aggravating circumstance *1064 under section 921.141(5)(d), Florida Statutes (1977); that it was

Shriner v. State

386 So. 2d 525

Supreme Court of Florida | Filed: May 22, 1980 | Docket: 2461706

Cited 38 times | Published

mitigating factors beyond those enumerated in section 921.141(6), Florida Statutes (1977),[13] the evidence

Washington v. State

362 So. 2d 658

Supreme Court of Florida | Filed: Sep 7, 1978 | Docket: 1363161

Cited 38 times | Published

Section 3(b)(1), Florida Constitution, and Section 921.141(4), Florida Statutes (1975). These appeals

Tanzi v. State

964 So. 2d 106, 2007 WL 1362862

Supreme Court of Florida | Filed: May 10, 2007 | Docket: 1268266

Cited 37 times | Published

Willacy v. State, 696 So.2d 693, 695 (Fla.1997). Section 921.141(5), Florida Statutes (1999), provides an exclusive

Glock v. Moore

776 So. 2d 243, 2001 WL 10604

Supreme Court of Florida | Filed: Jan 5, 2001 | Docket: 422041

Cited 37 times | Published

the murder was committed to avoid arrest [section 921.141(5)(e), Florida Statutes (1983)]; (2) the murder

Abshire v. State

642 So. 2d 542, 1994 WL 286355

Supreme Court of Florida | Filed: Jun 30, 1994 | Docket: 1529417

Cited 37 times | Published

deprived the defendant of a fair trial; (11) section 921.141 Florida Statutes (1991) should have been held

Abshire v. State

642 So. 2d 542, 1994 WL 286355

Supreme Court of Florida | Filed: Jun 30, 1994 | Docket: 1529417

Cited 37 times | Published

deprived the defendant of a fair trial; (11) section 921.141 Florida Statutes (1991) should have been held

Power v. State

605 So. 2d 856, 1992 WL 205517

Supreme Court of Florida | Filed: Aug 27, 1992 | Docket: 1702001

Cited 37 times | Published

inaccuracies in the trial transcript; (2) section 921.141(5)(h), Florida Statutes (1989), which defines

Muehleman v. State

503 So. 2d 310, 12 Fla. L. Weekly 39

Supreme Court of Florida | Filed: Jan 8, 1987 | Docket: 1452774

Cited 37 times | Published

sir. Nevertheless, we follow the mandate of section 921.141(4), Florida Statutes (1985), that "[t]he judgment

Spencer v. SECRETARY, DEPT. OF CORRECTIONS

609 F.3d 1170, 2010 U.S. App. LEXIS 13227, 2010 WL 2488422

Court of Appeals for the Eleventh Circuit | Filed: Jun 22, 2010 | Docket: 334690

Cited 36 times | Published

contemporaneous convictions, pursuant to Fla. Stat. § 921.141(5)(b); and the especially heinous, atrocious or

Hitchcock v. State

991 So. 2d 337, 2008 WL 2130222

Supreme Court of Florida | Filed: May 22, 2008 | Docket: 1400229

Cited 36 times | Published

enumerated felony of sexual battery and HAC. See § 921.141(5)(d), (h) (1977), Fla. Stat.[15] The circuit

Allen v. State

662 So. 2d 323, 1995 WL 424438

Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 316536

Cited 36 times | Published

victim's death." § 921.141(7), Fla. Stat. (Supp. 1992). Even though section 921.141(7) did not become

Castro v. State

644 So. 2d 987, 1994 WL 481638

Supreme Court of Florida | Filed: Sep 8, 1994 | Docket: 1672322

Cited 36 times | Published

murder is unconstitutionally vague; and (11) section 921.141, Florida Statutes (1987), is unconstitutional

Vining v. State

637 So. 2d 921, 1994 WL 149681

Supreme Court of Florida | Filed: Apr 28, 1994 | Docket: 1521580

Cited 36 times | Published

death sentence are limited to those set out in section 921.141(5), Florida Statutes (1987). Therefore, there

Vining v. State

637 So. 2d 921, 1994 WL 149681

Supreme Court of Florida | Filed: Apr 28, 1994 | Docket: 1521580

Cited 36 times | Published

death sentence are limited to those set out in section 921.141(5), Florida Statutes (1987). Therefore, there

Turner v. Dugger

614 So. 2d 1075, 1992 WL 382162

Supreme Court of Florida | Filed: Dec 24, 1992 | Docket: 449276

Cited 36 times | Published

conferences did not violate the mandate of section 921.141, Florida Statutes (1983), and the fact that

Anderson v. State

574 So. 2d 87, 1991 WL 1328

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 2449739

Cited 36 times | Published

been convicted of another capital felony, section 921.141(5)(b), Florida Statutes (1985), and treated

James Ernest Hitchcock v. Louie L. Wainwright

770 F.2d 1514, 1985 U.S. App. LEXIS 26360

Court of Appeals for the Eleventh Circuit | Filed: Aug 28, 1985 | Docket: 489762

Cited 36 times | Published

permitted mitigating considerations. Fla.Stat.Ann. § 921.141(6)(b). Petitioner has cited us no cases holding

Herzog v. State

439 So. 2d 1372

Supreme Court of Florida | Filed: Sep 22, 1983 | Docket: 2378158

Cited 36 times | Published

the commission of the crime," thus negating section 921.141(6)(e), Florida Statutes (1981) (that the defendant

McCrae v. State

395 So. 2d 1145

Supreme Court of Florida | Filed: Apr 9, 1981 | Docket: 365974

Cited 36 times | Published

recommended a life sentence. As required by section 921.141(3), Florida Statutes (1975), the trial judge

McCrae v. State

395 So. 2d 1145

Supreme Court of Florida | Filed: Apr 9, 1981 | Docket: 365974

Cited 36 times | Published

recommended a life sentence. As required by section 921.141(3), Florida Statutes (1975), the trial judge

Williams v. State

386 So. 2d 538

Supreme Court of Florida | Filed: Jun 12, 1980 | Docket: 2305112

Cited 36 times | Published

[7] § 921.141(5)(c), Fla. Stat. (1975). [8] § 921.141(5)(b), Fla. Stat. (1975). [9] § 921.141(5)(h)

Miller v. State

373 So. 2d 882

Supreme Court of Florida | Filed: Aug 31, 1979 | Docket: 1772602

Cited 36 times | Published

homicide and with this defendant. Pursuant to Florida Statute 921.141, the Court finds the following aggravating

Miller v. State

42 So. 3d 204, 35 Fla. L. Weekly Supp. 323, 2010 Fla. LEXIS 854, 2010 WL 2195709

Supreme Court of Florida | Filed: Jun 3, 2010 | Docket: 2398193

Cited 35 times | Published

support of a death sentence, which are stated in section 921.141(3). He bases this assertion on the premise

Victorino v. State

23 So. 3d 87, 34 Fla. L. Weekly Supp. 645, 2009 Fla. LEXIS 1954, 2009 WL 4061285

Supreme Court of Florida | Filed: Nov 25, 2009 | Docket: 1657703

Cited 35 times | Published

infirm because it is overbroad and vague. See § 921.141(5)(h), Fla. Stat. (2005) (“The capital felony

Turner v. State

645 So. 2d 444, 1994 WL 656648

Supreme Court of Florida | Filed: Nov 23, 1994 | Docket: 115

Cited 35 times | Published

any pretense of moral or legal justification. § 921.141(5)(d), (e), (f), (h), (i), Fla. Stat. (1989).

Thompson v. State

565 So. 2d 1311, 1990 WL 82924

Supreme Court of Florida | Filed: Jun 14, 1990 | Docket: 1403316

Cited 35 times | Published

Thompson. Many times this Court has said that section 921.141(5)(i) of the Florida Statutes (1987), requires

Huggins v. State

889 So. 2d 743, 2004 WL 2755802

Supreme Court of Florida | Filed: Dec 2, 2004 | Docket: 1488441

Cited 34 times | Published

introduced by the State fell within the purpose of section 921.141(7), Florida Statutes (2002), which allows the

Banda v. State

536 So. 2d 221, 1988 WL 133910

Supreme Court of Florida | Filed: Dec 8, 1988 | Docket: 1759774

Cited 34 times | Published

without pretense of moral justification. See § 921.141(5)(i), Fla. Stat. (1985). On this direct appeal

Bates v. State

465 So. 2d 490, 10 Fla. L. Weekly 97

Supreme Court of Florida | Filed: Jan 31, 1985 | Docket: 1695039

Cited 34 times | Published

a cold, calculated, and premeditated manner. § 921.141(5)(d), (e), (f), (h), (i), Fla. Stat. (1981).

Peek v. State

395 So. 2d 492

Supreme Court of Florida | Filed: Jan 27, 1981 | Docket: 1317967

Cited 34 times | Published

1. As an aggravated circumstance under Florida Statute 921.141(5) (a) The capital felony of Murder in

Stone v. State

378 So. 2d 765

Supreme Court of Florida | Filed: Nov 1, 1979 | Docket: 1795211

Cited 34 times | Published

defendant was under sentence of imprisonment." § 921.141(5)(a), Fla. Stat. (1973). Defendant was first

Foster v. State

369 So. 2d 928

Supreme Court of Florida | Filed: Feb 22, 1979 | Docket: 426144

Cited 34 times | Published

aggravating circumstances existed as enumerated in Section 921.141(5), Florida Statutes (1975), that justified

Rigterink v. State

66 So. 3d 866, 36 Fla. L. Weekly Supp. 273, 2011 Fla. LEXIS 1343, 2011 WL 2374188

Supreme Court of Florida | Filed: Jun 16, 2011 | Docket: 2362063

Cited 33 times | Published

Procedure 3.202. N.3] § 921.141 (5)(b), Fla. Stat. (2003). N.4] § 921.141(5)(h), Fla. Stat. (2003)

Rigterink v. State

66 So. 3d 866, 36 Fla. L. Weekly Supp. 273, 2011 Fla. LEXIS 1343, 2011 WL 2374188

Supreme Court of Florida | Filed: Jun 16, 2011 | Docket: 2362063

Cited 33 times | Published

Procedure 3.202. N.3] § 921.141 (5)(b), Fla. Stat. (2003). N.4] § 921.141(5)(h), Fla. Stat. (2003)

Marek v. State

14 So. 3d 985, 34 Fla. L. Weekly Supp. 461, 2009 Fla. LEXIS 1125, 2009 WL 2045416

Supreme Court of Florida | Filed: Jul 16, 2009 | Docket: 1649938

Cited 33 times | Published

a new guilt phase. *996 3. Penalty Phase Section 921.141(1), Florida Statutes (2008), expressly provides

Lukehart v. State

776 So. 2d 906, 2000 WL 1424534

Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 1521337

Cited 33 times | Published

aggravated child abuse is an enumerated felony in section 921.141, Florida Statutes (1995). We do not agree.

Johnson v. State

696 So. 2d 326, 1997 WL 228421

Supreme Court of Florida | Filed: May 8, 1997 | Docket: 1325758

Cited 33 times | Published

(1966). [4] § 921.141(5)(b), Fla.Stat. (1987). [5] Id. § 921.141(5)(c). [6] Id. § 921.141(5)(d). [7]

Whitton v. State

649 So. 2d 861, 1994 WL 668166

Supreme Court of Florida | Filed: Dec 1, 1994 | Docket: 36

Cited 33 times | Published

JJ., concur. NOTES [1] § 921.141(5)(a), Fla. Stat. (Supp. 1990). [2] § 921.141(5)(b), Fla. Stat. (Supp

Troutman v. State

630 So. 2d 528, 1993 WL 444292

Supreme Court of Florida | Filed: Nov 4, 1993 | Docket: 481340

Cited 33 times | Published

written findings are required by statute: section 921.141(3), Florida Statutes (1991), findings in support

Watts v. State

593 So. 2d 198, 1992 WL 157

Supreme Court of Florida | Filed: Jan 2, 1992 | Docket: 1508879

Cited 33 times | Published

especially heinous, atrocious, or cruel, under section 921.141(5)(h), Florida Statutes (1987). The victim

Watts v. State

593 So. 2d 198, 1992 WL 157

Supreme Court of Florida | Filed: Jan 2, 1992 | Docket: 1508879

Cited 33 times | Published

especially heinous, atrocious, or cruel, under section 921.141(5)(h), Florida Statutes (1987). The victim

Patterson v. State

513 So. 2d 1257, 12 Fla. L. Weekly 528

Supreme Court of Florida | Filed: Oct 15, 1987 | Docket: 1689575

Cited 33 times | Published

mitigating circumstances that applied in the case. Section 921.141, Florida Statutes (1985), requires a trial

Brookings v. State

495 So. 2d 135, 11 Fla. L. Weekly 445

Supreme Court of Florida | Filed: Aug 28, 1986 | Docket: 1727651

Cited 33 times | Published

imprisonment in the Ohio State Penitentiary. § 921.141(5)(a), Fla. Stat. 2) Previous convictions of three

James David Raulerson v. Louie L. Wainwright, Secretary of the Florida Department of Offender Rehabilitation

753 F.2d 869, 1985 U.S. App. LEXIS 28074

Court of Appeals for the Eleventh Circuit | Filed: Jan 28, 1985 | Docket: 160479

Cited 33 times | Published

(3) unconstitutional application of Fla.Stat. § 921.141(6) at the initial sentencing hearing to limit

Thomas v. State

456 So. 2d 454

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 1447610

Cited 33 times | Published

properly weigh all the circumstances. Pursuant to section 921.141, Florida Statutes (1979), the trial judge found

Francois v. State

407 So. 2d 885

Supreme Court of Florida | Filed: Oct 15, 1981 | Docket: 2469857

Cited 33 times | Published

with regard thereto. Appellant argues that section 921.141, Florida Statutes (1977), violates due process

Enmund v. State

399 So. 2d 1362

Supreme Court of Florida | Filed: Apr 16, 1981 | Docket: 2460382

Cited 33 times | Published

evidence on the issue of sentence pursuant to section 921.141, Florida Statutes (1975), and recommended the

Evans v. State

838 So. 2d 1090, 2002 WL 31519866

Supreme Court of Florida | Filed: Nov 14, 2002 | Docket: 18343

Cited 32 times | Published

which Evans had been convicted. Pursuant to section 921.141(1), Florida Statutes (1999), hearsay testimony

Evans v. State

838 So. 2d 1090, 2002 WL 31519866

Supreme Court of Florida | Filed: Nov 14, 2002 | Docket: 18343

Cited 32 times | Published

which Evans had been convicted. Pursuant to section 921.141(1), Florida Statutes (1999), hearsay testimony

Williamson v. State

681 So. 2d 688, 1996 WL 528459

Supreme Court of Florida | Filed: Sep 19, 1996 | Docket: 1385252

Cited 32 times | Published

appellant's death sentence be vacated; and (6) section 921.141 is unconstitutional.[9] As his first issue

Esty v. State

642 So. 2d 1074, 1994 WL 416715

Supreme Court of Florida | Filed: Aug 11, 1994 | Docket: 549684

Cited 32 times | Published

[2] § 921.141(5)(h), Fla. Stat. (1991). [3] § 921.141(5)(i), Fla. Stat. (1991). [4] § 921.141(6)(a)

Clark v. State

609 So. 2d 513, 1992 WL 301364

Supreme Court of Florida | Filed: Oct 22, 1992 | Docket: 365072

Cited 32 times | Published

murder was cold, calculated, and premeditated. § 921.141(5)(d), (f), (h), (i), Fla. Stat. (1989). Clark

Clark v. State

609 So. 2d 513, 1992 WL 301364

Supreme Court of Florida | Filed: Oct 22, 1992 | Docket: 365072

Cited 32 times | Published

murder was cold, calculated, and premeditated. § 921.141(5)(d), (f), (h), (i), Fla. Stat. (1989). Clark

Shere v. State

579 So. 2d 86, 1991 WL 45123

Supreme Court of Florida | Filed: Apr 4, 1991 | Docket: 2041247

Cited 32 times | Published

governmental function or law enforcement. See § 921.141(5)(g), Fla. Stat. (1987). We disagree. Substantial

Jones v. State

569 So. 2d 1234, 1990 WL 180595

Supreme Court of Florida | Filed: Sep 13, 1990 | Docket: 1190022

Cited 32 times | Published

death penalty. First, Jones contends that section 921.141(2), Florida Statutes (1987), and the federal

Stewart v. State

549 So. 2d 171, 1989 WL 101538

Supreme Court of Florida | Filed: Aug 31, 1989 | Docket: 1719623

Cited 32 times | Published

We find no such violation in this instance. § 921.141(1), Fla. Stat. (1985). However, the essence of

Troedel v. State

462 So. 2d 392

Supreme Court of Florida | Filed: Dec 6, 1984 | Docket: 1509966

Cited 32 times | Published

pretense of moral or legal justification under section 921.141(5)(i), Florida Statutes (1981). In support

Mason v. State

438 So. 2d 374

Supreme Court of Florida | Filed: Sep 8, 1983 | Docket: 1271218

Cited 32 times | Published

use or threat of violence to the person. See § 921.141(5)(b), Fla. Stat. (1979). While some of the prior

Demps v. State

395 So. 2d 501

Supreme Court of Florida | Filed: Jan 8, 1981 | Docket: 1318140

Cited 32 times | Published

2d 1, 9 (Fla. 1973). [7] § 921.141(5)(h), Fla. Stat. (1979). [8] § 921.141(5)(e), Fla. Stat. (1979)

Mines v. State

390 So. 2d 332

Supreme Court of Florida | Filed: Sep 25, 1980 | Docket: 1750325

Cited 32 times | Published

aggravating circumstances to those set forth in section 921.141(5), Florida Statutes (1975). Under the procedures

Tavares David Calloway v. State of Florida

210 So. 3d 1160, 42 Fla. L. Weekly Supp. 45, 2017 WL 372058, 2017 Fla. LEXIS 192

Supreme Court of Florida | Filed: Jan 26, 2017 | Docket: 4574073

Cited 31 times | Published

circumstances: prior conviction of a capital felony, § 921.141(5)(b), Fla. Stat. (1997) (great weight); capital

Trotter v. Secretary, Department of Corrections

535 F.3d 1286, 2008 U.S. App. LEXIS 15553, 21 Fla. L. Weekly Fed. C 935

Court of Appeals for the Eleventh Circuit | Filed: Jul 23, 2008 | Docket: 161224

Cited 31 times | Published

list of aggravating circumstances, Fla. Stat. § 921.141(5) (1985), and the trial court found four of them

Merck v. State

664 So. 2d 939, 1995 WL 598487

Supreme Court of Florida | Filed: Oct 12, 1995 | Docket: 1656025

Cited 31 times | Published

found as an aggravating factor the following: 1. F.S. 921.141(5)(b): The defendant was previously convicted

Stewart v. State

558 So. 2d 416, 1990 WL 29521

Supreme Court of Florida | Filed: Mar 15, 1990 | Docket: 1406417

Cited 31 times | Published

requirements of law was substantially impaired." § 921.141, Fla. Stat. (Supp. 1988). Defense counsel asked

Doyle v. State

460 So. 2d 353

Supreme Court of Florida | Filed: Oct 18, 1984 | Docket: 371795

Cited 31 times | Published

relating to mental condition are set forth in section 921.141(6)(b) and (f), Florida Statutes (1983). In

Squires v. State

450 So. 2d 208

Supreme Court of Florida | Filed: Mar 15, 1984 | Docket: 1729125

Cited 31 times | Published

made in respect to the factor enumerated in section 921.141(6)(d), Florida Statutes (1981), where the trial

Perez v. State

919 So. 2d 347, 2005 WL 2782589

Supreme Court of Florida | Filed: Jan 5, 2006 | Docket: 1269629

Cited 30 times | Published

apply to penalty phase proceedings pursuant to section 921.141(1) of the Florida Statutes, those proceeding

Gordon v. State

704 So. 2d 107, 1997 WL 730708

Supreme Court of Florida | Filed: Nov 26, 1997 | Docket: 472269

Cited 30 times | Published

the commission of a burglary and robbery, section 921.141(5)(d), Florida Statutes (1993); (2) the murder

Banks v. State

700 So. 2d 363, 1997 WL 527421

Supreme Court of Florida | Filed: Aug 28, 1997 | Docket: 1719671

Cited 30 times | Published

during the commission of a felony listed in section 921.141(5)(d), Florida Statutes (1991).[5] He argues

Steverson v. State

695 So. 2d 687, 1997 WL 311853

Supreme Court of Florida | Filed: Jun 12, 1997 | Docket: 425032

Cited 30 times | Published

to a corrections officer; and (5) whether section 921.141(5)(d), Florida Statutes (1995), Florida's felony

Farina v. State

680 So. 2d 392, 1996 WL 182810

Supreme Court of Florida | Filed: Apr 18, 1996 | Docket: 1664019

Cited 30 times | Published

any pretense of moral or legal justification. § 921.141(5)(b), (e), (f), (g), (i), Fla.Stat. (1991). The

Phillips v. State

608 So. 2d 778, 1992 WL 236207

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 1449688

Cited 30 times | Published

to other inmates. [4] § 921.141(6)(b), (f), Fla. Stat. (1981). [5] § 921.141(5)(i), (h), Fla. Stat.

Santos v. State

591 So. 2d 160, 1991 WL 188306

Supreme Court of Florida | Filed: Sep 26, 1991 | Docket: 1528097

Cited 30 times | Published

of extreme mental or emotional disturbance, section 921.141(6)(b), Florida Statutes (1987), and that Santos

Gilliam v. State

582 So. 2d 610, 1991 WL 66650

Supreme Court of Florida | Filed: May 2, 1991 | Docket: 1363416

Cited 30 times | Published

BARKETT, GRIMES and KOGAN, JJ., concur. NOTES [1] § 921.141(5)(h), Fla. Stat. (1981). Two additional aggravating

Nibert v. State

508 So. 2d 1, 12 Fla. L. Weekly 225

Supreme Court of Florida | Filed: May 7, 1987 | Docket: 1649066

Cited 30 times | Published

process necessary to satisfy the requirements of section 921.141, *4 Florida Statutes (1985). We further note

Lambrix v. State

494 So. 2d 1143, 11 Fla. L. Weekly 503

Supreme Court of Florida | Filed: Sep 25, 1986 | Docket: 124348

Cited 30 times | Published

by a person under sentence of imprisonment, section 921.141(5)(a), Florida Statutes (1983); (2) the defendant

Simmons v. State

419 So. 2d 316

Supreme Court of Florida | Filed: Aug 26, 1982 | Docket: 1586163

Cited 30 times | Published

therefore conclude that, for the purposes of section 921.141(5)(b), Florida Statutes (1977), robbery is

Fleming v. State

374 So. 2d 954

Supreme Court of Florida | Filed: Jun 14, 1979 | Docket: 412773

Cited 30 times | Published

court that a sentence of death be imposed. See section 921.141(1), Florida Statutes. Appellant argues that

Ault v. State

53 So. 3d 175, 35 Fla. L. Weekly Supp. 527, 2010 Fla. LEXIS 1631, 2010 WL 3781991

Supreme Court of Florida | Filed: Sep 30, 2010 | Docket: 2407582

Cited 29 times | Published

conduct to the law was substantially impaired, see § 921.141(6)(f), Fla. Stat. (2007); and (2) the capital

Ault v. State

53 So. 3d 175, 35 Fla. L. Weekly Supp. 527, 2010 Fla. LEXIS 1631, 2010 WL 3781991

Supreme Court of Florida | Filed: Sep 30, 2010 | Docket: 2407582

Cited 29 times | Published

conduct to the law was substantially impaired, see § 921.141(6)(f), Fla. Stat. (2007); and (2) the capital

Bello v. State

547 So. 2d 914, 1989 WL 75302

Supreme Court of Florida | Filed: Jul 6, 1989 | Docket: 1738645

Cited 29 times | Published

[2] § 921.141(5)(b), Fla. Stat. (1981). [3] § 921.141(5)(c), Fla. Stat. (1981). [4] § 921.141(5)(e)

Jackson v. State

498 So. 2d 906, 11 Fla. L. Weekly 609

Supreme Court of Florida | Filed: Nov 26, 1986 | Docket: 1699700

Cited 29 times | Published

cross-examine. [2] See § 921.141(5)(h), Fla. Stat. (1985). [3] See § 921.141(5)(i), Fla. Stat. (1985)

Valle v. State

474 So. 2d 796, 10 Fla. L. Weekly 381

Supreme Court of Florida | Filed: Jul 11, 1985 | Docket: 2518323

Cited 29 times | Published

certain mitigating circumstances set forth in section 921.141(6)(b), (e), and (f), Florida Statutes (1981)

Bolender v. State

422 So. 2d 833

Supreme Court of Florida | Filed: Oct 28, 1982 | Docket: 2463797

Cited 29 times | Published

court found the following circumstances listed in § 921.141(5) applicable: (a) the crime was committed by

Mann v. State

420 So. 2d 578

Supreme Court of Florida | Filed: Sep 2, 1982 | Docket: 47

Cited 29 times | Published

to impose the death penalty is set out in section 921.141(5)(b), Florida Statutes (1979): "The defendant

Menendez v. State

419 So. 2d 312

Supreme Court of Florida | Filed: Aug 26, 1982 | Docket: 1608660

Cited 29 times | Published

mandate and was proper. Appellant contends that section 921.141, Florida Statutes (1975), is unconstitutional

Armstrong v. State

399 So. 2d 953

Supreme Court of Florida | Filed: Jun 15, 1981 | Docket: 2461681

Cited 29 times | Published

evidence on the issue of sentence pursuant to section 921.141, Florida Statutes (1975), and recommended the

Holmes v. State

374 So. 2d 944

Supreme Court of Florida | Filed: Apr 26, 1979 | Docket: 430273

Cited 29 times | Published

denying the motion to withdraw the guilty plea. Section 921.141(1), Florida Statutes, contemplates the possibility

Gibson v. State

351 So. 2d 948

Supreme Court of Florida | Filed: Jul 28, 1977 | Docket: 1671775

Cited 29 times | Published

exist. We reject appellant's contention that Section 921.141, Florida Statutes (1975), is unconstitutional

State Ex Rel. Manucy v. Wadsworth

293 So. 2d 345

Supreme Court of Florida | Filed: Apr 1, 1974 | Docket: 1627941

Cited 29 times | Published

re-enacted a death penalty statute. Fla. Stat. § 921.141 (1972) which re-vitalized the classification of

TAI A. PHAM v. State

70 So. 3d 485, 36 Fla. L. Weekly Supp. 259, 2011 Fla. LEXIS 1346, 2011 WL 2374834

Supreme Court of Florida | Filed: Jun 16, 2011 | Docket: 2356724

Cited 28 times | Published

involving the use or threat of violence. See § 921.141(1), (5)(b), Fla. Stat. (2006); Rhodes v. State

Lowe v. State

2 So. 3d 21, 33 Fla. L. Weekly Supp. 871, 2008 Fla. LEXIS 2053, 2008 WL 4809695

Supreme Court of Florida | Filed: Nov 6, 2008 | Docket: 1137949

Cited 28 times | Published

would be admissible at a new penalty phase. Section 921.141(1), Florida Statutes (2007), provides, in pertinent

Pangburn v. State

661 So. 2d 1182, 1995 WL 392870

Supreme Court of Florida | Filed: Jul 6, 1995 | Docket: 1526422

Cited 28 times | Published

and a recommendation of life for the other. Section 921.141, Florida Statutes (1991), which governs the

Capehart v. State

583 So. 2d 1009

Supreme Court of Florida | Filed: Jun 13, 1991 | Docket: 1284151

Cited 28 times | Published

[2] See § 921.141(5)(b), Fla. Stat. (1987). [3] Id. § 921.141(5)(d). [4] Id. § 921.141(5)(h). [5]

Hegwood v. State

575 So. 2d 170, 1991 WL 6536

Supreme Court of Florida | Filed: Jan 17, 1991 | Docket: 1443763

Cited 28 times | Published

of extreme mental or emotional disturbance (section 921.141(6)(b)) and that Ferry's capacity to appreciate

Brown v. State

526 So. 2d 903, 13 Fla. L. Weekly 317

Supreme Court of Florida | Filed: May 12, 1988 | Docket: 1679792

Cited 28 times | Published

[2] § 921.141(5)(b), Fla. Stat. (1987). [3] § 921.141(5)(d), Fla. Stat. (1987). [4] § 921.141(5)(g)

Huff v. State

495 So. 2d 145, 11 Fla. L. Weekly 451

Supreme Court of Florida | Filed: Aug 28, 1986 | Docket: 1750910

Cited 28 times | Published

[3] § 921.141(5)(f), Fla. Stat. (1983). [4] § 921.141(5)(i), Fla. Stat. (1983). [5] § 921.141(5)(h)

Hoffman v. State

474 So. 2d 1178, 10 Fla. L. Weekly 418

Supreme Court of Florida | Filed: Aug 22, 1985 | Docket: 1469915

Cited 28 times | Published

of the appeal. Art. V, § 3(b)(1), Fla. Const.; § 921.141, Fla. Stat. (1979). Appellant was charged with

Jackson v. State

366 So. 2d 752

Supreme Court of Florida | Filed: Oct 26, 1978 | Docket: 1227094

Cited 28 times | Published

or not appellant was appropriately sentenced. § 921.141(4), F.S. (1975). The trial judge made the following

Spenkelink v. State

350 So. 2d 85

Supreme Court of Florida | Filed: Sep 16, 1977 | Docket: 413909

Cited 28 times | Published

were determining the constitutionality of Section 921.141, Florida Statutes, I would find the statute

Huckaby v. State

343 So. 2d 29

Supreme Court of Florida | Filed: Feb 17, 1977 | Docket: 2449472

Cited 28 times | Published

PER CURIAM. By direct appeal pursuant to Section 921.141(4), Florida Statutes (1975), we have before

Martin v. State

107 So. 3d 281, 37 Fla. L. Weekly Supp. 563, 2012 Fla. LEXIS 1815, 2012 WL 4125813

Supreme Court of Florida | Filed: Sep 20, 2012 | Docket: 60228647

Cited 27 times | Published

felony and under a sentence of felony probation, § 921.141(5)(a), Fla. Stat. (2008) (great weight); (2) the

Martin v. State

107 So. 3d 281, 37 Fla. L. Weekly Supp. 563, 2012 Fla. LEXIS 1815, 2012 WL 4125813

Supreme Court of Florida | Filed: Sep 20, 2012 | Docket: 60228647

Cited 27 times | Published

felony and under a sentence of felony probation, § 921.141(5)(a), Fla. Stat. (2008) (great weight); (2) the

Smith v. State

28 So. 3d 838, 34 Fla. L. Weekly Supp. 681, 2009 Fla. LEXIS 2067, 2009 WL 4841038

Supreme Court of Florida | Filed: Dec 17, 2009 | Docket: 1652281

Cited 27 times | Published

committed the felony while he was on probation, see § 921.141(5)(a), Fla. Stat. (2003) (moderate weight); (2)

Richard Henyard v. James McDonough

459 F.3d 1217, 2006 U.S. App. LEXIS 20655, 2006 WL 2328625

Court of Appeals for the Eleventh Circuit | Filed: Aug 11, 2006 | Docket: 398757

Cited 27 times | Published

including his 1989 juvenile conviction, see Fla. Stat. 921.141(5)(b); (2) Hen-yard had murdered Jamilya

Hitchcock v. State

866 So. 2d 23, 2003 WL 23162540

Supreme Court of Florida | Filed: Jan 15, 2004 | Docket: 1273947

Cited 27 times | Published

James Hitchcock was a minor participant. See Section 921.141(6)(d), Florida Statutes. Had James Hitchcock

Zakrzewski v. State

866 So. 2d 688, 2003 WL 22669486

Supreme Court of Florida | Filed: Nov 13, 2003 | Docket: 1680040

Cited 27 times | Published

argues that Florida's death penalty statute, section 921.141, Florida Statutes (2002), is unconstitutional

Gudinas v. State

816 So. 2d 1095, 2002 WL 464268

Supreme Court of Florida | Filed: Mar 28, 2002 | Docket: 1559911

Cited 27 times | Published

been convicted of a prior violent felony, section 921.141(5)(b), Florida Statutes (1995); (2) the murder

Perry v. State

801 So. 2d 78, 2001 WL 1241060

Supreme Court of Florida | Filed: Oct 18, 2001 | Docket: 1495138

Cited 27 times | Published

directed toward the defendant's character. See § 921.141(1), Fla. Stat. (1987) In Elledge v. State, 346

Valle v. State

778 So. 2d 960, 2001 WL 40375

Supreme Court of Florida | Filed: Jan 18, 2001 | Docket: 2518192

Cited 27 times | Published

proposed sentencing orders, which are governed by section 921.141, Florida Statutes (1999), and require the trial

Sims v. State

681 So. 2d 1112, 1996 WL 399962

Supreme Court of Florida | Filed: Jul 18, 1996 | Docket: 1384637

Cited 27 times | Published

class of defendants subject to the death penalty. § 921.141(5)(d), Fla. Stat. (1993). We have previously rejected

Melton v. State

638 So. 2d 927, 1994 WL 178136

Supreme Court of Florida | Filed: May 12, 1994 | Docket: 1652575

Cited 27 times | Published

part of the penalty phase. [3] In addition, section 921.141(1), Florida Statutes (1991), does not provide

Duncan v. State

619 So. 2d 279, 1993 WL 132269

Supreme Court of Florida | Filed: Apr 29, 1993 | Docket: 1721713

Cited 27 times | Published

emotional disturbance at the time of the murder, section 921.141(6)(b), Florida Statutes (1989); and 3) Duncan's

Duncan v. State

619 So. 2d 279, 1993 WL 132269

Supreme Court of Florida | Filed: Apr 29, 1993 | Docket: 1721713

Cited 27 times | Published

emotional disturbance at the time of the murder, section 921.141(6)(b), Florida Statutes (1989); and 3) Duncan's

Hayes v. State

581 So. 2d 121, 1991 WL 83561

Supreme Court of Florida | Filed: May 23, 1991 | Docket: 1683858

Cited 27 times | Published

[3] See § 921.141(5)(i), Fla. Stat. (1987). [4] See id. § 921.141(5)(f). [5] See id. § 921.141(5)(d)

Lara v. State

464 So. 2d 1173, 10 Fla. L. Weekly 79

Supreme Court of Florida | Filed: Jan 24, 1985 | Docket: 1661288

Cited 27 times | Published

threat of violence in *1180 accordance with section 921.141(5)(b), Florida Statutes (1981). This aggravating

Card v. State

453 So. 2d 17

Supreme Court of Florida | Filed: Jun 7, 1984 | Docket: 1162922

Cited 27 times | Published

engaged in the commission of a kidnapping. (F.S. 921.141(5)(d)). The murder was also committed while

Elledge v. State

408 So. 2d 1021

Supreme Court of Florida | Filed: Oct 22, 1981 | Docket: 531165

Cited 27 times | Published

prior crimes under the aggravating factor in section 921.141(5)(b), Florida Statutes (1977).[1] Yet it is

Orme v. State

896 So. 2d 725, 2005 WL 425415

Supreme Court of Florida | Filed: Feb 24, 2005 | Docket: 472670

Cited 26 times | Published

individual. Such statements are permissible under section 921.141(7), Florida Statutes (1999) (allowing the State

Glock v. Moore

195 F.3d 625, 1999 U.S. App. LEXIS 29547, 1999 WL 1020518

Court of Appeals for the Eleventh Circuit | Filed: Nov 10, 1999 | Docket: 28914

Cited 26 times | Published

in his favor. See Fla. Stat. Ann. § 921.141(6). 7 As for nonstatutory mitigators

Miller v. State

733 So. 2d 955, 1999 WL 176045

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 2518396

Cited 26 times | Published

victim impact evidence did not comply with section 921.141(7), Florida Statutes (1995), and should have

Miller v. State

733 So. 2d 955, 1999 WL 176045

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 2518396

Cited 26 times | Published

victim impact evidence did not comply with section 921.141(7), Florida Statutes (1995), and should have

Fennie v. State

648 So. 2d 95, 1994 WL 318688

Supreme Court of Florida | Filed: Jul 7, 1994 | Docket: 1342496

Cited 26 times | Published

[1] § 921.141(5)(d), Fla. Stat. (1991). [2] § 921.141(5)(e), Fla. Stat. (1991). [3] § 921.141(5)(f)

Cardona v. State

641 So. 2d 361, 1994 WL 233894

Supreme Court of Florida | Filed: Jun 2, 1994 | Docket: 1152090

Cited 26 times | Published

murder was especially heinous, atrocious or cruel. § 921.141(5)(h), Fla. Stat. (1991). In mitigation, the court

Delap v. Dugger

513 So. 2d 659, 12 Fla. L. Weekly 517

Supreme Court of Florida | Filed: Oct 8, 1987 | Docket: 426142

Cited 26 times | Published

In his written findings in conformity with section 921.141(3), the court found that none of the statutory

Raulerson v. State

420 So. 2d 567

Supreme Court of Florida | Filed: Aug 26, 1982 | Docket: 1212795

Cited 26 times | Published

create a great risk of death to many persons. Section 921.141(5)(c), Florida Statutes (1973). There were

Chambers v. State

339 So. 2d 204

Supreme Court of Florida | Filed: Nov 4, 1976 | Docket: 1436611

Cited 26 times | Published

circumstances is directed in these cases by Section 921.141, Fla. Stat. (1975). State v. Dixon, 283 So

Lamadline v. State

303 So. 2d 17

Supreme Court of Florida | Filed: Nov 6, 1974 | Docket: 2467686

Cited 26 times | Published

pursuant to Fla. Const., Art. V, § 3(b)(1), and Fla. Stat. 921.141(4), to entertain this direct appeal from

Kokal v. Secretary, Department of Corrections

623 F.3d 1331, 2010 U.S. App. LEXIS 21439, 2010 WL 4056039

Court of Appeals for the Eleventh Circuit | Filed: Oct 18, 2010 | Docket: 304881

Cited 25 times | Published

engaged in the commission of a robbery, Fla. Stat. § 921.141(5)(d); (2) the capital felony was committed for

Belcher v. State

851 So. 2d 678, 2003 WL 21543546

Supreme Court of Florida | Filed: Jul 10, 2003 | Docket: 1313318

Cited 25 times | Published

statutory mitigating circumstances contained in section 921.141(6), Florida Statutes (2002), an instruction

Santos v. State

629 So. 2d 838, 1994 WL 1900

Supreme Court of Florida | Filed: Jan 6, 1994 | Docket: 1263455

Cited 25 times | Published

his conduct to the requirements of the law. See § 921.141(6)(b), (f), Fla. Stat. (1987). The State also

Lloyd Duest v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections

967 F.2d 472, 1992 U.S. App. LEXIS 16075, 1992 WL 164705

Court of Appeals for the Eleventh Circuit | Filed: Jul 15, 1992 | Docket: 837515

Cited 25 times | Published

nonstatutory mitigating evidence. Fla.Stat.Ann. § 921.-141(5)(b). 1 To establish this aggravating

Sochor v. State

580 So. 2d 595, 1991 WL 66651

Supreme Court of Florida | Filed: May 2, 1991 | Docket: 1716447

Cited 25 times | Published

the use or threat of violence to the person, § 921.141(5)(b), Fla. Stat. (1989); (2) the killing was

Valle v. State

581 So. 2d 40, 1991 WL 66658

Supreme Court of Florida | Filed: May 2, 1991 | Docket: 356111

Cited 25 times | Published

the defendant's character." We stated that section 921.141(1), Florida Statutes (1987), allowed for broader

Kight v. Dugger

574 So. 2d 1066, 1990 WL 191723

Supreme Court of Florida | Filed: Nov 29, 1990 | Docket: 1729821

Cited 25 times | Published

offense, believing that the plain meaning of section 921.141(6)(g) is chronological age and that defense

Hall v. State

568 So. 2d 882, 1990 WL 130205

Supreme Court of Florida | Filed: Sep 6, 1990 | Docket: 1526628

Cited 25 times | Published

was engaged in the commission of a kidnapping, § 921.141(5)(d), Fla. Stat. (1989); the capital felony was

Hall v. State

568 So. 2d 882, 1990 WL 130205

Supreme Court of Florida | Filed: Sep 6, 1990 | Docket: 1526628

Cited 25 times | Published

was engaged in the commission of a kidnapping, § 921.141(5)(d), Fla. Stat. (1989); the capital felony was

Boynton v. State

473 So. 2d 703, 10 Fla. L. Weekly 795

District Court of Appeal of Florida | Filed: Mar 27, 1985 | Docket: 451523

Cited 25 times | Published

written reason for a decision. For example, section 921.141(3), Florida Statutes (1983), regarding imposition

Clark v. State

443 So. 2d 973

Supreme Court of Florida | Filed: Dec 22, 1983 | Docket: 1459021

Cited 25 times | Published

the use or threat of violence to the person. § 921.141(5)(b), Fla. Stat. 2. The capital felony was committed

Stephen Todd Booker v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation, State of Florida

703 F.2d 1251, 1983 U.S. App. LEXIS 28590

Court of Appeals for the Eleventh Circuit | Filed: Apr 25, 1983 | Docket: 955227

Cited 25 times | Published

death imposed pursuant to Florida Statute Section 921.141 (1977). On appeal, Booker advances four contentions:

Arango v. State

411 So. 2d 172

Supreme Court of Florida | Filed: Jan 21, 1982 | Docket: 1697029

Cited 25 times | Published

held that the aggravating circumstances of section 921.141(6), Florida Statutes (1973), were like elements

Peterson v. State

94 So. 3d 514, 37 Fla. L. Weekly Supp. 370, 2012 WL 1722581, 2012 Fla. LEXIS 963

Supreme Court of Florida | Filed: May 17, 2012 | Docket: 60310908

Cited 24 times | Published

permissible victim impact evidence. Under section 921.141(7), Florida Statutes (2009), the State may

Harvey v. Warden, Union Correctional Institution

629 F.3d 1228, 2011 U.S. App. LEXIS 258, 2011 WL 37824

Court of Appeals for the Eleventh Circuit | Filed: Jan 6, 2011 | Docket: 961787

Cited 24 times | Published

attempt to commit robbery and burglary, Fla. Stat. § 921.141(5)(d) (1985); (2) for the purpose of avoiding

Harvey v. Warden, Union Correctional Institution

629 F.3d 1228, 2011 U.S. App. LEXIS 258, 2011 WL 37824

Court of Appeals for the Eleventh Circuit | Filed: Jan 6, 2011 | Docket: 961787

Cited 24 times | Published

attempt to commit robbery and burglary, Fla. Stat. § 921.141(5)(d) (1985); (2) for the purpose of avoiding

Gonzalez v. State

990 So. 2d 1017, 2008 WL 2608123

Supreme Court of Florida | Filed: Jul 3, 2008 | Docket: 52166

Cited 24 times | Published

proper role of victim impact evidence. Under section 921.141(7), Florida Statutes (2007), victim impact

Preston v. State

970 So. 2d 789, 2007 WL 1556649

Supreme Court of Florida | Filed: May 31, 2007 | Docket: 1695221

Cited 24 times | Published

the aggravating and mitigating factors of section 921.141(5) and (6), Florida Statutes (1981), in arriving

Taylor v. State

937 So. 2d 590, 2006 WL 1766774

Supreme Court of Florida | Filed: Jun 29, 2006 | Docket: 1513097

Cited 24 times | Published

committed while Taylor was on felony probation, see § 921.141(5)(a), Fla. Stat. (2001); (2) Taylor had previously

Hall v. Moore

792 So. 2d 447, 2001 WL 490787

Supreme Court of Florida | Filed: May 10, 2001 | Docket: 1735453

Cited 24 times | Published

appropriate for the commission of a capital felony, section 921.141(5)(i), Florida Statutes (2000), provides that

Cooper v. State

739 So. 2d 82, 1999 WL 459249

Supreme Court of Florida | Filed: Jul 8, 1999 | Docket: 1293863

Cited 24 times | Published

significant history of prior criminal activity. Section 921.141(6)(a), Florida Statutes. The evidence showed

Rhodes v. State

638 So. 2d 920, 1994 WL 164611

Supreme Court of Florida | Filed: May 5, 1994 | Docket: 1168716

Cited 24 times | Published

afforded a fair opportunity to rebut the evidence. § 921.141(1), Fla. Stat. (1991). We need only address Rhodes'

Cruse v. State

588 So. 2d 983, 1991 WL 216127

Supreme Court of Florida | Filed: Oct 24, 1991 | Docket: 1708205

Cited 24 times | Published

any pretense of moral or legal justification. § 921.141(5)(i), Fla. Stat. (1987). We find that the trial

Bobby Earl Lusk, Cross-Appellant v. Richard L. Dugger, Secretary, Florida Department of Corrections, Cross-Appellee

890 F.2d 332, 1989 U.S. App. LEXIS 18857, 1989 WL 140426

Court of Appeals for the Eleventh Circuit | Filed: Nov 22, 1989 | Docket: 822741

Cited 24 times | Published

heinous, atrocious, or cruel. Fla.Stat.Ann. § 921.141(5) (1985). In his closing argument, attorney

LeCroy v. State

533 So. 2d 750, 1988 WL 110770

Supreme Court of Florida | Filed: Oct 20, 1988 | Docket: 1232620

Cited 24 times | Published

defendant, the death penalty is appropriate. Section 921.141(6)(g) recognizes age as a possible mitigating

Floyd v. State

497 So. 2d 1211, 11 Fla. L. Weekly 594

Supreme Court of Florida | Filed: Nov 20, 1986 | Docket: 1256253

Cited 24 times | Published

circumstances must not be limited to those listed in section 921.141(6), Florida Statutes (1981). What Porter really

Floyd v. State

497 So. 2d 1211, 11 Fla. L. Weekly 594

Supreme Court of Florida | Filed: Nov 20, 1986 | Docket: 1256253

Cited 24 times | Published

circumstances must not be limited to those listed in section 921.141(6), Florida Statutes (1981). What Porter really

Jacobs v. State

396 So. 2d 1113

Supreme Court of Florida | Filed: Feb 26, 1981 | Docket: 1448026

Cited 24 times | Published

clear that the legislature in the enactment of section 921.141, Florida Statutes (1975), sought to extend

LeDuc v. State

365 So. 2d 149

Supreme Court of Florida | Filed: Nov 22, 1978 | Docket: 1314665

Cited 24 times | Published

extreme mental or emotional disturbance" [Section 921.141(6)(b)], or "The capacity of the defendant to

William Greg Thomas v. Attorney General, State of Florida

795 F.3d 1286, 2015 U.S. App. LEXIS 13369, 2015 WL 4597532

Court of Appeals for the Eleventh Circuit | Filed: Jul 31, 2015 | Docket: 2899939

Cited 23 times | Published

convicted of murdering his mother, Fla. Stat. § 921.141(5)(b); (2) the murder was committed in the course

Caylor v. State

78 So. 3d 482, 36 Fla. L. Weekly Supp. 615, 2011 Fla. LEXIS 2572, 2011 WL 5082614

Supreme Court of Florida | Filed: Oct 27, 2011 | Docket: 60305071

Cited 23 times | Published

was committed in the course of a felony. See § 921.141(5)(d), Fla. Stat. (2008). The trial court also

McKenzie v. State

29 So. 3d 272, 35 Fla. L. Weekly Supp. 7, 2010 Fla. LEXIS 6, 2010 WL 26526

Supreme Court of Florida | Filed: Jan 7, 2010 | Docket: 544646

Cited 23 times | Published

use or threat of violence to the person, see § 921.141(5)(b), Fla. Stat. (2006) (eight prior convictions

Cole v. State

841 So. 2d 409, 2003 WL 124508

Supreme Court of Florida | Filed: Jan 16, 2003 | Docket: 413079

Cited 23 times | Published

Cole to prove mitigating circumstances, that section 921.141(5), Florida Statutes (1993), is unconstitutionally

Gibson v. State

721 So. 2d 363, 1998 WL 746011

District Court of Appeal of Florida | Filed: Oct 28, 1998 | Docket: 345105

Cited 23 times | Published

different form in 1973. See § 921.141, Fla. Stat. (1973). Compare § 921.141, Fla. Stat. (1971). In Coker

Dillbeck v. State

643 So. 2d 1027, 1994 WL 137859

Supreme Court of Florida | Filed: Apr 21, 1994 | Docket: 435023

Cited 23 times | Published

especially heinous, atrocious, or cruel. See § 921.141, Fla. Stat. (1989). [2] The trial court found

Parker v. State

546 So. 2d 727, 1989 WL 84105

Supreme Court of Florida | Filed: Jul 27, 1989 | Docket: 1442334

Cited 23 times | Published

claim that it was a departure sentence. [3] § 921.141(3), Fla. Stat. (1987); Cave v. State, 445 So.2d

Eutzy v. State

541 So. 2d 1143, 1989 WL 33259

Supreme Court of Florida | Filed: Mar 28, 1989 | Docket: 1516587

Cited 23 times | Published

contends that this narrowing interpretation of section 921.141(5)(i), Florida Statutes (1985), is a fundamental

Amoros v. State

531 So. 2d 1256, 1988 WL 96024

Supreme Court of Florida | Filed: Sep 15, 1988 | Docket: 544210

Cited 23 times | Published

"especially heinous, atrocious, and cruel." See § 921.141(5)(h), Florida Statutes (1987). We are unable

Lemon v. State

456 So. 2d 885

Supreme Court of Florida | Filed: Jul 19, 1984 | Docket: 1362129

Cited 23 times | Published

reviewed the entire record as required by section 921.141(4), Florida Statutes (1981), and Florida Rule

Sims v. State

444 So. 2d 922

Supreme Court of Florida | Filed: Nov 3, 1983 | Docket: 452128

Cited 23 times | Published

rob and a previous conviction for robbery, section 921.141(5)(b), Florida Statutes (1977); that appellant

Jackson v. State

359 So. 2d 1190

Supreme Court of Florida | Filed: Mar 9, 1978 | Docket: 1418602

Cited 23 times | Published

Butler was committed for *1195 pecuniary gain [Section 921.141(5)(f), Florida Statutes (1973)] while appellant

Meeks v. State

339 So. 2d 186

Supreme Court of Florida | Filed: Oct 28, 1976 | Docket: 1729526

Cited 23 times | Published

phase of the bifurcated trial mandated by Section 921.141, Florida Statutes (1975), was entered. Counsel

Blackwood v. State

946 So. 2d 960, 2006 WL 2883125

Supreme Court of Florida | Filed: Oct 12, 2006 | Docket: 1771938

Cited 22 times | Published

murder was heinous, atrocious, or cruel (HAC). See § 921.141(5)(h), Fla. Stat. (1995). The court accepted the

Evans v. State

946 So. 2d 1, 2006 WL 2827647

Supreme Court of Florida | Filed: Oct 5, 2006 | Docket: 1770988

Cited 22 times | Published

argues that Florida's death penalty statute, section 921.141, Florida Statutes (2002), as applied to him

Ferrell v. State

918 So. 2d 163

Supreme Court of Florida | Filed: Dec 22, 2005 | Docket: 1715167

Cited 22 times | Published

as to the requisite findings required under section 921.141(3), Florida Statutes (Supp.1992).[2] Thus,

Diaz v. State

860 So. 2d 960, 2003 WL 22097440

Supreme Court of Florida | Filed: Sep 11, 2003 | Docket: 1511598

Cited 22 times | Published

found in Florida's death penalty statute. See § 921.141(5), Fla. Stat. (2001). In Furman v. Georgia, 408

Schwab v. State

814 So. 2d 402, 2002 WL 463873

Supreme Court of Florida | Filed: Mar 28, 2002 | Docket: 2451428

Cited 22 times | Published

unconstitutional automatic aggravating circumstance; (11) section 921.141, Florida Statutes (1989), is unconstitutionally

Wike v. State

698 So. 2d 817

Supreme Court of Florida | Filed: Jul 17, 1997 | Docket: 475559

Cited 22 times | Published

been allowed to hear this evidence. Under section 921.141(1), Florida Statutes (1993), in a capital sentencing

Hannon v. State

638 So. 2d 39, 1994 WL 233896

Supreme Court of Florida | Filed: Jun 2, 1994 | Docket: 2452590

Cited 22 times | Published

the murders were heinous, atrocious, or cruel. § 921.141(5)(a), (d), and (h), Fla. Stat. (1991). As to

Hannon v. State

638 So. 2d 39, 1994 WL 233896

Supreme Court of Florida | Filed: Jun 2, 1994 | Docket: 2452590

Cited 22 times | Published

the murders were heinous, atrocious, or cruel. § 921.141(5)(a), (d), and (h), Fla. Stat. (1991). As to

Pardo v. State

563 So. 2d 77, 1990 WL 74590

Supreme Court of Florida | Filed: May 31, 1990 | Docket: 1682890

Cited 22 times | Published

could qualify as prior capital felonies under section 921.141(5)(b), Florida Statutes (1987). *79 As to mitigation

Harich v. State

437 So. 2d 1082

Supreme Court of Florida | Filed: Aug 25, 1983 | Docket: 1257353

Cited 22 times | Published

standard of the penalty phase established in section 921.141(1), Florida Statutes (1981). At the conclusion

Wheeler v. State

4 So. 3d 599, 34 Fla. L. Weekly Supp. 80, 2009 Fla. LEXIS 137, 2009 WL 196310

Supreme Court of Florida | Filed: Jan 29, 2009 | Docket: 1378800

Cited 21 times | Published

arrest, and gave this aggravator great weight. See § 921.141(5)(e), Fla. Stat. (2005). The trial court recognized

Poole v. State

997 So. 2d 382, 2008 WL 5170547

Supreme Court of Florida | Filed: Dec 11, 2008 | Docket: 1378780

Cited 21 times | Published

under the guise of witness impeachment. Under section 921.141, Florida Statutes (2007), the State is only

Troy v. State

948 So. 2d 635, 2006 WL 2987627

Supreme Court of Florida | Filed: Oct 19, 2006 | Docket: 1773206

Cited 21 times | Published

should be imposed, then, in accordance with section 921.141, Florida Statutes (1983), the judge must set

State v. Steele

921 So. 2d 538

Supreme Court of Florida | Filed: Feb 2, 2006 | Docket: 1658862

Cited 21 times | Published

listed in the capital sentencing statute. See § 921.141(2)(a), Fla. Stat. (2004). It must also find that

Griffin v. State

820 So. 2d 906, 2002 WL 1066593

Supreme Court of Florida | Filed: May 30, 2002 | Docket: 352296

Cited 21 times | Published

order to be let into Service America. [3] See § 921.141(5)(b), Fla. Stat. (1997). Note that the finding

Griffin v. State

820 So. 2d 906, 2002 WL 1066593

Supreme Court of Florida | Filed: May 30, 2002 | Docket: 352296

Cited 21 times | Published

order to be let into Service America. [3] See § 921.141(5)(b), Fla. Stat. (1997). Note that the finding

Jackson v. State

704 So. 2d 500, 1997 WL 688787

Supreme Court of Florida | Filed: Nov 6, 1997 | Docket: 1706009

Cited 21 times | Published

prosecutor made improper arguments in closing; (5) section 921.141(7), which permits the introduction of impact

Caruso v. State

645 So. 2d 389, 1994 WL 540716

Supreme Court of Florida | Filed: Oct 6, 1994 | Docket: 1223255

Cited 21 times | Published

(not preserved). [3] See § 921.141(5)(b), Fla. Stat. (1987). [4] See § 921.141(5)(d), Fla. Stat. (1987)

Davis v. State

620 So. 2d 152, 1993 WL 102094

Supreme Court of Florida | Filed: Apr 8, 1993 | Docket: 1722724

Cited 21 times | Published

aggravating circumstances found in accordance with section 921.141(5), Florida Statutes (1985), were that the

Harmon v. State

527 So. 2d 182, 1988 WL 50189

Supreme Court of Florida | Filed: May 19, 1988 | Docket: 529426

Cited 21 times | Published

aggravating circumstance found applicable was section 921.141(5)(b), Florida Statutes (1985), that Harmon

Cooper v. Wainwright

807 F.2d 881

Court of Appeals for the Eleventh Circuit | Filed: Jan 27, 1987 | Docket: 6655

Cited 21 times | Published

any mitigating circumstance enumerated in section 921.141(6), petitioner contended in his brief that

Puiatti v. State

495 So. 2d 128, 11 Fla. L. Weekly 438

Supreme Court of Florida | Filed: Aug 21, 1986 | Docket: 1729079

Cited 21 times | Published

the murder was committed to avoid arrest [section 921.141(5)(e), Florida Statutes (1983)]; (2) the murder

Woods v. State

490 So. 2d 24, 11 Fla. L. Weekly 191

Supreme Court of Florida | Filed: Apr 24, 1986 | Docket: 223178

Cited 21 times | Published

the following aggravating circumstances under § 921.141(5), Fla. Stat. (1983): 1) committed by person

Baker v. State

466 So. 2d 1144, 10 Fla. L. Weekly 852

District Court of Appeal of Florida | Filed: Mar 26, 1985 | Docket: 438577

Cited 21 times | Published

1983) (an aggravating circumstance under Section 921.141(5)(g), Florida Statutes, is that capital felony

Williams v. State

707 So. 2d 683, 1998 WL 54478

Supreme Court of Florida | Filed: Feb 12, 1998 | Docket: 1260202

Cited 20 times | Published

juvenile facility is not imprisonment under section 921.141(5)(a), Florida Statutes (1993). This argument

Gamble v. State

659 So. 2d 242, 1995 WL 313762

Supreme Court of Florida | Filed: May 25, 1995 | Docket: 1748176

Cited 20 times | Published

issue that Florida's death penalty statute, section 921.141, Florida Statutes (1993), is unconstitutional

Crump v. State

654 So. 2d 545, 1995 WL 242396

Supreme Court of Florida | Filed: Apr 27, 1995 | Docket: 365201

Cited 20 times | Published

assault, and three counts of aggravated battery. § 921.141(5)(b), Fla. Stat. (1989). In mitigation, the trial

Taylor v. State

638 So. 2d 30, 1994 WL 164610

Supreme Court of Florida | Filed: May 5, 1994 | Docket: 1652507

Cited 20 times | Published

which had not been properly admitted under section 921.141, Florida Statutes (1987). At a hearing held

Dragovich v. State

492 So. 2d 350, 11 Fla. L. Weekly 236

Supreme Court of Florida | Filed: May 29, 1986 | Docket: 478424

Cited 20 times | Published

reputational evidence at issue here is admissible, as section 921.141(6)(a) contemplates as a mitigating factor,

Spaziano v. State

393 So. 2d 1119

Supreme Court of Florida | Filed: Jan 8, 1981 | Docket: 1371896

Cited 20 times | Published

nonstatutory aggravating factors, in violation of section 921.141, Florida Statutes. The material facts reflect

Purdy v. State

343 So. 2d 4

Supreme Court of Florida | Filed: Feb 3, 1977 | Docket: 235387

Cited 20 times | Published

responsibility under the Florida death sentence law, Section 921.141, Florida Statutes, is to review the death sentence

Miller v. State

332 So. 2d 65

Supreme Court of Florida | Filed: Apr 7, 1976 | Docket: 2468812

Cited 20 times | Published

imposition of the death penalty pursuant to Section 921.141, Florida Statutes, as punishment for a capital

Gardner v. State

313 So. 2d 675

Supreme Court of Florida | Filed: Feb 26, 1975 | Docket: 2521472

Cited 20 times | Published

judge, pursuant to the safeguards afforded by Section 921.141, Florida Statutes, entered written detailed

Hoskins v. State

75 So. 3d 250, 36 Fla. L. Weekly Supp. 634, 2011 Fla. LEXIS 2636, 2011 WL 5217091

Supreme Court of Florida | Filed: Nov 3, 2011 | Docket: 60303674

Cited 19 times | Published

the two statutory mental health mitigators. See § 921.141(6)(b), (f), Fla. Stat. (2004). Accordingly, Hoskins

Rigterink v. State

2 So. 3d 221, 34 Fla. L. Weekly Supp. 132, 2009 Fla. LEXIS 151, 2009 WL 217966

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 58647

Cited 19 times | Published

. § 921.141 (5)(b), Fla. Stat. (2003). . '§ 921.141 (5)(h), Fla. Stat. (2003). . § 921.141(5)(e)

Stephens v. State

975 So. 2d 405, 2007 WL 3377079

Supreme Court of Florida | Filed: Nov 15, 2007 | Docket: 1422559

Cited 19 times | Published

comments on victim impact were permissible under section 921.141(7), Florida Statutes (2006).[7] In Bonifay

Willacy v. State

967 So. 2d 131, 2007 WL 1836848

Supreme Court of Florida | Filed: Jun 28, 2007 | Docket: 1733550

Cited 19 times | Published

statutory mitigating circumstance pursuant to section 921.141(6)(f), Florida Statutes (Supp. 1990); (22)

Tompkins v. State

872 So. 2d 230, 2003 WL 22304578

Supreme Court of Florida | Filed: Apr 22, 2004 | Docket: 1356912

Cited 19 times | Published

aggravating and mitigating circumstances. Fla. Stat. 921.141 (1985). It is impossible for a judge to request

Shere v. Moore

830 So. 2d 56, 2002 WL 31026973

Supreme Court of Florida | Filed: Sep 12, 2002 | Docket: 471443

Cited 19 times | Published

has been made by the trier of fact. Under section 921.141, Florida Statutes (1987), a defendant is eligible

Woodel v. State

804 So. 2d 316, 2001 WL 1628473

Supreme Court of Florida | Filed: Dec 20, 2001 | Docket: 40

Cited 19 times | Published

and it became effective October 1, 1996.[9] Section 921.141(5)(m), Florida Statutes (Supp. 1996), sets

Damren v. State

696 So. 2d 709, 1997 WL 228418

Supreme Court of Florida | Filed: May 8, 1997 | Docket: 1696223

Cited 19 times | Published

*713 during the penalty phase. We disagree. Section 921.141(7), Florida Statutes (1993), allows the State

Hill v. State

549 So. 2d 179, 1989 WL 106349

Supreme Court of Florida | Filed: Sep 14, 1989 | Docket: 1719890

Cited 19 times | Published

circumstances in imposing the death penalty: section 921.141(5)(h), Florida Statutes (1985), the capital

Doyle v. State

526 So. 2d 909, 1988 WL 63433

Supreme Court of Florida | Filed: Jun 23, 1988 | Docket: 1679972

Cited 19 times | Published

requirements of law was substantially impaired. § 921.141(6)(b), (f), Fla.Stat (1983). Doyle takes the position

Lenson A. Hargrave v. Richard L. Dugger, Secretary, Department of Corrections, State of Florida

832 F.2d 1528

Court of Appeals for the Eleventh Circuit | Filed: Jan 4, 1988 | Docket: 977899

Cited 19 times | Published

The sole issue in a sentencing hearing under Section 921.141, Florida Statutes (1975), is to examine in

Porter v. State

400 So. 2d 5

Supreme Court of Florida | Filed: Jun 4, 1981 | Docket: 1362130

Cited 19 times | Published

mitigating factors beyond those enumerated in section 921.141(6), Florida Statutes (1977), the evidence must

Thomas v. State

374 So. 2d 508

Supreme Court of Florida | Filed: Jul 26, 1979 | Docket: 1523310

Cited 19 times | Published

PER CURIAM. Pursuant to the provisions of section 921.141, Florida Statutes (1975), and article V, section

Aldridge v. State

351 So. 2d 942

Supreme Court of Florida | Filed: Jun 9, 1977 | Docket: 383849

Cited 19 times | Published

3(b)(1), of the Florida Constitution, and Section 921.141(4), Florida Statutes (1975). The facts giving

Sawyer v. State

313 So. 2d 680

Supreme Court of Florida | Filed: Feb 19, 1975 | Docket: 235305

Cited 19 times | Published

consider an advisory sentence pursuant to Florida Statute 921.141(2). The jury returned and in open court

Richard E. Lynch v. Secretary, Florida Department of Corrections

776 F.3d 1209, 2015 WL 108623, 2015 U.S. App. LEXIS 307

Court of Appeals for the Eleventh Circuit | Filed: Jan 8, 2015 | Docket: 2622013

Cited 18 times | Published

premeditated.” Id. (applying Fla. Stat. § 921.141(5)(i)). The court put “moderate weight” on the

Hannon v. Secretary, Department of Corrections

562 F.3d 1146, 2009 U.S. App. LEXIS 5824, 2009 WL 722557

Court of Appeals for the Eleventh Circuit | Filed: Mar 19, 2009 | Docket: 1556533

Cited 18 times | Published

heinous, atrocious, or cruel. See Fla. Stat. § 921.141(5)(a), (d), (h) (1991). As to victim Carter, the

Woodel v. State

985 So. 2d 524, 2008 WL 1901425

Supreme Court of Florida | Filed: May 1, 2008 | Docket: 1254426

Cited 18 times | Published

constituting a nonstatutory aggravating circumstance. Section 921.141(1), Florida Statutes (2005), which governs

Phillips v. State

705 So. 2d 1320, 1997 WL 589314

Supreme Court of Florida | Filed: Sep 25, 1997 | Docket: 1576774

Cited 18 times | Published

should be imposed, then, in accordance with section 921. 141, Florida Statutes (1983), the judge must set

Perez v. State

648 So. 2d 715, 1995 WL 8972

Supreme Court of Florida | Filed: Jan 12, 1995 | Docket: 1342578

Cited 18 times | Published

pronouncement of the sentence as required by section 921.141(3), Florida Statutes (1991).[11]*720 We agree

Pietri v. State

644 So. 2d 1347, 1994 WL 525895

Supreme Court of Florida | Filed: Sep 29, 1994 | Docket: 1248326

Cited 18 times | Published

[2] § 921.141(5)(a), Fla. Stat. (1989). [3] § 921.141(5)(d), Fla. Stat. (1989). [4] § 921.141(5)(i)

Pietri v. State

644 So. 2d 1347, 1994 WL 525895

Supreme Court of Florida | Filed: Sep 29, 1994 | Docket: 1248326

Cited 18 times | Published

[2] § 921.141(5)(a), Fla. Stat. (1989). [3] § 921.141(5)(d), Fla. Stat. (1989). [4] § 921.141(5)(i)

Arbelaez v. State

626 So. 2d 169, 1993 WL 368913

Supreme Court of Florida | Filed: Sep 23, 1993 | Docket: 1286356

Cited 18 times | Published

[2] § 921.141(5)(i), Fla. Stat. (1989). [3] § 921.141(5)(h), Fla. Stat. (1989). [4] § 921.141(5)(d)

Garcia v. State

622 So. 2d 1325, 1993 WL 219836

Supreme Court of Florida | Filed: Jun 24, 1993 | Docket: 1528964

Cited 18 times | Published

inapplicable in the penalty phase of a capital trial. Section 921.141(1), Florida Statutes (1979), provides in part:

Robertson v. State

611 So. 2d 1228, 1993 WL 1331

Supreme Court of Florida | Filed: Jan 7, 1993 | Docket: 1679899

Cited 18 times | Published

[4] § 921.141(5)(b), Fla. Stat. (1989). [5] § 921.141(5)(d), Fla. Stat. (1989). [6] § 921.141(5)(e)

Leo Alexander Jones v. Richard L. Dugger, Secretary, Florida Department of Corrections

928 F.2d 1020, 1991 U.S. App. LEXIS 5375, 1991 WL 44203

Court of Appeals for the Eleventh Circuit | Filed: Apr 3, 1991 | Docket: 736361

Cited 18 times | Published

disrupting law enforcement, see Fla. Code § 921.141(5)(g), or other statutory aggravating circumstances

Randolph v. State

562 So. 2d 331, 1990 WL 59660

Supreme Court of Florida | Filed: May 3, 1990 | Docket: 1256362

Cited 18 times | Published

flight after commission of a sexual battery, section 921.141(5)(d), Florida Statutes (1987); murder committed

Tompkins v. Dugger

549 So. 2d 1370, 1989 WL 106355

Supreme Court of Florida | Filed: Sep 14, 1989 | Docket: 2517461

Cited 18 times | Published

105 S.Ct. 2633, 86 L.Ed.2d 231 (1985). [3] § 921.141(5)(h), Fla. Stat. (1987). [4] Brady v. Maryland

Thompson v. State

456 So. 2d 444

Supreme Court of Florida | Filed: Sep 6, 1984 | Docket: 1732052

Cited 18 times | Published

nevertheless, reviewed the conviction as required by section 921.141(4), Florida Statutes (1981), and Florida Rule

Harvard v. State

414 So. 2d 1032

Supreme Court of Florida | Filed: Apr 15, 1982 | Docket: 2052189

Cited 18 times | Published

a statutory aggravating circumstance under section 921.141(5)(b), Florida Statutes (1979). At the original

Morgan v. State

415 So. 2d 6

Supreme Court of Florida | Filed: Mar 18, 1982 | Docket: 459086

Cited 18 times | Published

proceedings below. He argues that the requirement in section 921.141(4), Florida Statutes (1977), of "certification

Foster v. State

400 So. 2d 1

Supreme Court of Florida | Filed: May 28, 1981 | Docket: 1676898

Cited 18 times | Published

the "mental mitigating factors" set forth in section 921.141(6).[*] In State v. Dixon, 283 So.2d 1, 10 (Fla

Barnes v. State

29 So. 3d 1010, 35 Fla. L. Weekly Supp. 85, 2010 Fla. LEXIS 172, 2010 WL 375049

Supreme Court of Florida | Filed: Feb 4, 2010 | Docket: 1643539

Cited 17 times | Published

opportunity for cross-examination). [15] Section 921.141(1) provides in pertinent part as follows:

Grim v. State

971 So. 2d 85, 2007 WL 2873367

Supreme Court of Florida | Filed: Oct 4, 2007 | Docket: 1446940

Cited 17 times | Published

for writ of habeas corpus Grim claims: (1) section 921.141, Florida Statutes (2006), is unconstitutional;

Howell v. State

877 So. 2d 697, 2004 WL 1057629

Supreme Court of Florida | Filed: May 6, 2004 | Docket: 1285209

Cited 17 times | Published

render Florida's capital sentencing statute, section 921.141, Florida Statutes (2003), unconstitutional

Henry v. State

649 So. 2d 1361, 1994 WL 698344

Supreme Court of Florida | Filed: Dec 15, 1994 | Docket: 1693666

Cited 17 times | Published

committed during the course of a kidnapping. § 921.141(5)(b), (d), Fla. Stat. (1991). The court gave

Valdes v. State

626 So. 2d 1316, 1993 WL 347763

Supreme Court of Florida | Filed: Sep 9, 1993 | Docket: 1286165

Cited 17 times | Published

(Fla. 1982). [9] § 921.141(5)(b), (c), (e), (g), (i), Fla. Stat. (1989). [10] § 921.141(6)(e), (d), Fla

Valdes v. State

626 So. 2d 1316, 1993 WL 347763

Supreme Court of Florida | Filed: Sep 9, 1993 | Docket: 1286165

Cited 17 times | Published

(Fla. 1982). [9] § 921.141(5)(b), (c), (e), (g), (i), Fla. Stat. (1989). [10] § 921.141(6)(e), (d), Fla

Gaskin v. State

591 So. 2d 917, 1991 WL 256873

Supreme Court of Florida | Filed: Dec 5, 1991 | Docket: 1528178

Cited 17 times | Published

Constitution. [2] See § 921.141(5)(i), Fla. Stat. (1987). [3] Id. § 921.141(5)(b). The trial judge

Green v. State

583 So. 2d 647, 1991 WL 94295

Supreme Court of Florida | Filed: Jun 6, 1991 | Docket: 1284055

Cited 17 times | Published

1986). [3] § 921.141(5)(b), Fla. Stat. (1987). [4] Id. § 921.141(5)(d). [5] Id. § 921.141(5)(e). [6]

Zeigler v. State

580 So. 2d 127, 1991 WL 50580

Supreme Court of Florida | Filed: Apr 11, 1991 | Docket: 371916

Cited 17 times | Published

by specific written findings as required by section 921.141(3), Florida Statutes (1989). He also argues

Charles Dwight Messer, Cross-Appellant v. State of Florida, Cross-Appellee

834 F.2d 890

Court of Appeals for the Eleventh Circuit | Filed: Jan 5, 1988 | Docket: 267396

Cited 17 times | Published

mitigating circumstances as enumerated in Florida Statute 921.141(6) to outweigh the aggravating circumstances

Jackson v. State

502 So. 2d 409, 12 Fla. L. Weekly 53

Supreme Court of Florida | Filed: Dec 24, 1986 | Docket: 107541

Cited 17 times | Published

[2] § 921.141(5)(b), Fla. Stat. (1983). [3] § 921.141(5)(d), Fla. Stat. (1983). [4] § 921.141(5)(e)

Melendez v. State

498 So. 2d 1258, 11 Fla. L. Weekly 639

Supreme Court of Florida | Filed: Dec 11, 1986 | Docket: 1700002

Cited 17 times | Published

the use or threat of violence to a person, section 921.141(5)(b), Florida Statutes (1983), contending

Rivers v. State

458 So. 2d 762

Supreme Court of Florida | Filed: Nov 1, 1984 | Docket: 1053267

Cited 17 times | Published

created a great risk of death to many persons, section 921.141(5)(c), Florida Statutes (1981); that it was

Griffin v. State

414 So. 2d 1025

Supreme Court of Florida | Filed: Apr 8, 1982 | Docket: 1707068

Cited 17 times | Published

previously convicted of a felony involving violence, § 921.141(5)(b), Fla. Stat. (1975), that at the time of

Jones v. State

411 So. 2d 165

Supreme Court of Florida | Filed: Jan 21, 1982 | Docket: 1327100

Cited 17 times | Published

as those brought out at the sentencing phase. § 921.141(3), Fla. Stat. (1977). It is therefore highly

Abdool v. State

53 So. 3d 208, 35 Fla. L. Weekly Supp. 571, 2010 Fla. LEXIS 1637, 2010 WL 3909803

Supreme Court of Florida | Filed: Oct 7, 2010 | Docket: 2407270

Cited 16 times | Published

We hold that no error was established here. Section 921.141(1), Florida Statutes (2008), provides that

Abdool v. State

53 So. 3d 208, 35 Fla. L. Weekly Supp. 571, 2010 Fla. LEXIS 1637, 2010 WL 3909803

Supreme Court of Florida | Filed: Oct 7, 2010 | Docket: 2407270

Cited 16 times | Published

We hold that no error was established here. Section 921.141(1), Florida Statutes (2008), provides that

Robinson v. State

684 So. 2d 175, 1996 WL 670568

Supreme Court of Florida | Filed: Nov 21, 1996 | Docket: 1481844

Cited 16 times | Published

of avoiding or preventing a lawful arrest, see § 921.141(5)(e), Fla. Stat. (1995); (2) the capital felony

Trepal v. State

621 So. 2d 1361, 1993 WL 194552

Supreme Court of Florida | Filed: Jun 10, 1993 | Docket: 1677808

Cited 16 times | Published

affirm them. [3] § 921.141(5)(b), (c), (i), Fla. Stat. (1987). [4] Id. § 921.141(6)(a). [5] This evidence

Mann v. State

603 So. 2d 1141, 1992 WL 63091

Supreme Court of Florida | Filed: Apr 2, 1992 | Docket: 1475833

Cited 16 times | Published

requirements of law was substantially impaired." § 921.141(6)(b), (f), Fla. Stat. (1989). [3] Mann relies

Smith v. State

515 So. 2d 182, 12 Fla. L. Weekly 541

Supreme Court of Florida | Filed: Oct 22, 1987 | Docket: 1749244

Cited 16 times | Published

death penalty. In his written findings under section 921.141, Florida Statutes (1985), the sentencing judge

Jackson v. State

498 So. 2d 406, 11 Fla. L. Weekly 589

Supreme Court of Florida | Filed: Nov 13, 1986 | Docket: 1335367

Cited 16 times | Published

for the purpose of avoiding a lawful arrest, section 921.141(5)(e), Florida Statutes (1983); that the murder

Van Royal v. State

497 So. 2d 625, 11 Fla. L. Weekly 490

Supreme Court of Florida | Filed: Sep 18, 1986 | Docket: 1238954

Cited 16 times | Published

entry of life sentences in accordance with section 921.141(3), Florida Statutes (1981). On 18 June 1982

Lucas v. State

490 So. 2d 943, 11 Fla. L. Weekly 299

Supreme Court of Florida | Filed: Jul 3, 1986 | Docket: 1488793

Cited 16 times | Published

*945 of prior criminal activity in mitigation. § 921,141(5) (b), (c), & (h) & (6) (a), Fla. Stat. (1983)

Songer v. Wainwright

769 F.2d 1488, 1985 U.S. App. LEXIS 21953

Court of Appeals for the Eleventh Circuit | Filed: Aug 16, 1985 | Docket: 285549

Cited 16 times | Published

stated:The sole issue in a sentencing hearing under Section 921.141 ... is to examine in each case the itemized

Jacobs v. Wainwright

450 So. 2d 200

Supreme Court of Florida | Filed: Feb 23, 1984 | Docket: 1433356

Cited 16 times | Published

contention to be without merit in as much as section 921.141(1) provides for liberal admissibility of relevant

Booker v. State

441 So. 2d 148

Supreme Court of Florida | Filed: Nov 17, 1983 | Docket: 417299

Cited 16 times | Published

constitutionality of aggravating circumstance, section 921.141(5)(h) (heinous, atrocious, or cruel), Florida

Phippen v. State

389 So. 2d 991

Supreme Court of Florida | Filed: Oct 23, 1980 | Docket: 376681

Cited 16 times | Published

J., concurs. NOTES [1] § 921.141(5)(f), Fla. Stat. (1977). [2] § 921.141(5)(h), Fla. Stat. (1977)

Ford v. State

374 So. 2d 496

Supreme Court of Florida | Filed: Jul 18, 1979 | Docket: 2463805

Cited 16 times | Published

second phase of the trial held pursuant to section 921.141, Florida Statutes (1975), recommended the death

Vasil v. State

374 So. 2d 465

Supreme Court of Florida | Filed: Jun 14, 1979 | Docket: 430448

Cited 16 times | Published

under this section, the procedure set forth in § 921.141 shall be followed in order to determine sentence

Vasil v. State

374 So. 2d 465

Supreme Court of Florida | Filed: Jun 14, 1979 | Docket: 430448

Cited 16 times | Published

under this section, the procedure set forth in § 921.141 shall be followed in order to determine sentence

Perry Alexander Taylor v. Secretary, Florida Department of Corrections

760 F.3d 1284, 2014 WL 3704038, 2014 U.S. App. LEXIS 14334

Court of Appeals for the Eleventh Circuit | Filed: Jul 28, 2014 | Docket: 358492

Cited 15 times | Published

felony involving the use of violence, Fla. Stat. § 921.141(5)(b); (2) the homicide was committed during a

Green v. State

907 So. 2d 489, 2005 WL 977018

Supreme Court of Florida | Filed: Apr 28, 2005 | Docket: 459529

Cited 15 times | Published

of violence to the person (great weight), see § 921.141(5)(b), Fla. Stat. (2002); (2) Green committed

In Re Commitment of Cartwright

870 So. 2d 152, 2004 WL 86180

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 1698113

Cited 15 times | Published

article V, section 2(a), to the provision in section 921.141, Florida Statutes (1977), permitting the admission

Pooler v. State

704 So. 2d 1375, 1997 WL 688782

Supreme Court of Florida | Filed: Nov 6, 1997 | Docket: 1705971

Cited 15 times | Published

the conjunction "and." [2] § 921.141(6)(f), Fla. Stat. (1995). [3] § 921.141(6)(e), Fla. Stat. (1995)

Johnson v. State

696 So. 2d 317, 1997 WL 228420

Supreme Court of Florida | Filed: May 8, 1997 | Docket: 290704

Cited 15 times | Published

(1966). [8] § 921.141(5)(b), Fla.Stat. (1987). [9] Id. § 921.141(5)(c). [10] Id. § 921.141(5)(f). [11]

Valentine v. State

616 So. 2d 971, 1993 WL 113505

Supreme Court of Florida | Filed: Apr 15, 1993 | Docket: 1726687

Cited 15 times | Published

premeditated, and heinous, atrocious or cruel. See § 921.141, Fla. Stat. (1987). [2] 1) No significant history

Bryant v. State

601 So. 2d 529, 1992 WL 49940

Supreme Court of Florida | Filed: Mar 19, 1992 | Docket: 1305443

Cited 15 times | Published

[1] § 921.141(5)(b), Fla. Stat. (1989). [2] § 921.141(5)(d), Fla. Stat. (1989). [3] § 921.141(5)(e)

Douglas v. State

575 So. 2d 165, 1991 WL 6545

Supreme Court of Florida | Filed: Jan 15, 1991 | Docket: 1443276

Cited 15 times | Published

was especially heinous, atrocious, or cruel, section 921.141(5)(h), Florida Statutes (1985); and (2) the

Cherry v. State

544 So. 2d 184, 1989 WL 44345

Supreme Court of Florida | Filed: Apr 27, 1989 | Docket: 2470098

Cited 15 times | Published

litmus test for determining the presence of a section 921.141(5)(h) circumstance. We did, however, establish

Brown v. State

521 So. 2d 110, 1988 WL 8447

Supreme Court of Florida | Filed: Feb 4, 1988 | Docket: 1703644

Cited 15 times | Published

mitigating evidence to the jury in accordance with section 921.141, Florida Statutes (1981). However, the judge

Kokal v. State

492 So. 2d 1317, 11 Fla. L. Weekly 348

Supreme Court of Florida | Filed: Jul 17, 1986 | Docket: 478549

Cited 15 times | Published

and conduct our review in accordance with section 921.141(4), Florida Statutes (1983), and Florida Rule

McGirth v. State

48 So. 3d 777, 35 Fla. L. Weekly Supp. 651, 2010 Fla. LEXIS 1935, 2010 WL 4483506

Supreme Court of Florida | Filed: Nov 10, 2010 | Docket: 2396375

Cited 14 times | Published

the community's members by the victim's death." § 921.141(7), Fla. Stat. (2006); see Wheeler, 4 So.3d at

McGirth v. State

48 So. 3d 777, 35 Fla. L. Weekly Supp. 651, 2010 Fla. LEXIS 1935, 2010 WL 4483506

Supreme Court of Florida | Filed: Nov 10, 2010 | Docket: 2396375

Cited 14 times | Published

the community's members by the victim's death." § 921.141(7), Fla. Stat. (2006); see Wheeler, 4 So.3d at

Gill v. State

14 So. 3d 946, 34 Fla. L. Weekly Supp. 414, 2009 Fla. LEXIS 1016, 2009 WL 1954796

Supreme Court of Florida | Filed: Jul 9, 2009 | Docket: 1650029

Cited 14 times | Published

the time the Rosello murder was committedsection 921.141(5)(a), Florida Statutes (2002)which was given

Reese v. State

14 So. 3d 913, 34 Fla. L. Weekly Supp. 296, 2009 Fla. LEXIS 466, 2009 WL 775393

Supreme Court of Florida | Filed: Mar 26, 2009 | Docket: 738244

Cited 14 times | Published

time of the crimea statutory mitigator. See § 921.141(6)(b), Fla. Stat. (1991). This claim rests largely

Hess v. State

794 So. 2d 1249, 2001 WL 521307

Supreme Court of Florida | Filed: May 17, 2001 | Docket: 1737900

Cited 14 times | Published

erred in finding as an aggravating factor that section 921.141(5)(b), Florida Statutes (1993) (convicted of

Merck v. State

763 So. 2d 295, 2000 WL 963825

Supreme Court of Florida | Filed: Jul 13, 2000 | Docket: 1681771

Cited 14 times | Published

imprisonment or placed on community control. § 921.141(5)(a), Fla. Stat. (1995). At the time of the murder

Merck v. State

763 So. 2d 295, 2000 WL 963825

Supreme Court of Florida | Filed: Jul 13, 2000 | Docket: 1681771

Cited 14 times | Published

imprisonment or placed on community control. § 921.141(5)(a), Fla. Stat. (1995). At the time of the murder

Jordan v. State

694 So. 2d 708, 1997 WL 182647

Supreme Court of Florida | Filed: Apr 17, 1997 | Docket: 1732711

Cited 14 times | Published

penalty opinion. NOTES [1] § 921.141(5)(a), Fla.Stat. (1995). [2] Id. § 921.141(5)(b) (prior felonies of

Lawrence v. State

691 So. 2d 1068, 1997 WL 109221

Supreme Court of Florida | Filed: Mar 13, 1997 | Docket: 1424060

Cited 14 times | Published

the murder as a mitigating factor; and (8) section 921.141(7), Florida Statutes *1072 (1993), allowing

Barrett v. State

649 So. 2d 219, 1994 WL 656651

Supreme Court of Florida | Filed: Nov 23, 1994 | Docket: 1320942

Cited 14 times | Published

any pretense of moral or legal justification. § 921.141(5)(b), (e), (f), (g), (i), Fla. Stat. (1989).

Mills v. State

603 So. 2d 482, 1992 WL 117260

Supreme Court of Florida | Filed: Jun 4, 1992 | Docket: 1475657

Cited 14 times | Published

mitigators that directly measure mental state. § 921.141(6)(b), (f), Fla. Stat. (1989). In addition, the

Omelus v. State

584 So. 2d 563, 1991 WL 101172

Supreme Court of Florida | Filed: Jun 13, 1991 | Docket: 466931

Cited 14 times | Published

[2] § 921.141(5)(f), Fla. Stat. (1985). [3] § 921.141(5)(i), Fla. Stat. (1985). [4] § 921.141(5)(h)

Marvin Edwin Johnson v. Richard L. Dugger, Secretary, Florida Department of Corrections

911 F.2d 440, 1990 U.S. App. LEXIS 14759, 1990 WL 120747

Court of Appeals for the Eleventh Circuit | Filed: Aug 21, 1990 | Docket: 997834

Cited 14 times | Published

to only those factors set forth in Fla.Stat. § 921.141(6). While we agree that Hitchcock “breathed new

Leslie R. Jones, Cross-Appellant v. Richard L. Dugger and Robert A. Butterworth, Cross

867 F.2d 1277, 1989 U.S. App. LEXIS 2638, 1989 WL 16113

Court of Appeals for the Eleventh Circuit | Filed: Feb 28, 1989 | Docket: 986484

Cited 14 times | Published

discussion. 3 . Florida Statute section 921.141(6) provides: Mitigating circumstances

Francis v. State

529 So. 2d 670, 1988 WL 55643

Supreme Court of Florida | Filed: Jun 2, 1988 | Docket: 432146

Cited 14 times | Published

written findings detailing this weighing process. § 921.141(3), Fla. Stat. (1987). The failure to present

Peavy v. State

442 So. 2d 200

Supreme Court of Florida | Filed: Dec 8, 1983 | Docket: 468463

Cited 14 times | Published

sentencing portion of his trial, Peavy claims that section 921.141, Florida Statutes (1981), is unconstitutional

Moody v. State

418 So. 2d 989

Supreme Court of Florida | Filed: Jul 15, 1982 | Docket: 1288918

Cited 14 times | Published

not support the Aggravating Circumstances in F.S. 921.141(5)(a), (b), (c), (e) and (g) in that this Capital

Moody v. State

418 So. 2d 989

Supreme Court of Florida | Filed: Jul 15, 1982 | Docket: 1288918

Cited 14 times | Published

not support the Aggravating Circumstances in F.S. 921.141(5)(a), (b), (c), (e) and (g) in that this Capital

Taylor v. State

294 So. 2d 648

Supreme Court of Florida | Filed: May 15, 1974 | Docket: 1425499

Cited 14 times | Published

(was) violated and the intent and meaning of F.S. 921.141 F.S.A. misapplied where the trial judge immediately

Lee v. State

294 So. 2d 305

Supreme Court of Florida | Filed: Apr 19, 1974 | Docket: 2521573

Cited 14 times | Published

Florida, became effective, amending Fla. Stat. § 921.141, F.S.A. and later, Chapter 72-724, Laws of Florida

In Re Standard Jury Instructions in Criminal Cases—Report No. 2005-2

22 So. 3d 17, 34 Fla. L. Weekly Supp. 583, 2009 Fla. LEXIS 1806, 2009 WL 3461148

Supreme Court of Florida | Filed: Oct 29, 2009 | Docket: 1639801

Cited 13 times | Published

been changed to "capital felony," pursuant to section 921.141(5), Florida Statutes (2008). Third, the designation

Hutchinson v. State

17 So. 3d 696, 34 Fla. L. Weekly Supp. 421, 2009 Fla. LEXIS 1019, 2009 WL 1955209

Supreme Court of Florida | Filed: Jul 9, 2009 | Docket: 407071

Cited 13 times | Published

whether the trial court erred in considering section 921.141(5)(1), Florida Statutes (2000), as an aggravating

Pace v. McNeil

556 F.3d 1211, 2009 U.S. App. LEXIS 2054, 2009 WL 242362

Court of Appeals for the Eleventh Circuit | Filed: Feb 3, 2009 | Docket: 280115

Cited 13 times | Published

counsel in the penalty phase. [4] See Fla. Stat. § 921.141(5) (1989) (listing aggravating circumstances in

Pace v. State

854 So. 2d 167, 2003 WL 21191876

Supreme Court of Florida | Filed: May 22, 2003 | Docket: 1460320

Cited 13 times | Published

collateral counsel provided Szmurlo with Section 921.141, Florida Statutes (1999), the statute governing

Derrick v. State

641 So. 2d 378, 1994 WL 275179

Supreme Court of Florida | Filed: Jun 23, 1994 | Docket: 426294

Cited 13 times | Published

was especially heinous, atrocious, or cruel. § 921.141(5)(d), (e), (h), Fla. Stat. (1991). Regarding

Derrick v. State

641 So. 2d 378, 1994 WL 275179

Supreme Court of Florida | Filed: Jun 23, 1994 | Docket: 426294

Cited 13 times | Published

was especially heinous, atrocious, or cruel. § 921.141(5)(d), (e), (h), Fla. Stat. (1991). Regarding

Foster v. State

518 So. 2d 901, 1987 WL 2371

Supreme Court of Florida | Filed: Dec 3, 1987 | Docket: 1778406

Cited 13 times | Published

circumstances exist as enumerated in subsection (5) of section 921.141, Florida Statutes, that justify a sentence

Toole v. State

479 So. 2d 731, 51 A.L.R. 4th 1231

Supreme Court of Florida | Filed: Nov 25, 1985 | Docket: 463698

Cited 13 times | Published

jury on the statutory mitigating factors of section 921.141(6)(b), Florida Statutes (1981), the capital

Trawick v. State

473 So. 2d 1235, 10 Fla. L. Weekly 281

Supreme Court of Florida | Filed: May 16, 1985 | Docket: 1510545

Cited 13 times | Published

by virtue of having been sentenced to death. § 921.141(4), Fla. Stat. (1977). Appellant pleaded guilty

Atkins v. State

452 So. 2d 529

Supreme Court of Florida | Filed: Jun 7, 1984 | Docket: 1517637

Cited 13 times | Published

under section 921.141(5)(d), Florida Statutes (1981). In proceedings held under section 921.141 for determination

Zommer v. State

31 So. 3d 733, 35 Fla. L. Weekly Supp. 159, 2010 Fla. LEXIS 358, 2010 WL 813677

Supreme Court of Florida | Filed: Mar 11, 2010 | Docket: 1647822

Cited 12 times | Published

use or threat of violence to the person, see § 921.141(5)(b), Fla. Stat. (2005) (the three convictions

Carter v. State

980 So. 2d 473, 2008 WL 382710

Supreme Court of Florida | Filed: Feb 14, 2008 | Docket: 1736134

Cited 12 times | Published

discretion in weighing the aggravators. Under section 921.141(3), Florida Statutes (2002), the trial court

Garcia v. State

816 So. 2d 554, 2002 WL 571672

Supreme Court of Florida | Filed: Apr 18, 2002 | Docket: 1557482

Cited 12 times | Published

is based upon due process considerations, section 921.141(1), Florida Statutes (1997), provides: [E]vidence

Jones v. State

690 So. 2d 568, 1996 WL 734611

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 436654

Cited 12 times | Published

CCP aggravator. One was a motion to declare section 921.141(5)(i), Florida Statutes (1993), unconstitutional

Trotter v. State

690 So. 2d 1234, 1996 WL 726878

Supreme Court of Florida | Filed: Dec 19, 1996 | Docket: 1524706

Cited 12 times | Published

committed by a person under sentence of imprisonment. § 921.141, Fla. Stat. (1985). Although the phrase "under

Maharaj v. State

597 So. 2d 786, 1992 WL 56464

Supreme Court of Florida | Filed: Mar 26, 1992 | Docket: 2518191

Cited 12 times | Published

[3] § 921.141(5)(b), Fla. Stat. (1987). [4] § 921.141(5)(d), Fla. Stat. (1987). [5] § 921.141(5)(e)

White v. Dugger

523 So. 2d 140, 1988 WL 33542

Supreme Court of Florida | Filed: Jan 28, 1988 | Docket: 473140

Cited 12 times | Published

to those set forth in the sentencing statute. § 921.141(6), Fla. Stat. (1977). We rejected this argument

Burr v. State

518 So. 2d 903, 1987 WL 2753

Supreme Court of Florida | Filed: Dec 10, 1987 | Docket: 1778048

Cited 12 times | Published

elimination. This evidence was admissible under section 921.141(1), Florida Statutes (1981), which provides

Griffin v. State

474 So. 2d 777, 10 Fla. L. Weekly 264

Supreme Court of Florida | Filed: May 2, 1985 | Docket: 1749850

Cited 12 times | Published

conviction for felony involving the use of violence. § 921.141(b)(b), Fla. Stat. (1981). The judge noted two

Kennedy v. State

455 So. 2d 351

Supreme Court of Florida | Filed: Jul 12, 1984 | Docket: 1692792

Cited 12 times | Published

committed by a person under sentence of imprisonment, § 921.141(5)(a), Fla. Stat. (1979); (2) that appellant had

Maxwell v. State

443 So. 2d 967

Supreme Court of Florida | Filed: Dec 15, 1983 | Docket: 2460286

Cited 12 times | Published

to ensure that it has been properly imposed. § 921.141(4), Fla. Stat. (1981). In his sentence the trial

Fitzpatrick v. State

437 So. 2d 1072

Supreme Court of Florida | Filed: Jul 21, 1983 | Docket: 386518

Cited 12 times | Published

found that the aggravating circumstance in section 921.141(5)(b), Florida Statutes (1979), was proven

State v. Carr

336 So. 2d 358

Supreme Court of Florida | Filed: Aug 3, 1976 | Docket: 481105

Cited 12 times | Published

waiver of an advisory jury pursuant to Florida Statute 921.141(2) resulting in a judicial determination

Meeks v. State

336 So. 2d 1142

Supreme Court of Florida | Filed: Jul 21, 1976 | Docket: 1379037

Cited 12 times | Published

support the aggravating circumstances in Fla. Stat. 921.141(6)[(5)], subsections (a) and (c), in that

Joel Dale Wright v. Secretary, Florida Department of Corrections

761 F.3d 1256, 2014 WL 3809389, 2014 U.S. App. LEXIS 14953

Court of Appeals for the Eleventh Circuit | Filed: Aug 4, 2014 | Docket: 115009

Cited 11 times | Published

activity” did not apply. See Fla. Stat. § 921.141(6)(a). The State contended that the jury

Cooper v. Secretary, Department of Corrections

646 F.3d 1328, 2011 U.S. App. LEXIS 14874, 2011 WL 2899623

Court of Appeals for the Eleventh Circuit | Filed: Jul 21, 2011 | Docket: 580141

Cited 11 times | Published

previously convicted of another capital felony, § 921.141(5)(b), Fla. Stat. (1981); (2) the capital felony

Nelson v. State

43 So. 3d 20, 35 Fla. L. Weekly Supp. 225, 2010 Fla. LEXIS 647, 2010 WL 1707218

Supreme Court of Florida | Filed: Apr 29, 2010 | Docket: 60295438

Cited 11 times | Published

corpus, which can be summarized as follows: (1) section 921.141, Florida Statutes (1997), is facially vague

State v. Pearce

994 So. 2d 1094, 2008 WL 4876759

Supreme Court of Florida | Filed: Nov 13, 2008 | Docket: 1218981

Cited 11 times | Published

statute as applied is unconstitutional; (4) section 921.141, Florida Statutes, is facially vague and overbroad

Robinson v. State

913 So. 2d 514, 2005 WL 1577414

Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1331363

Cited 11 times | Published

of avoiding or preventing a lawful arrest, see § 921.141(5)(e), Fla. Stat. (1995); (2) the capital felony

Dillbeck v. State

882 So. 2d 969, 2004 WL 1899964

Supreme Court of Florida | Filed: Aug 26, 2004 | Docket: 1686189

Cited 11 times | Published

atrocious, or cruel. Id. at 1028 n. 1 (citing § 921.141, Fla. Stat. (1989)). [4] The trial court found

Garcia v. State

644 So. 2d 59, 1994 WL 416719

Supreme Court of Florida | Filed: Aug 11, 1994 | Docket: 1672231

Cited 11 times | Published

by a person under a sentence of imprisonment, § 921.141(5)(a), Fla. Stat. (1991); (2) the defendant was

Elledge v. State

613 So. 2d 434, 1993 WL 5053

Supreme Court of Florida | Filed: Jan 14, 1993 | Docket: 1511359

Cited 11 times | Published

was error to find them. Elledge claims that section 921.141, Florida Statutes (1973), is unconstitutional

Turner v. State

530 So. 2d 45, 1987 WL 47314

Supreme Court of Florida | Filed: Jul 7, 1988 | Docket: 1267684

Cited 11 times | Published

was engaged in the commission of a burglary. Section 921.141(5)(d), Florida Statutes (1983), does not require

Way v. State

496 So. 2d 126, 11 Fla. L. Weekly 492

Supreme Court of Florida | Filed: Sep 18, 1986 | Docket: 428331

Cited 11 times | Published

created a great risk of death to many persons, section 921.141(5)(c), Florida Statutes (1983); that the capital

Songer v. State

463 So. 2d 229, 10 Fla. L. Weekly 100

Supreme Court of Florida | Filed: Jan 31, 1985 | Docket: 108156

Cited 11 times | Published

that enumerated in the applicable statute, section 921.141(6), Florida *231 Statutes (1983). He contends

Cave v. State

445 So. 2d 341

Supreme Court of Florida | Filed: Feb 2, 1984 | Docket: 1685489

Cited 11 times | Published

review. As grounds therefor the appellant cites section 921.141(3), Florida Statutes (1981) which reads in

Magill v. State

428 So. 2d 649

Supreme Court of Florida | Filed: Mar 10, 1983 | Docket: 1375558

Cited 11 times | Published

especially heinous, atrocious, and cruel. See § 921.141(5)(h), Fla. Stat. (1977). In our opinion in Magill

Shue v. State

366 So. 2d 387

Supreme Court of Florida | Filed: Dec 7, 1978 | Docket: 2470298

Cited 11 times | Published

listed in our capital felony sentencing law, Section 921.141, Florida Statutes, were present: that the appellant

Kopsho v. State

84 So. 3d 204, 37 Fla. L. Weekly Supp. 149, 2012 WL 652790, 2012 Fla. LEXIS 454

Supreme Court of Florida | Filed: Mar 1, 2012 | Docket: 60306683

Cited 10 times | Published

erred in sentencing Kopsho to death because section 921.141, Florida Statutes (2009), unconstitutionally

Ballard v. State

66 So. 3d 912, 36 Fla. L. Weekly Supp. 314, 2011 Fla. LEXIS 1521, 2011 WL 2566348

Supreme Court of Florida | Filed: Jun 30, 2011 | Docket: 379116

Cited 10 times | Published

must weigh miti-gators against aggravators. See § 921.141(3) (instructing the trial court to set forth written

State v. Dionne

814 So. 2d 1087, 2002 WL 396766

District Court of Appeal of Florida | Filed: Mar 15, 2002 | Docket: 418984

Cited 10 times | Published

and at the time he committed the offense, section 921.141(7), Florida Statutes, had not been enacted

Wuornos v. State

676 So. 2d 972, 1996 WL 233151

Supreme Court of Florida | Filed: May 9, 1996 | Docket: 1317928

Cited 10 times | Published

defendant's conduct or consented to the act. § 921.141(6)(c), Fla.Stat. (1989). It would be absurd to

Lockhart v. State

655 So. 2d 69, 1995 WL 109154

Supreme Court of Florida | Filed: Mar 16, 1995 | Docket: 1327299

Cited 10 times | Published

without pretense of moral or legal justification. § 921.141(5)(b), (d), (h), (i), Fla. Stat. (1989). The trial

Henderson v. Singletary

617 So. 2d 313, 1993 WL 118152

Supreme Court of Florida | Filed: Apr 19, 1993 | Docket: 457905

Cited 10 times | Published

prior conviction of a capital felony under section 921.141(5)(b), Florida Statutes (1981). In light of

Ponticelli v. State

618 So. 2d 154, 1993 WL 54467

Supreme Court of Florida | Filed: Mar 4, 1993 | Docket: 1375869

Cited 10 times | Published

did not participate in this case. NOTES [1] § 921.141(5)(h), (i), Fla. Stat. (1987).

Stewart v. State

588 So. 2d 972, 1991 WL 181921

Supreme Court of Florida | Filed: Sep 12, 1991 | Docket: 2518324

Cited 10 times | Published

conviction in accordance with the dictates of section 921.141(3), Florida Statutes (1985), and for all the

Christian v. State

550 So. 2d 450, 1989 WL 117990

Supreme Court of Florida | Filed: Sep 28, 1989 | Docket: 1718406

Cited 10 times | Published

any pretense of moral or legal justification." § 921.141(5)(i), Fla. Stat. (1987). Christian contends that

Jones v. Dugger

533 So. 2d 290, 1988 WL 120208

Supreme Court of Florida | Filed: Nov 10, 1988 | Docket: 1233444

Cited 10 times | Published

one of the aggravating factors enumerated in section 921.141. We have previously held that "[t]he aggravating

Irizarry v. State

496 So. 2d 822, 11 Fla. L. Weekly 568

Supreme Court of Florida | Filed: Oct 30, 1986 | Docket: 428568

Cited 10 times | Published

[1] § 921.141(5)(b), Fla. Stat. (1985). [2] § 921.141(5)(d), Fla. Stat. (1985). [3] § 921.141(5)(i)

Ronald Straight v. Louie L. Wainwright

772 F.2d 674, 1985 U.S. App. LEXIS 23131

Court of Appeals for the Eleventh Circuit | Filed: Sep 13, 1985 | Docket: 268231

Cited 10 times | Published

Florida’s capital sentencing statute, Fla.Stat.Ann. § 921.141(6), (2) the trial court improperly applied the

Ford v. Strickland

696 F.2d 804

Court of Appeals for the Eleventh Circuit | Filed: Jan 7, 1983 | Docket: 66192761

Cited 10 times | Published

acted with procedural rectitude in applying section 921.141 [the Florida capital punishment statute] and

Harvard v. State

375 So. 2d 833

Supreme Court of Florida | Filed: Apr 7, 1977 | Docket: 1352803

Cited 10 times | Published

entering the formal judgment as required by Section 921.141(3), Florida Statutes. The judgment stated the

Hardwick v. Secretary, Florida Department of Corrections

803 F.3d 541, 2015 U.S. App. LEXIS 16655, 2015 WL 5474275

Court of Appeals for the Eleventh Circuit | Filed: Sep 18, 2015 | Docket: 2818273

Cited 9 times | Published

violence to the person.” See Fla. Stat. § 921.141(5)(b) (1985). 3 The prosecutor’s arguments

Reynolds v. State

99 So. 3d 459, 2012 WL 4449126

Supreme Court of Florida | Filed: Sep 27, 2012 | Docket: 60313013

Cited 9 times | Published

to those associated with the present case, see § 921.141(5)(b), Fla. Stat. (2003); (2) Reynolds committed

Snelgrove v. State

107 So. 3d 242, 37 Fla. L. Weekly Supp. 303, 2012 WL 1345485, 2012 Fla. LEXIS 754

Supreme Court of Florida | Filed: Apr 19, 2012 | Docket: 60228645

Cited 9 times | Published

For the reasons that follow, we disagree. Section 921.141(1), Florida Statutes (2008), “provides ‘wide

Nelson v. State

73 So. 3d 77, 36 Fla. L. Weekly Supp. 404, 2011 Fla. LEXIS 1570, 2011 WL 2637448

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 60303480

Cited 9 times | Published

1992). To ensure fairness in a capital case, section 921.141(1), Florida Statutes (2010), provides a trial

Pagan v. State

29 So. 3d 938, 34 Fla. L. Weekly Supp. 561, 2009 Fla. LEXIS 1665, 2009 WL 3126337

Supreme Court of Florida | Filed: Oct 1, 2009 | Docket: 1134893

Cited 9 times | Published

circumstance under the catch-all provision of section 921.141, Florida Statutes (1997).9 Moreover, much of

Pagan v. State

29 So. 3d 938, 34 Fla. L. Weekly Supp. 561, 2009 Fla. LEXIS 1665, 2009 WL 3126337

Supreme Court of Florida | Filed: Oct 1, 2009 | Docket: 1134893

Cited 9 times | Published

circumstance under the catch-all provision of section 921.141, Florida Statutes (1997).9 Moreover, much of

Hardwick v. Crosby

320 F.3d 1127, 2003 U.S. App. LEXIS 1717

Court of Appeals for the Eleventh Circuit | Filed: Jan 31, 2003 | Docket: 397569

Cited 9 times | Published

738, 112 L.Ed.2d 812 (1991) (citing Fla. Stat. § 921.141(3) (1985)) (emphasis added). “[T]he Supreme Court

Card v. State

652 So. 2d 344, 1995 WL 8964

Supreme Court of Florida | Filed: Jan 12, 1995 | Docket: 476231

Cited 9 times | Published

prior to the sentencing hearing under Fla. Stat. § 921.141. 4. This was the customary practice and the practice

Slawson v. State

619 So. 2d 255, 1993 WL 92586

Supreme Court of Florida | Filed: Apr 1, 1993 | Docket: 1382097

Cited 9 times | Published

other three capital felonies, pursuant to section 921.141(5)(b), Florida Statutes, (1989). The trial

Carl Jackson v. Richard L. Dugger, Secretary, Florida Department of Corrections

931 F.2d 712, 1991 U.S. App. LEXIS 7557, 1991 WL 66347

Court of Appeals for the Eleventh Circuit | Filed: Apr 29, 1991 | Docket: 514948

Cited 9 times | Published

circumstances as enumerated in Subsection (7) of said Section 921.141_” R.S. 13. This was almost identical to the

Glock v. Dugger

752 F. Supp. 1027, 1990 U.S. Dist. LEXIS 16944, 1990 WL 205196

District Court, M.D. Florida | Filed: Dec 12, 1990 | Docket: 2517480

Cited 9 times | Published

the murder was committed to avoid arrest [section 921.141(5)(e), Florida Statutes (1983)]; (2) the murder

Spivey v. State

529 So. 2d 1088, 1988 WL 73550

Supreme Court of Florida | Filed: Jul 14, 1988 | Docket: 432156

Cited 9 times | Published

felony involving the use or threat of violence, section 921.141(5)(b), Florida Statutes (1983); and Spivey

Spivey v. State

529 So. 2d 1088, 1988 WL 73550

Supreme Court of Florida | Filed: Jul 14, 1988 | Docket: 432156

Cited 9 times | Published

felony involving the use or threat of violence, section 921.141(5)(b), Florida Statutes (1983); and Spivey

Beauford White v. Louie L. Wainwright, as Secretary, Department of Corrections, State of Florida

809 F.2d 1478

Court of Appeals for the Eleventh Circuit | Filed: Mar 2, 1987 | Docket: 1395322

Cited 9 times | Published

heinous, atrocious and cruel.” This is drawn from § 921.141(5)(h), Florida Statutes. We already have held

Lenson A. Hargrave v. Louie L. Wainwright, Secretary, Department of Corrections, State of Florida

804 F.2d 1182

Court of Appeals for the Eleventh Circuit | Filed: Jan 26, 1987 | Docket: 966918

Cited 9 times | Published

contemporaneously object; and (3) whether Fla.Stat. 921.141(5)(h) (1975), which defines a killing that

Scott v. State

494 So. 2d 1134, 11 Fla. L. Weekly 505

Supreme Court of Florida | Filed: Sep 25, 1986 | Docket: 452402

Cited 9 times | Published

to support the trial court's finding under section 921.141(5)(h). See Jennings v. State, 453 So.2d 1109

Ferguson v. State

474 So. 2d 208

Supreme Court of Florida | Filed: Jun 27, 1985 | Docket: 1471754

Cited 9 times | Published

consideration of the mitigating circumstances under § 921.141(6)(b) and (f), Florida Statutes (1977), relating

Victorino v. State

127 So. 3d 478, 2013 WL 5567079

Supreme Court of Florida | Filed: Oct 10, 2013 | Docket: 60236730

Cited 8 times | Published

postconviction court did not err in denying this claim. Section 921.141(7), Florida Statutes (2006), provides that

State v. Sturdivant

94 So. 3d 434, 37 Fla. L. Weekly Supp. 127, 2012 WL 572977, 2012 Fla. LEXIS 407

Supreme Court of Florida | Filed: Feb 23, 2012 | Docket: 60310890

Cited 8 times | Published

aggravated child abuse aggravating factor under section 921.141(5)(d) of the Florida Statutes and the first-degree

Geralds v. State

111 So. 3d 778, 35 Fla. L. Weekly Fed. S 503

Supreme Court of Florida | Filed: Sep 16, 2010 | Docket: 60230888

Cited 8 times | Published

relevant to the crime. We reject this argument. Section 921.141(1), Florida Statutes (1993), provides that

Green v. State

975 So. 2d 1081, 2008 WL 248555

Supreme Court of Florida | Filed: Jan 31, 2008 | Docket: 1423084

Cited 8 times | Published

the statutory "avoid arrest" aggravator. See § 921.141(5)(e), Fla. Stat. (2005) (providing as an aggravating

Bottoson v. Moore

824 So. 2d 115, 2002 WL 1472231

Supreme Court of Florida | Filed: Jul 8, 2002 | Docket: 1729382

Cited 8 times | Published

mitigators, and render a sentence. Fla. Stat. § 921.141. As the United States Supreme Court recognized

Bottoson v. Moore

824 So. 2d 115, 2002 WL 1472231

Supreme Court of Florida | Filed: Jul 8, 2002 | Docket: 1729382

Cited 8 times | Published

mitigators, and render a sentence. Fla. Stat. § 921.141. As the United States Supreme Court recognized

Johnson v. State

750 So. 2d 22, 1999 WL 820574

Supreme Court of Florida | Filed: Oct 14, 1999 | Docket: 1426683

Cited 8 times | Published

pretense of moral or legal justification (CCP). See § 921.141(5)(b), (d), (f), (i), Fla. Stat. (Supp.1990).

State v. Hootman

709 So. 2d 1357, 1998 WL 134039

Supreme Court of Florida | Filed: Mar 26, 1998 | Docket: 468457

Cited 8 times | Published

the State declared its intent to rely on section 921.141(5)(m), Florida Statutes (Supp.1996),[2] which

Escobar v. State

699 So. 2d 984, 1997 WL 377587

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1321572

Cited 8 times | Published

Laws of Florida. [4] Section 921.141(5)(b), Fla. Stat. (1989). [5] Section 921.141(5)(j), Fla. Stat. (1989)

Sager v. State

699 So. 2d 619, 1997 WL 348108

Supreme Court of Florida | Filed: Jun 26, 1997 | Docket: 1321174

Cited 8 times | Published

qualified to try the case; and (12) whether section 921.141, Florida Statutes, is constitutional. [4]

In Re Jury Inst. in Criminal Cases

678 So. 2d 1224, 1996 WL 268004

Supreme Court of Florida | Filed: Aug 29, 1996 | Docket: 1470810

Cited 8 times | Published

instructions on "Penalty ProceedingsCapital Cases F.S. 921.141" to reflect the amendments to section 775.082

Layman v. State

652 So. 2d 373, 1995 WL 121612

Supreme Court of Florida | Filed: Mar 23, 1995 | Docket: 1518047

Cited 8 times | Published

life imprisonment in accordance with s. 775.082. § 921.141, Fla. Stat. (1991). Pursuant to these statutory

Paul William Scott v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections

38 F.3d 1547

Court of Appeals for the Eleventh Circuit | Filed: Nov 17, 1994 | Docket: 1038379

Cited 8 times | Published

will be life imprisonment or death. Fla.Stat. § 921.141(1). At this penalty phase of trial, the jury returns

Parker v. State

643 So. 2d 1032, 1994 WL 416723

Supreme Court of Florida | Filed: Aug 11, 1994 | Docket: 1744253

Cited 8 times | Published

felony, § 921.141(5)(b), Fla. Stat. (1981); the murder was committed during a robbery, id. § 921.141(5)(d);

Happ v. State

618 So. 2d 205, 1993 WL 166314

Supreme Court of Florida | Filed: May 20, 1993 | Docket: 1376361

Cited 8 times | Published

[1] Art. V, § 3(b)(1), Fla. Const. [2] See § 921.141(5)(h), Fla. Stat. (1987).

Cannady v. State

620 So. 2d 165, 1993 WL 143780

Supreme Court of Florida | Filed: May 6, 1993 | Docket: 1722793

Cited 8 times | Published

heinous, atrocious, or cruel, pursuant to section 921.141(5)(h), Florida Statutes (1989), and (2) committed

Hamblen v. Dugger

546 So. 2d 1039, 1989 WL 75280

Supreme Court of Florida | Filed: Jul 6, 1989 | Docket: 1442708

Cited 8 times | Published

circumstances to outweigh the aggravating circumstances." § 921.141(3), Fla. Stat. (1987). These requirements cannot

Dudley v. State

545 So. 2d 857, 1989 WL 65508

Supreme Court of Florida | Filed: Jun 15, 1989 | Docket: 1345717

Cited 8 times | Published

cold and calculated under the provisions of section 921.141(5)(i), Florida Statutes (1985). Applying the

Zeigler v. Dugger

524 So. 2d 419, 1988 WL 31797

Supreme Court of Florida | Filed: Apr 7, 1988 | Docket: 1340665

Cited 8 times | Published

908, 910 (1975). In following the statute (Fla. Stat. 921.141), the trial judge is directed to weigh the

Burch v. State

522 So. 2d 810, 1988 WL 12573

Supreme Court of Florida | Filed: Feb 18, 1988 | Docket: 1192017

Cited 8 times | Published

circumstances under section 921.141(5), Florida Statutes (1981): section 921.141(5)(a), capital felony

Morgan v. State

515 So. 2d 975, 1987 WL 3658

Supreme Court of Florida | Filed: Aug 27, 1987 | Docket: 1468047

Cited 8 times | Published

considering any factors except those enumerated in section 921.141(6). Moreover, the court, in its order sentencing

Morgan v. State

515 So. 2d 975, 1987 WL 3658

Supreme Court of Florida | Filed: Aug 27, 1987 | Docket: 1468047

Cited 8 times | Published

considering any factors except those enumerated in section 921.141(6). Moreover, the court, in its order sentencing

Davis v. Wainwright

498 So. 2d 857

Supreme Court of Florida | Filed: Oct 30, 1986 | Docket: 1335262

Cited 8 times | Published

___, 105 S.Ct. 3540, 87 L.Ed.2d 663 (1985); § 921.141, Fla. Stat. (1985). Davis has demonstrated no

Perri v. State

441 So. 2d 606

Supreme Court of Florida | Filed: Sep 29, 1983 | Docket: 1332993

Cited 8 times | Published

violence to the person is properly admitted. Section 921.141(1), Florida Statutes (1981), authorizing *608

Pittman v. Secretary, Florida Department of Corrections

871 F.3d 1231, 2017 U.S. App. LEXIS 18367

Court of Appeals for the Eleventh Circuit | Filed: Sep 22, 2017 | Docket: 6156965

Cited 7 times | Published

was heinous, atrocious, and cruel, Fla. Stat. § 921.141(6)(h); that Pittman had committed the murders

Angelo Atwell v. State of Florida

197 So. 3d 1040, 41 Fla. L. Weekly Supp. 244, 2016 WL 3010795, 2016 Fla. LEXIS 1124

Supreme Court of Florida | Filed: May 26, 2016 | Docket: 3067645

Cited 7 times | Published

sentence according to the procedure set forth in section 921.141 results in findings by the court that such

Fred Anderson, Jr. v. Secretary, Florida Department of Corrections

752 F.3d 881, 2014 WL 1877439, 2014 U.S. App. LEXIS 8853

Court of Appeals for the Eleventh Circuit | Filed: May 12, 2014 | Docket: 292869

Cited 7 times | Published

of law was substantially impaired.” Fla. Stat. § 921.141(6)(b), (f). Presenting those mitigating circumstances

Hampton v. State

103 So. 3d 98, 37 Fla. L. Weekly Supp. 499, 2012 Fla. LEXIS 2649, 2012 WL 6621371

Supreme Court of Florida | Filed: Jul 12, 2012 | Docket: 60227276

Cited 7 times | Published

under probation, meeting the requirements of section 921.141(5)(a), Florida Statutes (2009); the capital

Knight v. State

76 So. 3d 879, 36 Fla. L. Weekly Supp. 537, 2011 Fla. LEXIS 2288, 2011 WL 4467599

Supreme Court of Florida | Filed: Sep 28, 2011 | Docket: 60304596

Cited 7 times | Published

Florida’s death sentencing scheme as set forth in section 921.141, Florida Statutes (2000). This argument is

Rodgers v. State

934 So. 2d 1207, 2006 WL 1766734

Supreme Court of Florida | Filed: Jun 29, 2006 | Docket: 1747568

Cited 7 times | Published

rulings on this matter in Lawrence's case. Under section 921.141(6)(e), Florida Statutes (1997), the fact that

Rodgers v. State

934 So. 2d 1207, 2006 WL 1766734

Supreme Court of Florida | Filed: Jun 29, 2006 | Docket: 1747568

Cited 7 times | Published

rulings on this matter in Lawrence's case. Under section 921.141(6)(e), Florida Statutes (1997), the fact that

Montgomery v. State

821 So. 2d 464, 2002 WL 1625469

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 1236529

Cited 7 times | Published

support a sentence of death. The statute, section 921.141(5), Florida Statutes (1975), provided that

Mann v. State

770 So. 2d 1158, 2000 WL 1424544

Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 1778703

Cited 7 times | Published

evidentiary hearing concerning Mann's claim that section 921.141(5), Florida Statutes, is unconstitutionally

Knight v. State

721 So. 2d 287

Supreme Court of Florida | Filed: Nov 12, 1998 | Docket: 218583

Cited 7 times | Published

the use or threat of violence to the person, § 921.141(5)(b), Fla. Stat. (1995); (2) the murders were

Knight v. State

721 So. 2d 287

Supreme Court of Florida | Filed: Nov 12, 1998 | Docket: 218583

Cited 7 times | Published

the use or threat of violence to the person, § 921.141(5)(b), Fla. Stat. (1995); (2) the murders were

State v. Matute-Chirinos

713 So. 2d 1006, 1998 WL 394168

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 1732688

Cited 7 times | Published

[1] § 921.141(5)(h), Fla. Stat. (1995). [2] § 921.141(5)(d), Fla. Stat. (1995). [3] § 921.141(5)(d)

Fisher v. State

715 So. 2d 950, 1998 WL 309071

Supreme Court of Florida | Filed: Jun 12, 1998 | Docket: 1716934

Cited 7 times | Published

pretense of moral or legal justification (CCP). § 921.141(5)(b), (c), (d), (i), Fla. Stat. (1995). The judge

Brown v. State

644 So. 2d 52, 1994 WL 178115

Supreme Court of Florida | Filed: May 12, 1994 | Docket: 1672215

Cited 7 times | Published

especially heinous, atrocious, or cruel. See § 921.141, Fla. Stat. (1989). [2] Brown claims the trial

Patten v. State

598 So. 2d 60, 1992 WL 45028

Supreme Court of Florida | Filed: Mar 12, 1992 | Docket: 1472594

Cited 7 times | Published

"hindering the enforcement of laws," contained in section 921.141(5)(g), Florida Statutes (1981). Clearly, the

Cook v. State

581 So. 2d 141, 1991 WL 88739

Supreme Court of Florida | Filed: May 30, 1991 | Docket: 1283906

Cited 7 times | Published

each statutory mitigating factor listed in section 921.141(6), Florida Statutes (1989), did or did not

Hall v. Dugger

531 So. 2d 76, 1988 WL 47674

Supreme Court of Florida | Filed: May 12, 1988 | Docket: 544064

Cited 7 times | Published

capacity and extreme emotional disturbance, see section 921.141(6)(b) and (f), Florida Statutes (1977), there

Alfonso v. State

528 So. 2d 383, 1988 WL 4525

District Court of Appeal of Florida | Filed: Jan 26, 1988 | Docket: 1717443

Cited 7 times | Published

separate proceeding after guilt is adjudicated. § 921.141(1), Fla. Stat. (1985). Moreover, this court has

Atkins v. State

497 So. 2d 1200, 11 Fla. L. Weekly 567

Supreme Court of Florida | Filed: Oct 30, 1986 | Docket: 1238528

Cited 7 times | Published

jurisdiction thereof. Art. V, § 3(b)(1), Fla. Const.; § 921.141, Fla. Stat. (1981). Appellant argues that the

Spaziano v. State

489 So. 2d 720, 11 Fla. L. Weekly 230

Supreme Court of Florida | Filed: May 22, 1986 | Docket: 545651

Cited 7 times | Published

nonstatutory aggravating factors in violation of section 921.141, Florida Statutes (1975), and that it did not

Spaziano v. State

489 So. 2d 720, 11 Fla. L. Weekly 230

Supreme Court of Florida | Filed: May 22, 1986 | Docket: 545651

Cited 7 times | Published

nonstatutory aggravating factors in violation of section 921.141, Florida Statutes (1975), and that it did not

Jeffrey Glenn Hutchinson v. State of Florida

243 So. 3d 880

Supreme Court of Florida | Filed: Mar 15, 2018 | Docket: 6334993

Cited 6 times | Published

whether the trial court erred in considering section 921.141(5)(1), Florida Statutes (2000), as an aggravating

CARY LAMBRIX v. SECRETARY, DOC

872 F.3d 1170, 2017 WL 4416205, 2017 U.S. App. LEXIS 19459

Court of Appeals for the Eleventh Circuit | Filed: Oct 5, 2017 | Docket: 6164674

Cited 6 times | Published

murder may be sentenced to death. See Fla. Stat. § 921.141 (2017). The amended statute contains no provision

Paul Glen Everett v. Secretary, Florida Department of Corrections

779 F.3d 1212, 2015 U.S. App. LEXIS 3027, 2015 WL 821211

Court of Appeals for the Eleventh Circuit | Filed: Feb 27, 2015 | Docket: 2637877

Cited 6 times | Published

for a previous felony conviction, Fla. Stat. § 921.141(5)(a); (2) was committed while Everett was engaged

Yacob v. State

136 So. 3d 539, 39 Fla. L. Weekly Supp. 174, 2014 WL 1243782, 2014 Fla. LEXIS 1030

Supreme Court of Florida | Filed: Mar 27, 2014 | Docket: 60240033

Cited 6 times | Published

was established but ascribed it no weight. See § 921.141(6)(g), Fla. Stat. (2008). The trial court also

Allen v. State

137 So. 3d 946, 38 Fla. L. Weekly Supp. 592, 2013 WL 3466777, 2013 Fla. LEXIS 1421

Supreme Court of Florida | Filed: Jul 11, 2013 | Docket: 60240447

Cited 6 times | Published

engaged in the commission of a kidnapping. See § 921.141(5)(d), Fla. Stat. (2005). Allen bases this assertion

Robards v. State

112 So. 3d 1256, 38 Fla. L. Weekly Supp. 257, 2013 WL 1760428, 2013 Fla. LEXIS 822

Supreme Court of Florida | Filed: Apr 25, 2013 | Docket: 60230995

Cited 6 times | Published

statutory aggravating circumstances listed in section 921.141(5), Florida Statutes, this Court has rejected

Kocaker v. State

119 So. 3d 1214, 38 Fla. L. Weekly Supp. 8, 2013 WL 28243, 2013 Fla. LEXIS 1

Supreme Court of Florida | Filed: Jan 3, 2013 | Docket: 60233564

Cited 6 times | Published

on felony probation at the time of the murder, § 921.141(5)(a), Fla. Stat. (2004) (great weight); (2) Kocaker

Paul H. Evans v. Secretary, Florida Department of Corrections

699 F.3d 1249, 2012 WL 5200326, 2012 U.S. App. LEXIS 22072

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 2012 | Docket: 879091

Cited 6 times | Published

sentence in Florida. See Fla. Stat. § 921.141(5)(f) (1990). After the jury convicted Evans

King v. State

89 So. 3d 209, 37 Fla. L. Weekly Supp. 103, 2012 WL 399863, 2012 Fla. LEXIS 302

Supreme Court of Florida | Filed: Feb 9, 2012 | Docket: 60308731

Cited 6 times | Published

especially heinous, atrocious, or cruel (HAC), see § 921.141(5)(h), Fla. Stat. (2007) (great weight)6; (2)

Russ v. State

73 So. 3d 178, 36 Fla. L. Weekly Supp. 527, 2011 Fla. LEXIS 2256, 2011 WL 4389041

Supreme Court of Florida | Filed: Sep 22, 2011 | Docket: 60303358

Cited 6 times | Published

justification. McWatters, 36 So.3d at 640-41 (citing § 921.141(5)(i) (Fla. Stat.; Pearce v. State, 880 So.2d

Maxwell v. State

657 So. 2d 1157, 1995 WL 424449

Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 1497275

Cited 6 times | Published

certified to be of great public importance: IS SECTION 921.141(7), FLORIDA STATUTES, ALLOWING VICTIM IMPACT

Colina v. State

634 So. 2d 1077, 1994 WL 113409

Supreme Court of Florida | Filed: Apr 7, 1994 | Docket: 1473013

Cited 6 times | Published

aggravating circumstances, specifically: 1. F.S. 921.141(5)(f) The capital felony was committed for pecuniary

Stewart v. State

620 So. 2d 177, 1993 WL 152678

Supreme Court of Florida | Filed: May 13, 1993 | Docket: 1722967

Cited 6 times | Published

evidence concerning impairment was presented. See § 921.141, Fla. Stat. (1989). The State put on a number

Gore v. Dugger

763 F. Supp. 1110, 1989 U.S. Dist. LEXIS 18442, 1989 WL 248505

District Court, M.D. Florida | Filed: Aug 17, 1989 | Docket: 1153924

Cited 6 times | Published

aggravating circumstance under Florida Statute § 921.141(5)(h) if they find that "[T]he capital felony

Rivera v. State

545 So. 2d 864, 1989 WL 73144

Supreme Court of Florida | Filed: Jun 29, 1989 | Docket: 1344816

Cited 6 times | Published

circumstances to factors enumerated under section 921.141 solely and not advising the jury that it could

Francis v. Dugger

697 F. Supp. 472, 1988 U.S. Dist. LEXIS 11422, 1988 WL 107139

District Court, S.D. Florida | Filed: Oct 7, 1988 | Docket: 1457334

Cited 6 times | Published

of moral or legal justification. See Fla.Stat. § 921.141(5)(g), (h), (i).[7] The only mitigating factors

Caillier v. State

523 So. 2d 158, 1988 WL 31801

Supreme Court of Florida | Filed: Apr 7, 1988 | Docket: 2378160

Cited 6 times | Published

JJ., concur. NOTES [1] § 921.141(5)(f). [2] § 921.141(5)(i). [3] § 921.141(6)(a).

State v. Weston

510 So. 2d 1001, 12 Fla. L. Weekly 1707

District Court of Appeal of Florida | Filed: Jul 14, 1987 | Docket: 1754318

Cited 6 times | Published

711 (Fla. 5th DCA 1986) and cases cited; see § 921.141(6)(g) (age of defendant mitigating circumstance

Palmes v. Wainwright

725 F.2d 1511

Court of Appeals for the Eleventh Circuit | Filed: Feb 17, 1984 | Docket: 66195148

Cited 6 times | Published

cruel” conduct are unconstitutional. Fla.Stat. § 921.141(5)(h) (1975). Appellant waived the jury for the

Lucas v. State

417 So. 2d 250

Supreme Court of Florida | Filed: Jul 1, 1982 | Docket: 1383693

Cited 6 times | Published

we said: Florida's death penalty statute, section 921.141, Florida Statutes (1979), directs that a jury

Brandon Lee Bradley v. State of Florida

214 So. 3d 648, 42 Fla. L. Weekly Supp. 391, 2017 WL 1177618, 2017 Fla. LEXIS 690

Supreme Court of Florida | Filed: Mar 30, 2017 | Docket: 4658703

Cited 5 times | Published

an opportunity to rebut the evidence under section 921.141(1), Florida Statutes. In this case, we

Khadafy Kareem Mullens v. State of Florida

197 So. 3d 16, 41 Fla. L. Weekly Supp. 279, 2016 Fla. LEXIS 1255, 2016 WL 3348429

Supreme Court of Florida | Filed: Jun 16, 2016 | Docket: 3079195

Cited 5 times | Published

convicted of prior violent felonies under section 921.141(5)(b), Florida Statutes (including a prior

United States v. Courtnee Nicole Brantley

803 F.3d 1265, 2015 U.S. App. LEXIS 17689, 2015 WL 5915894

Court of Appeals for the Eleventh Circuit | Filed: Oct 9, 2015 | Docket: 2866550

Cited 5 times | Published

elected to do just that. See, e.g., Fla. Stat. § 921.141(5)0’) (listing, among the aggravating factors

United States v. Courtnee Nicole Brantley

803 F.3d 1265, 2015 U.S. App. LEXIS 17689, 2015 WL 5915894

Court of Appeals for the Eleventh Circuit | Filed: Oct 9, 2015 | Docket: 2866550

Cited 5 times | Published

elected to do just that. See, e.g., Fla. Stat. § 921.141(5)0’) (listing, among the aggravating factors

Manuel Antonio Rodriguez v. Secretary, Florida Department of Corrections

756 F.3d 1277, 2014 WL 2922664, 2014 U.S. App. LEXIS 12240

Court of Appeals for the Eleventh Circuit | Filed: Jun 30, 2014 | Docket: 415085

Cited 5 times | Published

Fla. Stat. § 921.141 (5)(b). 26 . See Fla. Stat. § 921.141(5)(a).

Thomas Dewey Pope v. Secretary, Florida Department of Corrections

752 F.3d 1254, 2014 WL 1929078, 2014 U.S. App. LEXIS 9044

Court of Appeals for the Eleventh Circuit | Filed: May 15, 2014 | Docket: 245486

Cited 5 times | Published

Stat. § 921.141(5)(b); (2) the murder was committed to avoid arrest, id. § 921.141(5)(e);

Kalisz v. State

124 So. 3d 185, 38 Fla. L. Weekly Supp. 745, 2013 WL 5642073, 2013 Fla. LEXIS 2288

Supreme Court of Florida | Filed: Oct 17, 2013 | Docket: 60235421

Cited 5 times | Published

Constitution, and is also specifically governed by section 921.141(7), Florida Statutes (2009), which states:

Kalisz v. State

124 So. 3d 185, 38 Fla. L. Weekly Supp. 745, 2013 WL 5642073, 2013 Fla. LEXIS 2288

Supreme Court of Florida | Filed: Oct 17, 2013 | Docket: 60235421

Cited 5 times | Published

Constitution, and is also specifically governed by section 921.141(7), Florida Statutes (2009), which states:

Jackson v. State

127 So. 3d 447, 2013 WL 5269865

Supreme Court of Florida | Filed: Sep 19, 2013 | Docket: 60236727

Cited 5 times | Published

relief because it lacks merit. According to section 921.141(5), Florida Statutes, a court may consider

Oyola v. State

99 So. 3d 431, 37 Fla. L. Weekly Supp. 580, 2012 WL 4125816, 2012 Fla. LEXIS 1814

Supreme Court of Florida | Filed: Sep 20, 2012 | Docket: 60313003

Cited 5 times | Published

failed to establish the mitigator provided in section 921.141(6)(f), Florida Statutes (2007), which is that

Hall v. State

107 So. 3d 262, 37 Fla. L. Weekly Supp. 537, 2012 Fla. LEXIS 1666, 2012 WL 3732823

Supreme Court of Florida | Filed: Aug 30, 2012 | Docket: 60228646

Cited 5 times | Published

to those set out in the death penalty statute. § 921.141(5), Fla. Stat. (2010). All relevant evidence,

Bright v. State

90 So. 3d 249, 2012 WL 224067

Supreme Court of Florida | Filed: Jan 26, 2012 | Docket: 60309342

Cited 5 times | Published

the use or threat of violence to the person, § 921.141(5)(b), Fla. Stat. (2008) (the 1990 conviction

McLean v. State

29 So. 3d 1045, 35 Fla. L. Weekly Supp. 108, 2010 Fla. LEXIS 179, 2010 WL 455287

Supreme Court of Florida | Filed: Feb 11, 2010 | Docket: 57196

Cited 5 times | Published

the aggravating or mitigating circumstances." § 921.141(1), Fla. Stat. (2004). Then, the trial court must

State v. Kilgore

976 So. 2d 1066, 2007 WL 4142744

Supreme Court of Florida | Filed: Nov 21, 2007 | Docket: 1274876

Cited 5 times | Published

JJ., concur. NOTES [1] § 921.141(5)(a), Fla. Stat. (1995). [2] § 921.141(5)(b), Fla. Stat. (1995)

Scott v. State

603 So. 2d 1275, 1992 WL 205529

Supreme Court of Florida | Filed: Aug 27, 1992 | Docket: 1475488

Cited 5 times | Published

preventing a lawful arrest. § 921.141(5), Fla. Stat. (1987). [3] § 921.141(6)(g), Fla. Stat. (1987). [4]

Scott v. State

603 So. 2d 1275, 1992 WL 205529

Supreme Court of Florida | Filed: Aug 27, 1992 | Docket: 1475488

Cited 5 times | Published

preventing a lawful arrest. § 921.141(5), Fla. Stat. (1987). [3] § 921.141(6)(g), Fla. Stat. (1987). [4]

Davis v. State

586 So. 2d 1038, 1991 WL 169527

Supreme Court of Florida | Filed: Sep 5, 1991 | Docket: 1742518

Cited 5 times | Published

the murder was heinous, atrocious, or cruel. § 921.141(5), Fla. Stat. (1985). [3] In the statement,

Huddleston v. State

475 So. 2d 204, 10 Fla. L. Weekly 487

Supreme Court of Florida | Filed: Aug 29, 1985 | Docket: 1301789

Cited 5 times | Published

significant history of prior criminal activity. § 921.141(6)(a), Fla. Stat. (1983). In addition there was

Douglas v. Wainwright

521 F. Supp. 790, 1981 U.S. Dist. LEXIS 14285

District Court, M.D. Florida | Filed: Aug 25, 1981 | Docket: 1252976

Cited 5 times | Published

in accordance with s. 775.082. Fla.Stat.Ann. § 921.141 (Supp. 1981 West). Petitioner contends that his

Jose Antonio Jimenez v. Julie L. Jones, etc.

261 So. 3d 502

Supreme Court of Florida | Filed: Dec 12, 2018 | Docket: 8397778

Cited 4 times | Published

and 2017-1, Laws of Florida, which revised section 921.141, Florida Statutes. He also requests a stay

Kevin Don Foster v. State of Florida

258 So. 3d 1248

Supreme Court of Florida | Filed: Dec 6, 2018 | Docket: 8347873

Cited 4 times | Published

Hurst , 202 So.3d at 57 ; § 921.141(2), Fla. Stat. (2018) ; ch. 2017-1, Laws of Fla

Michael Gordon Reynolds v. State of Florida

251 So. 3d 811

Supreme Court of Florida | Filed: Apr 5, 2018 | Docket: 6355432

Cited 4 times | Published

concurring in part and dissenting in part); see also § 921.141, Fla. Stat. (2017). Thus, in light of Reynolds'

Michael Gordon Reynolds v. State of Florida

251 So. 3d 811

Supreme Court of Florida | Filed: Apr 5, 2018 | Docket: 6355432

Cited 4 times | Published

concurring in part and dissenting in part); see also § 921.141, Fla. Stat. (2017). Thus, in light of Reynolds'

Robert Pernell McCloud v. State of Florida

208 So. 3d 668, 41 Fla. L. Weekly Supp. 548, 2016 Fla. LEXIS 2530

Supreme Court of Florida | Filed: Nov 17, 2016 | Docket: 4539952

Cited 4 times | Published

for McCloud are life imprisonment or death. See § 921.141(1), Fla. Stat. (2012) (“Upon conviction or adjudication

Ronald Clark, Jr. . Attorney General, State of FL

821 F.3d 1270, 2016 U.S. App. LEXIS 7639, 2016 WL 1660403

Court of Appeals for the Eleventh Circuit | Filed: Apr 27, 2016 | Docket: 3058726

Cited 4 times | Published

conviction for another capital felony, Fla. Stat. § 921.141(6)(b), that the murder of Wiliis was comhiitted

Oyola v. State

158 So. 3d 504, 2015 WL 686047

Supreme Court of Florida | Filed: Feb 19, 2015 | Docket: 60294044

Cited 4 times | Published

Consideration of Nonstatutory Aggravating Factors Section 921.141, Florida Statutes, governs capital sentencing

James Hitchcock v. Secretary, Florida Department of Corrections

745 F.3d 476, 2014 WL 948507, 2014 U.S. App. LEXIS 4625

Court of Appeals for the Eleventh Circuit | Filed: Mar 12, 2014 | Docket: 146601

Cited 4 times | Published

law was substantially impaired. See Fla. Stat. § 921.141(6)(b), (f) (1996). Defense counsel did argue during

Askari Abdullah Muhammad f/k/a Thomas Knight v. State of Florida

132 So. 3d 176

Supreme Court of Florida | Filed: Jan 3, 2014 | Docket: 400989

Cited 4 times | Published

defendant was under a sentence of imprisonment, § 921.141(5)(a), Fla. Stat. (1979); (2) the defendant had

Merck v. State

124 So. 3d 785, 2013 WL 264437

Supreme Court of Florida | Filed: Jan 24, 2013 | Docket: 60235564

Cited 4 times | Published

was a minor participant in accordance with section 921.141(6)(d), Florida Statutes. Specifically, Merck

Norman Merle Grim, Jr. v. Secretary, Florida Department of Corrections

705 F.3d 1284, 2013 WL 221459, 2013 U.S. App. LEXIS 1457

Court of Appeals for the Eleventh Circuit | Filed: Jan 22, 2013 | Docket: 890400

Cited 4 times | Published

1299930 (N.D.Fla. Mar.31, 2011) (citing Fla. Stat. § 921.141). In Evans v. Sec’y, Fla. Dep’t of

Ferguson v. State

101 So. 3d 362, 37 Fla. L. Weekly Supp. 627, 2012 WL 4760710, 2012 Fla. LEXIS 1951

Supreme Court of Florida | Filed: Oct 8, 2012 | Docket: 60226268

Cited 4 times | Published

consideration of mitigating circumstances under section 921.141(6)(b) and (f), Florida Statutes (1977), because

Taylor v. State

87 So. 3d 749, 2012 WL 739203

Supreme Court of Florida | Filed: Mar 8, 2012 | Docket: 60308040

Cited 4 times | Published

committed while Taylor was on felony probation, see § 921.141(5)(a), Fla. Stat. (2001); (2) Taylor had previously

Griffin v. McNeil

667 F. Supp. 2d 1340, 2009 U.S. Dist. LEXIS 105843, 2009 WL 3614313

District Court, S.D. Florida | Filed: Oct 15, 2009 | Docket: 1977133

Cited 4 times | Published

murder was cold, calculating, and premeditated. § 921.141(5)(b), (d), (e), (i), Fla. Stat. (1991). (App

Van Poyck v. State

961 So. 2d 220, 2007 WL 1287190

Supreme Court of Florida | Filed: May 3, 2007 | Docket: 1515775

Cited 4 times | Published

participation" statutory mitigator. Id. (citing to § 921.141(6)(d), Fla. Stat. (1975)). In Zerquera v. State

Lopez v. State

864 So. 2d 1151, 2003 WL 23094766

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 1425722

Cited 4 times | Published

the supreme court most likely referred was section 921.141(5)(b), Florida Statutes (1991), which provided

Stewart v. State

872 So. 2d 226, 2003 WL 22097454

Supreme Court of Florida | Filed: Sep 11, 2003 | Docket: 479116

Cited 4 times | Published

statutory mitigating circumstances contained in section 921.141(6), Florida Statutes (2002), an instruction

Miller v. State

713 So. 2d 1008

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 1732699

Cited 4 times | Published

victim impact evidence did not comply with section 921.141(7), Florida Statutes (1995), and should have

State v. Maxwell

647 So. 2d 871, 1994 WL 415241

District Court of Appeal of Florida | Filed: Jan 18, 1995 | Docket: 437813

Cited 4 times | Published

sentencing statute allowing victim impact evidence, section 921.141(7), Florida Statutes. Respondent was convicted

State v. Hernandez

645 So. 2d 432, 1994 WL 656605

Supreme Court of Florida | Filed: Nov 23, 1994 | Docket: 1168919

Cited 4 times | Published

the State. Based on its interpretation of section 921.141(1), Florida Statutes (1991),[1] the trial court

Johnston v. Singletary

640 So. 2d 1102, 1994 WL 275167

Supreme Court of Florida | Filed: Jun 23, 1994 | Docket: 1719085

Cited 4 times | Published

the murder was heinous, atrocious, or cruel. § 921.141(5)(b), (d), (h), Fla. Stat. (1983).

Gaskin v. State

615 So. 2d 679, 1993 WL 74251

Supreme Court of Florida | Filed: Mar 18, 1993 | Docket: 1658663

Cited 4 times | Published

Constitution. [2] See § 921.141(5)(h), Fla. Stat. (1987). [3] See § 921.141(5)(i), Fla. Stat. (1987)

Meeks v. Dugger

576 So. 2d 713, 1991 WL 6142

Supreme Court of Florida | Filed: Apr 11, 1991 | Docket: 1242425

Cited 4 times | Published

those mitigating circumstances enumerated in section 921.141, Florida Statutes (1975).[2]*715 The jury recommended

Dolinsky v. State

576 So. 2d 271, 1991 WL 6531

Supreme Court of Florida | Filed: Jan 18, 1991 | Docket: 1242437

Cited 4 times | Published

the jury, the weighing process mandated by section 921.141(3), Florida Statutes (1989), is held for naught

Armstrong v. Dugger

833 F.2d 1430

Court of Appeals for the Eleventh Circuit | Filed: Nov 23, 1987 | Docket: 66230776

Cited 4 times | Published

penalty statute in effect at the time. Former section 921.141 provided: (2) Advisory sentence by the jury

Magill v. Dugger

824 F.2d 879

Court of Appeals for the Eleventh Circuit | Filed: Jul 28, 1987 | Docket: 66227862

Cited 4 times | Published

committing, the crime of robbery and rape [Fla.Stat. § 921.141(5)(d) ]; (2) the capital felony was especially

Howard v. State

385 So. 2d 739

District Court of Appeal of Florida | Filed: Jul 15, 1980 | Docket: 1337942

Cited 4 times | Published

revitalized the death penalty by the enactment of Section 921.141, Florida Statutes (Supp. 1972), effective October

Bradley v. State

374 So. 2d 1154

District Court of Appeal of Florida | Filed: Sep 18, 1979 | Docket: 430793

Cited 4 times | Published

Florida's reenactment of the death penalty in Section 921.141, Florida Statutes (1972). The law of our state

Funchess v. State

367 So. 2d 1007

Supreme Court of Florida | Filed: Feb 8, 1979 | Docket: 1647837

Cited 4 times | Published

court concerning appellant's sentence under section 921.141, Florida Statutes (1977). It is so ordered

Funchess v. State

367 So. 2d 1007

Supreme Court of Florida | Filed: Feb 8, 1979 | Docket: 1647837

Cited 4 times | Published

court concerning appellant's sentence under section 921.141, Florida Statutes (1977). It is so ordered

Washington v. State

362 So. 2d 658, 1978 Fla. LEXIS 4900

Supreme Court of Florida | Filed: Sep 7, 1978 | Docket: 64566155

Cited 4 times | Published

Section 3(b)(1), Florida Constitution, and Section 921.141(4), Florida Statutes (1975). These appeals

Allstate Insurance Company v. Orthopedic Specialists, etc.

212 So. 3d 973, 42 Fla. L. Weekly Supp. 38, 2017 WL 372092, 2017 Fla. LEXIS 194

Supreme Court of Florida | Filed: Jan 26, 2017 | Docket: 4574079

Cited 3 times | Published

that because the Legislature has mandated in section 921.141(4), Florida Statutes (2013), that “[t]he judgment

United States v. Bobby Jenkins

822 F.3d 1213, 2016 U.S. App. LEXIS 8652, 2016 WL 2754018

Court of Appeals for the Eleventh Circuit | Filed: May 11, 2016 | Docket: 3063381

Cited 3 times | Published

constituted a “conviction” for purposes of section 921.141(5)(b), Florida Statutes (1975), governing aggravating

John William Campbell v. State of Florida

159 So. 3d 814, 40 Fla. L. Weekly Supp. 126, 2015 Fla. LEXIS 444, 2015 WL 919802

Supreme Court of Florida | Filed: Mar 5, 2015 | Docket: 2639465

Cited 3 times | Published

court found as an aggravating factor under section 921.141(5)(b), Florida Statutes (2013), that the defendant

David Kelsey Sparre v. State of Florida

164 So. 3d 1183, 40 Fla. L. Weekly Supp. 45, 2015 Fla. LEXIS 114, 2015 WL 268099

Supreme Court of Florida | Filed: Jan 22, 2015 | Docket: 2626844

Cited 3 times | Published

defendant’s own wishes to be sentenced to death. See § 921.141(3), Fla. Stat. (2012) (requiring a trial court

Albert Holland, Jr. v. State of FLorida

775 F.3d 1294, 2014 WL 7359860, 2014 U.S. App. LEXIS 24506

Court of Appeals for the Eleventh Circuit | Filed: Dec 29, 2014 | Docket: 2619279

Cited 3 times | Published

or threat of violence to a person, Fla. Stat. § 921.141(5)(b) (2010); the capital felony was committed

Jean-Philippe v. State

123 So. 3d 1071, 38 Fla. L. Weekly Supp. 409, 2013 WL 2631159, 2013 Fla. LEXIS 1183

Supreme Court of Florida | Filed: Jun 13, 2013 | Docket: 60234852

Cited 3 times | Published

cold, calculated, and premeditated (CCP). See § 921.141(5), Fla. Stat. (2009). In mitigation, the trial

Jean-Philippe v. State

123 So. 3d 1071, 38 Fla. L. Weekly Supp. 409, 2013 WL 2631159, 2013 Fla. LEXIS 1183

Supreme Court of Florida | Filed: Jun 13, 2013 | Docket: 60234852

Cited 3 times | Published

cold, calculated, and premeditated (CCP). See § 921.141(5), Fla. Stat. (2009). In mitigation, the trial

Bolin v. State

117 So. 3d 728, 38 Fla. L. Weekly Supp. 453, 2013 Fla. LEXIS 271, 2013 WL 627146

Supreme Court of Florida | Filed: Feb 21, 2013 | Docket: 60232771

Cited 3 times | Published

requirements of law was substantially impaired. See § 921.141(6)(f), Fla. Stat. (1985). Bolin asserts that if

Partlow v. State

134 So. 3d 1027, 2013 WL 45743, 2013 Fla. App. LEXIS 78

District Court of Appeal of Florida | Filed: Jan 4, 2013 | Docket: 60238999

Cited 3 times | Published

sentence according to the procedure set forth in section 921.141 results in findings by the court that such

Kaczmar v. State

104 So. 3d 990, 2012 WL 4665829, 2012 Fla. LEXIS 1922

Supreme Court of Florida | Filed: Oct 4, 2012 | Docket: 60227746

Cited 3 times | Published

prior violent felony aggravator pursuant to section 921.141(5)(b), Florida Statutes (2007). The State presented

Rutherford v. State

93 So. 3d 1132, 2012 Fla. App. LEXIS 12279, 2012 WL 3055004

District Court of Appeal of Florida | Filed: Jul 27, 2012 | Docket: 60310450

Cited 3 times | Published

consider certain mitigating factors pursuant to section 921.141, Florida Statutes (1995). However, this is

Hall v. State

87 So. 3d 667, 37 Fla. L. Weekly Supp. 59, 2012 Fla. LEXIS 237, 2012 WL 300885

Supreme Court of Florida | Filed: Feb 2, 2012 | Docket: 60308027

Cited 3 times | Published

for “especially heinous, atrocious and cruel.” § 921.141(5)(h), Fla. Stat. (2006) (emphasis added).6 The

Buzia v. State

82 So. 3d 784, 2011 WL 6090069

Supreme Court of Florida | Filed: Dec 8, 2011 | Docket: 60306257

Cited 3 times | Published

factors under the statutory catchall provision, section 921.141(6)(h), Florida Statutes (2003), specifically

State v. Ballard

956 So. 2d 470, 2007 WL 547749

District Court of Appeal of Florida | Filed: Feb 23, 2007 | Docket: 1740436

Cited 3 times | Published

after the penalty phase becomes necessary. Section 921.141(6)(g), Florida Statutes (2006), provides that

Hall v. State

853 So. 2d 546, 2003 WL 22023448

District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 1660245

Cited 3 times | Published

[in response to Furman] by the enactment of Section 921.141, Florida Statutes (Supp. 1972), ... the trial

State v. Johnston

743 So. 2d 22, 1999 WL 149737

District Court of Appeal of Florida | Filed: Mar 12, 1999 | Docket: 1670104

Cited 3 times | Published

prosecution, of victim impact evidence authorized by section 921.141(7), Florida Statutes (1997), and approved by

State v. AC

714 So. 2d 617, 1998 WL 409004

District Court of Appeal of Florida | Filed: Jul 22, 1998 | Docket: 461517

Cited 3 times | Published

Hootman, 709 So.2d 1357, 1359 (Fla.1998)(holding section 921.141(5)(m), Florida Statutes (Supp.1996), which

State v. Hootman

697 So. 2d 1259, 1997 WL 413823

District Court of Appeal of Florida | Filed: Jul 25, 1997 | Docket: 1777261

Cited 3 times | Published

newly created aggravating circumstance of section 921.141(5)(m), Florida Statutes (Supp.1996), in seeking

Wilson v. State

696 So. 2d 528, 1997 WL 375010

District Court of Appeal of Florida | Filed: Jul 9, 1997 | Docket: 1696042

Cited 3 times | Published

"conviction" as required by the statutory language. See § 921.141(5)(b), Fla. Stat. (1995); Merck v. State, 664

Mercer v. State

654 So. 2d 1221, 1995 WL 258100

District Court of Appeal of Florida | Filed: May 5, 1995 | Docket: 1710304

Cited 3 times | Published

October 1, 1972 was the effective date of section 921.141, Florida Statutes (Supp. 1972), the re-enacted

Beltran-Lopez v. State

583 So. 2d 1030, 1991 WL 123076

Supreme Court of Florida | Filed: Jul 11, 1991 | Docket: 1684266

Cited 3 times | Published

vote, and he, too, was sentenced to death. [2] § 921.141(5)(b), (d), (e), (h), Fla. Stat. (1985). [3]

Heiney v. Dugger

558 So. 2d 398

Supreme Court of Florida | Filed: Feb 1, 1990 | Docket: 1407657

Cited 3 times | Published

"statutory mitigating factors" contained in section 921.141, Florida Statutes (1975). Hitchcock, 481 U

Woods v. Dugger

711 F. Supp. 586, 1989 WL 37076

District Court, M.D. Florida | Filed: Apr 14, 1989 | Docket: 1243944

Cited 3 times | Published

Mitigating circumstances set out in Florida Statute § 921.141(6)(a, b, c, d, e, and f) do not apply in this

Jackson v. Dugger

529 So. 2d 1081, 1988 WL 61394

Supreme Court of Florida | Filed: Jun 16, 1988 | Docket: 432661

Cited 3 times | Published

mitigating circumstances "as enumerated" in section 921.141(6), Florida Statutes. In any event, because

Boatwright v. State

512 So. 2d 955

District Court of Appeal of Florida | Filed: Sep 11, 1987 | Docket: 1517431

Cited 3 times | Published

however, the Enmund decision's reliance on section 921.141, Florida Statutes (1983); and section 775.082

Boatwright v. State

512 So. 2d 955

District Court of Appeal of Florida | Filed: Sep 11, 1987 | Docket: 1517431

Cited 3 times | Published

however, the Enmund decision's reliance on section 921.141, Florida Statutes (1983); and section 775.082

White v. Wainwright

632 F. Supp. 1140

District Court, S.D. Florida | Filed: Mar 31, 1986 | Docket: 2113599

Cited 3 times | Published

101 S.Ct. 1852, 68 L.Ed.2d 270 (1981); that Section 921.141(5)(h) of the Florida Statutes which establishes

Hall v. Wainwright

733 F.2d 766

Court of Appeals for the Eleventh Circuit | Filed: May 16, 1984 | Docket: 66197297

Cited 3 times | Published

after finding the defendant guilty. Fla.Stat. § 921.141(2) (West Supp.1983). While the jury’s recommendation

Christopher v. State of Florida

582 F. Supp. 633, 1984 U.S. Dist. LEXIS 18667

District Court, S.D. Florida | Filed: Mar 13, 1984 | Docket: 1354289

Cited 3 times | Published

to those specifically enumerated in Fla.Stat. § 921.141. See n. 2. At the sentencing hearing, the trial

Hunter v. State

358 So. 2d 557

District Court of Appeal of Florida | Filed: Apr 10, 1978 | Docket: 1311283

Cited 3 times | Published

offenses were reinstated by legislative enactment. § 921.141, Fla. Stat. (1973); Lowe v. Stack, 326 So.2d 1

STATE OF FLORIDA v. CHESTER RALPH KWITOWSKI, JR.

250 So. 3d 210

District Court of Appeal of Florida | Filed: Jun 20, 2018 | Docket: 7225311

Cited 2 times | Published

penalty available for capital felonies, and section 921.141, Florida Statutes (1979), the statute establishing

Ernest D. Suggs v. State of Florida

238 So. 3d 699

Supreme Court of Florida | Filed: Nov 9, 2017 | Docket: 6220621

Cited 2 times | Published

only deferred to the jury's vote, contrary to section 921.141(3), Florida Statutes (1989), and Ross

Aramis Donell Ayala, etc. v. Rick Scott, Governor

224 So. 3d 755, 42 Fla. L. Weekly Supp. 766, 2017 Fla. LEXIS 1770, 2017 WL 3774788

Supreme Court of Florida | Filed: Aug 31, 2017 | Docket: 6146157

Cited 2 times | Published

the death penalty in capital prosecutions. See § 921.141(1), Fla. Stat. (2017); § 775.082(l)(a), Fla. Stat

Michael L. King v. State of Florida

211 So. 3d 866, 42 Fla. L. Weekly Supp. 67, 2017 WL 372081, 2017 Fla. LEXIS 191

Supreme Court of Florida | Filed: Jan 26, 2017 | Docket: 4574076

Cited 2 times | Published

especially heinous, atrocious, and cruel (HAC), section 921.141(5)(h), Florida Statutes (2007) (great weight);

Donald Otis Williams v. State of Florida

209 So. 3d 543, 42 Fla. L. Weekly Supp. 5, 2017 Fla. LEXIS 126

Supreme Court of Florida | Filed: Jan 19, 2017 | Docket: 4570210

Cited 2 times | Published

statements mainly reflect what is stated in section 921.141(1), Florida Statutes (2010), which' provides

Kilgore v. Secretary, Florida Department of Corrections

805 F.3d 1301, 2015 U.S. App. LEXIS 19942, 2015 WL 7175659

Court of Appeals for the Eleventh Circuit | Filed: Nov 16, 2015 | Docket: 3012920

Cited 2 times | Published

the time he committed the murder, Fla. Stat. § 921.141(5)(a); and (2) Kilgore had been previously convicted

Marvin Cannon v. State of Florida

180 So. 3d 1023, 40 Fla. L. Weekly Supp. 509, 2015 Fla. LEXIS 2033, 2015 WL 5601524

Supreme Court of Florida | Filed: Sep 24, 2015 | Docket: 2851201

Cited 2 times | Published

assigned the aggravator great weight. 7. § 921.141(5)(a), Fla. Stat. (2010).

Emilia L. Carr v. State of Florida

156 So. 3d 1052, 40 Fla. L. Weekly Supp. 65, 2015 Fla. LEXIS 202, 2015 WL 463524

Supreme Court of Florida | Filed: Feb 5, 2015 | Docket: 2631959

Cited 2 times | Published

admissible hearsay during the penalty phase under section 921.141(1), Florida Statutes (2010). We affirm the

Carl Puiatti v. Secretary, Florida Department of Corrections

732 F.3d 1255, 2013 WL 5615052, 2013 U.S. App. LEXIS 20815

Court of Appeals for the Eleventh Circuit | Filed: Oct 15, 2013 | Docket: 2176371

Cited 2 times | Published

not receiving a death sentence. See Fla. Stat. § 921.141(6)(b), (d), (g). Garrett called two expert witnesses

Brown v. State

126 So. 3d 211, 38 Fla. L. Weekly Supp. 653, 2013 WL 5270444, 2013 Fla. LEXIS 2016

Supreme Court of Florida | Filed: Sep 19, 2013 | Docket: 60236342

Cited 2 times | Published

involving the use of violence to the person, § 921.141(5)(b), Fla. Stat. (2011); (2) Brown was previously

Daniel Burns v. Secretary, Florida Department of Corrections

720 F.3d 1296, 2013 WL 3369145, 2013 U.S. App. LEXIS 13735

Court of Appeals for the Eleventh Circuit | Filed: Jul 8, 2013 | Docket: 912773

Cited 2 times | Published

. In relevant part, Florida Statutes section 921.141 states. Aggravating circumstances shall

Ellerbee v. State

87 So. 3d 730, 37 Fla. L. Weekly Supp. 142, 2012 Fla. LEXIS 455, 2012 WL 652793

Supreme Court of Florida | Filed: Mar 1, 2012 | Docket: 60308039

Cited 2 times | Published

the defendant was on felony probation (under section 921.141(5)(a), Florida Statutes (2006)); (2) that the

Marshall v. Secretary, Florida Department of Corrections

610 F.3d 576, 2010 U.S. App. LEXIS 13206, 2010 WL 2557751

Court of Appeals for the Eleventh Circuit | Filed: Jun 28, 2010 | Docket: 1546390

Cited 2 times | Published

circumstances exist as enumerated in [Fla. Stat.] section 921.141(5), and there are insufficient mitigating circumstances

Henry v. Secretary, Department of Corrections

490 F.3d 835, 2007 U.S. App. LEXIS 15227, 2007 WL 1827095

Court of Appeals for the Eleventh Circuit | Filed: Jun 27, 2007 | Docket: 1223547

Cited 2 times | Published

under Fla. Stat. § 921.141(6)(b); (2) inability to conform conduct to the law under § 921.141(6)(f); and (3)

Jennings v. Crosby

392 F. Supp. 2d 1312, 2005 U.S. Dist. LEXIS 29734, 2005 WL 2406040

District Court, N.D. Florida | Filed: Sep 29, 2005 | Docket: 2363562

Cited 2 times | Published

penalty is imposed following set procedures); § 921.141, Fla. Stat. (providing the procedures by which

Thibault v. State

850 So. 2d 485, 2003 WL 21467519

Supreme Court of Florida | Filed: Jun 26, 2003 | Docket: 1783481

Cited 2 times | Published

of life imprisonment for the armed robbery. Section 921.141(1), Florida Statutes (2002), governs the procedure

Mills v. Singletary

161 F.3d 1273

Court of Appeals for the Eleventh Circuit | Filed: Dec 1, 1998 | Docket: 395068

Cited 2 times | Published

mitigating factors pursuant to Florida Statute § 921.141, and sentenced Mills to death.3 1

Davis v. State

648 So. 2d 107, 1994 WL 620790

Supreme Court of Florida | Filed: Nov 10, 1994 | Docket: 1343043

Cited 2 times | Published

was especially heinous, atrocious, or cruel. § 921.141(5)(d), (h), Fla. Stat. (1985). The judge found

Frank Elijah Smith, Cross-Appellant v. Harry K. Singletary, Cross-Appellee

970 F.2d 766, 1992 U.S. App. LEXIS 19136, 1992 WL 197359

Court of Appeals for the Eleventh Circuit | Filed: Aug 18, 1992 | Docket: 1411968

Cited 2 times | Published

the Florida death penalty statute. Fla.Stat. § 921.141. The district court ruled that this Hitchcock

State v. Ferguson

556 So. 2d 462, 1990 WL 7542

District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 1528352

Cited 2 times | Published

nature, consistent with the requirements of section 921.141, Florida Statutes (1987), during the penalty

Eutzy v. Dugger

746 F. Supp. 1492, 1989 U.S. Dist. LEXIS 17118, 1989 WL 224998

District Court, N.D. Florida | Filed: Oct 24, 1989 | Docket: 1351463

Cited 2 times | Published

enumerated in Florida's death penalty statute. Section 921.141(5)(i) of that statute allows a sentencing court

Coleman v. State

483 So. 2d 539, 11 Fla. L. Weekly 498

District Court of Appeal of Florida | Filed: Feb 21, 1986 | Docket: 455869

Cited 2 times | Published

advisory opinion of the jury, pursuant to section 921.141, Florida Statutes (1985), it was their recommendation

Messer v. State

403 So. 2d 341

Supreme Court of Florida | Filed: Jun 4, 1981 | Docket: 1251026

Cited 2 times | Published

legislative intent which can be gleaned from Section 921.141, Florida Statutes. It is clear that the Legislature

Lowe v. Stack

326 So. 2d 1

Supreme Court of Florida | Filed: Jul 30, 1975 | Docket: 1729181

Cited 2 times | Published

Chapter 70-339, Laws of Florida, better known as Section 921.141, Florida Statutes (1971). This section is the

Edward J. Zakrzewski, II v. State of Florida

254 So. 3d 324

Supreme Court of Florida | Filed: Sep 20, 2018 | Docket: 7943261

Cited 1 times | Published

current capital sentencing scheme. See § 921.141, Fla. Stat. (2018). 1 Hitchcock

Leon Akins v. State of Florida

247 So. 3d 687

District Court of Appeal of Florida | Filed: May 25, 2018 | Docket: 6917050

Cited 1 times | Published

there were mental health mitigators under section 921.141, Florida Statutes. In his postconviction claim

Troy Victorino v. State of Florida

241 So. 3d 48

Supreme Court of Florida | Filed: Mar 8, 2018 | Docket: 6327895

Cited 1 times | Published

imposing a sentence of death, see § 921.141(2), Fla. Stat. (2017), neither alters the definition

Edward Allen Covington v. State of Florida

228 So. 3d 49, 2017 WL 3764377

Supreme Court of Florida | Filed: Aug 31, 2017 | Docket: 6146155

Cited 1 times | Published

both mental health statutory mitigators. See § 921.141(6)(b), Fla. Stat. (2014) (“The capital felony

Kevin G. Jeffries, Jr. v. State of Florida

222 So. 3d 538, 42 Fla. L. Weekly Supp. 732, 2017 WL 2982120, 2017 Fla. LEXIS 1499

Supreme Court of Florida | Filed: Jul 13, 2017 | Docket: 6089476

Cited 1 times | Published

2d 538, 545-46 (Fla. 2005) (explaining that section 921.141, Florida Statutes, requires a finding of at

McInerney v. State

213 So. 3d 933, 2017 WL 1013195, 2017 Fla. App. LEXIS 3438

District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 60263951

Cited 1 times | Published

sentencing statute speaks directly to the issue. See § 921.141(1), Fla. Stat. (2015). It specifically provides

Louis B. Gaskin v. State of Florida

218 So. 3d 399, 2017 WL 224772, 2017 Fla. LEXIS 125

Supreme Court of Florida | Filed: Jan 19, 2017 | Docket: 4570209

Cited 1 times | Published

on appeal reveals that Gaskin argued that “section 921.141 ... was unconstitutional on its face” for the

James Robertson v. State of Florida

187 So. 3d 1207, 41 Fla. L. Weekly Supp. 108, 2016 Fla. LEXIS 551, 2016 WL 1053094

Supreme Court of Florida | Filed: Mar 17, 2016 | Docket: 3045367

Cited 1 times | Published

proceeding are the circumstances set forth in section 921.141(5), Florida Statutes. See, e.g., Oyola

Joseph Peter Clarke v. United States

184 So. 3d 1107, 41 Fla. L. Weekly Supp. 41, 2016 Fla. LEXIS 277, 2016 WL 533898

Supreme Court of Florida | Filed: Feb 11, 2016 | Docket: 3035598

Cited 1 times | Published

constituted a “conviction” for purposes of section 921.141-(5)(b), Florida Statutes (1975), governing

Joseph Peter Clarke v. United States

184 So. 3d 1107, 41 Fla. L. Weekly Supp. 41, 2016 Fla. LEXIS 277, 2016 WL 533898

Supreme Court of Florida | Filed: Feb 11, 2016 | Docket: 3035598

Cited 1 times | Published

constituted a “conviction” for purposes of section 921.141-(5)(b), Florida Statutes (1975), governing

Joseph Edward Jordan v. State of Florida

176 So. 3d 920, 40 Fla. L. Weekly Supp. 612, 2015 Fla. LEXIS 2231, 2015 WL 5853918

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866124

Cited 1 times | Published

aggravator and violated his due process rights and section 921.141(7), Florida Statutes. We disagree. “A

& SC13-2330 Michael A. Hernandez, Jr. v. State of Florida and Michael A. Hernandez, Jr. v. Julie L. Jones, etc.

180 So. 3d 978, 2015 WL 5445655

Supreme Court of Florida | Filed: Sep 17, 2015 | Docket: 2816844

Cited 1 times | Published

fendant was convicted of prior violent felonies (§ 921.141(5)(b), Fla. Stat. (2007)); (2) the murder was

Pinkney Carter v. State of Florida

175 So. 3d 761, 40 Fla. L. Weekly Supp. 404, 2015 Fla. LEXIS 1434, 2015 WL 3999182

Supreme Court of Florida | Filed: Jul 2, 2015 | Docket: 2670746

Cited 1 times | Published

convictions for the contemporaneous murders (§ 921.141(5)(b), Fla. Stat. (2005)); (2) that the murders

& SC13-706 Lamar Z. Brooks v. State of Florida and Lamar Z. Brooks v. Julie L. Jones, etc.

175 So. 3d 204

Supreme Court of Florida | Filed: May 7, 2015 | Docket: 2655276

Cited 1 times | Published

standard advisory sentence jury instruction and section 921.141(2), Florida Statutes (2002), which provides:

Humberto Delgado, Jr. v. State of Florida

162 So. 3d 971, 40 Fla. L. Weekly Supp. 214, 2015 Fla. LEXIS 871, 2015 WL 1825753

Supreme Court of Florida | Filed: Apr 23, 2015 | Docket: 2651925

Cited 1 times | Published

Spencer v. State, 615 So.2d 688 (Fla.1993). . § 921.141(5)(b), Fla. Stat. (2009) ("The defendant was previously

Johnny Shane Kormondy v. State of Florida

154 So. 3d 341, 40 Fla. L. Weekly Supp. 5, 2015 Fla. LEXIS 1, 2015 WL 48045

Supreme Court of Florida | Filed: Jan 5, 2015 | Docket: 2620949

Cited 1 times | Published

motion was properly denied. 11 . Section 921.141(1), Florida Statutes (2014), provides, in pertinent

Joseph P. Smith v. State of Florida

151 So. 3d 1177, 39 Fla. L. Weekly Supp. 561, 2014 Fla. LEXIS 2754, 2014 WL 4458689

Supreme Court of Florida | Filed: Sep 11, 2014 | Docket: 1212084

Cited 1 times | Published

felony while he was on probation, see § 921.141 (5)(a), Fla. Stat. (2003) (moderate weight); (2)

Joseph P. Smith v. State of Florida

151 So. 3d 1177, 39 Fla. L. Weekly Supp. 561, 2014 Fla. LEXIS 2754, 2014 WL 4458689

Supreme Court of Florida | Filed: Sep 11, 2014 | Docket: 1212084

Cited 1 times | Published

felony while he was on probation, see § 921.141 (5)(a), Fla. Stat. (2003) (moderate weight); (2)

Gregory David Larkin v. State of Florida

147 So. 3d 452, 2014 Fla. LEXIS 1671, 2014 WL 2118192

Supreme Court of Florida | Filed: May 22, 2014 | Docket: 57475

Cited 1 times | Published

any of the statutory mitigators. See § 921.141, Fla. Stat. (2009). Accordingly, the trial judge

Timothy Lee Hurst v. State of Florida

147 So. 3d 435, 39 Fla. L. Weekly Supp. 293, 2014 Fla. LEXIS 1461, 2014 WL 1698370

Supreme Court of Florida | Filed: May 1, 2014 | Docket: 796062

Cited 1 times | Published

was especially heinous, atrocious or cruel, see § 921.141(5)(h), Fla. Stat. (2012), which was assigned great

Paul A. Howell v. Secretary, Florida Department of COrrections

730 F.3d 1257, 86 Fed. R. Serv. 3d 641, 2013 WL 4873933, 2013 U.S. App. LEXIS 19026

Court of Appeals for the Eleventh Circuit | Filed: Sep 13, 2013 | Docket: 916714

Cited 1 times | Published

sentencing procedure, codified at Fla. Stat. § 921.141 (1993), is unconstitutional under Apprendi v.

Omar Blanco v. Secretary, Florida Department of Corrections

688 F.3d 1211, 2012 WL 3081313, 2012 U.S. App. LEXIS 15806

Court of Appeals for the Eleventh Circuit | Filed: Jul 31, 2012 | Docket: 404351

Cited 1 times | Published

previously committed a violent felony, Fla. Stat. § 921.141(5)(b) (1983); the capital felony was committed

D'ARCANGELO v. State

82 So. 3d 1174, 2012 Fla. App. LEXIS 4331, 2012 WL 879283

District Court of Appeal of Florida | Filed: Mar 16, 2012 | Docket: 2415484

Cited 1 times | Published

sentencing proceeding before the trial jury. § 921.141, Fla. Stat. (1981). At the penalty-phase trial

Torres v. State

54 So. 3d 535, 2011 Fla. App. LEXIS 215, 2011 WL 148322

District Court of Appeal of Florida | Filed: Jan 19, 2011 | Docket: 60298312

Cited 1 times | Published

The only exception to this can be found in section 921.141(7), Florida Statutes (2010), which involves

Branch v. McDonough

779 F. Supp. 2d 1309, 2010 U.S. Dist. LEXIS 142798, 2010 WL 6551162

District Court, N.D. Florida | Filed: Mar 30, 2010 | Docket: 1995237

Cited 1 times | Published

effecting an escape from custody." Fla. Stat. § 921.141(5)(e). The United States Supreme Court and the

Puiatti v. SECRETARY, DEPT. OF CORRECTIONS

651 F. Supp. 2d 1286, 2009 U.S. Dist. LEXIS 75199, 2009 WL 2515595

District Court, M.D. Florida | Filed: Aug 14, 2009 | Docket: 2272942

Cited 1 times | Published

the murder was committed to avoid arrest [section 921.141(5)(e), Florida Statutes (1983)]; (2) the murder

Kilgore v. State

933 So. 2d 1192, 2006 WL 1689289

District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 1712277

Cited 1 times | Published

a prior "murder" conviction is arbitrary. Section 921.141(5), Florida Statutes (2005), which identifies

Reaves v. Crosby

837 So. 2d 396, 2003 WL 60978

Supreme Court of Florida | Filed: Jan 9, 2003 | Docket: 537884

Cited 1 times | Published

especially heinous, atrocious, or cruel (HAC). § 921.141(5)(b), (e), (h), Fla. Stat. (1985). On direct

State v. Matute-Chirinos

732 So. 2d 349, 1998 Fla. App. LEXIS 14662, 1998 WL 821883

District Court of Appeal of Florida | Filed: Nov 18, 1998 | Docket: 64788136

Cited 1 times | Published

instructions on the aggravating circumstance of section 921.141(h), Florida Statutes (1997), that the capital

Standard Jury Instructions in Criminal Cases (95-2)

665 So. 2d 212, 20 Fla. L. Weekly Supp. 589, 1995 Fla. LEXIS 1960, 1995 WL 716642

Supreme Court of Florida | Filed: Dec 7, 1995 | Docket: 64761024

Cited 1 times | Published

APPENDIX (1) PENALTY PROCEEDINGS — CAPITAL CASES F.S. 921.141 [The amendment changes only paragraph 9 of the

Bobby Earl Lusk v. Harry K. Singletary, Secretary, Florida Department of Corrections

965 F.2d 946, 1992 U.S. App. LEXIS 14225, 1992 WL 141360

Court of Appeals for the Eleventh Circuit | Filed: Jun 22, 1992 | Docket: 496498

Cited 1 times | Published

atrocious, or cruel. See Fla.Stat.Ann. § 921.141(5). In his closing argument, Lusk’s attorney pleaded

McCrae v. State

582 So. 2d 613, 1991 WL 88744

Supreme Court of Florida | Filed: May 30, 1991 | Docket: 1363884

Cited 1 times | Published

was especially heinous, atrocious, or cruel. § 921.141(5)(b), (d), (h), Fla. Stat. (1989). The court

Daugherty v. Dugger

839 F.2d 1426, 1988 WL 13575

Court of Appeals for the Eleventh Circuit | Filed: Feb 12, 1988 | Docket: 66233006

Cited 1 times | Published

threat of violence to the person.” Fla.Stat. § 921.141(5)(b) and (f). The trial court listed the previous

Songer v. Wainwright

769 F.2d 1488

Court of Appeals for the Eleventh Circuit | Filed: Aug 16, 1985 | Docket: 66209608

Cited 1 times | Published

then listed the items contained in Fla.Stat.Ann. § 921.141 (1975). The verdict forms given to the jury to

Herzog v. State

439 So. 2d 1372, 1983 Fla. LEXIS 3215

Supreme Court of Florida | Filed: Sep 22, 1983 | Docket: 64600479

Cited 1 times | Published

the commission of the crime,” thus negating section 921.141(6)(e), Florida Statutes (1981) (that the defendant

Shriner v. Wainwright

570 F. Supp. 766, 1982 U.S. Dist. LEXIS 10203

District Court, N.D. Florida | Filed: Apr 20, 1982 | Docket: 914100

Cited 1 times | Published

considered only the mitigating factors set forth in § 921.141(6), Florida Statutes; and (3) that the Florida

State v. Lee

286 So. 2d 596

District Court of Appeal of Florida | Filed: Nov 27, 1973 | Docket: 1408182

Cited 1 times | Published

to the newly enacted death penalty statute, Section 921.141, Florida Statutes, F.S.A., which has recently

Timothy W. Fletcher v. State of Florida

Supreme Court of Florida | Filed: Jul 31, 2025 | Docket: 70826018

Published

especially heinous, atrocious, or cruel (HAC). See § 921.141(6)(a), (d), (f), (h), Fla. Stat. (2022). In support

Timothy W. Fletcher v. State of Florida

Supreme Court of Florida | Filed: Jul 31, 2025 | Docket: 70826018

Published

31, line 1, “section 921.141(7), Florida Statutes (1993)” was changed to “section 921.141([8]), Florida

Edward J. Zakrzewski, II v. State of Florida

Supreme Court of Florida | Filed: Jul 22, 2025 | Docket: 70881048

Published

584, 608 n.6 (2002). However, at the time, section 921.141, Florida Statutes (1996), provided in relevant

Timothy W. Fletcher v. State of Florida

Supreme Court of Florida | Filed: Jul 17, 2025 | Docket: 70826018

Published

especially heinous, atrocious, or cruel (HAC). See § 921.141(6)(a), (d), (f), (h), Fla. Stat. (2022). In support

Michael W. Jones v. State of Florida

Supreme Court of Florida | Filed: Jul 10, 2025 | Docket: 70749420

Published

standard instruction tracks the statutory text. See § 921.141(6)(e), Fla. Stat. (2022) (listing as an aggravating

Scottie D. Allen v. State of Florida & Scottie D. Allen v. Secretary, Dept. of Corrections

Supreme Court of Florida | Filed: Jul 3, 2025 | Docket: 70700497

Published

requirements of law was substantially impaired,” see § 921.141(7)(b), (f), Fla. Stat. (2018)—and 70 “non-statutory

Mark H. Wilson v. State of Florida

Supreme Court of Florida | Filed: May 22, 2025 | Docket: 70340551

Published

under - 12 - section 921.141(7)(h), Florida Statutes (2022), the trial court

Mark H. Wilson v. State of Florida

Supreme Court of Florida | Filed: May 22, 2025 | Docket: 70340551

Published

under - 12 - section 921.141(7)(h), Florida Statutes (2022), the trial court

Brandon J. Bartels v. State of Florida

District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70186680

Published

1425(7), Fla. Stat. (2023). In contrast, section 921.141’s 1977 version, which was at issue in Buford

Jeffrey G. Hutchinson v. State of Florida & Jeffrey G. Hutchinson v. Secretary, Department of Corrections

Supreme Court of Florida | Filed: Apr 25, 2025 | Docket: 69942878

Published

current form, these aggravators are listed in section 921.141(6), Florida Statutes (2024).

Jeffrey G. Hutchinson v. State of Florida & Jeffrey G. Hutchinson v. Secretary, Department of Corrections

Supreme Court of Florida | Filed: Apr 25, 2025 | Docket: 69942878

Published

current form, these aggravators are listed in section 921.141(6), Florida Statutes (2024).

James D. Ford v. State of Florida

Supreme Court of Florida | Filed: Feb 7, 2025 | Docket: 69621616

Published

[sic] in violation of Florida Statutes, section 921.141. He unequivocally asserts that based on

Matthew Lee Caylor v. State of Florida

Supreme Court of Florida | Filed: Jan 30, 2025 | Docket: 69592127

Published

nor weighing determination [called for by section 921.141, Florida Statutes] is subject to the reasonable-

Wayne C. Doty v. State of Florida

Supreme Court of Florida | Filed: Jan 16, 2025 | Docket: 69550594

Published

the mental-health statutory mitigators. See § 921.141(7)(b), (f), Fla. Stat. (2017). And Doty attached

Leo L. Boatman v. State of Florida

Supreme Court of Florida | Filed: Oct 17, 2024 | Docket: 69270921

Published

requirements of law was substantially impaired.” § 921.141(7)(b), (f), Fla. Stat. (2019) (respectively)

Tyrone T. Johnson v. State of Florida

Supreme Court of Florida | Filed: Sep 19, 2024 | Docket: 68934023

Published

mitigators: the “impaired capacity” mitigator, § 921.141(7)(f), Fla. Stat. (2022), to which it assigned

John Sexton v. State of Florida

Supreme Court of Florida | Filed: Sep 12, 2024 | Docket: 69155441

Published

vulnerable due to her advanced age or disability (§ 921.141(6)(m), Fla. Stat. (2022)); the capital felony

Jesse Guardado v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Aug 12, 2024 | Docket: 69034510

Published

when he committed the murder, FLA. STAT. § 921.141(5)(a) (2005); (2) he had been convicted of another

STATE OF FLORIDA v. LYONS

District Court of Appeal of Florida | Filed: Aug 9, 2024 | Docket: 69029778

Published

Lyons' motion to preclude application of section 921.141(2), Florida Statutes (2023), in this case.

Tyrone T. Johnson v. State of Florida

Supreme Court of Florida | Filed: Jul 11, 2024 | Docket: 68934023

Published

mitigators: the “impaired capacity” mitigator, § 921.141(7)(f), Fla. Stat. (2022), to which it assigned

James Herard v. State of Florida

Supreme Court of Florida | Filed: Jul 3, 2024 | Docket: 68913245

Published

premeditated; and committed by a criminal gang member. § 921.141(5)(b), (i), (n), Fla. Stat. (2014). Herard presented

STATE OF FLORIDA v. ANGEL ALEJANDRO LOBATO

District Court of Appeal of Florida | Filed: May 31, 2024 | Docket: 68814395

Published

statutory death penalty sentencing procedures of section 921.141 of the Florida Statutes during any penalty

Everett G. Miller v. State of Florida

Supreme Court of Florida | Filed: Feb 29, 2024 | Docket: 68295180

Published

requirements of law was substantially impaired. See § 921.141(7)(b), (f), Fla. Stat. Dr. Gold further opined

Leonard P. Gonzalez, Jr. v. State of Florida

Supreme Court of Florida | Filed: Dec 14, 2023 | Docket: 68088043

Published

Ch. 2023-23, § 1, Laws of Fla. (codified at § 921.141(2)-(3), Fla. Stat. (2023)). Following this

In Re: Amendments to Florida Rules of Criminal Procedure - 2023 Legislation

Supreme Court of Florida | Filed: Nov 22, 2023 | Docket: 68029139

Published

sentencing proceedings” rather than citing section 921.141. Accordingly, the Florida Rules of Criminal

Markeith D. Loyd v. State of Florida

Supreme Court of Florida | Filed: Nov 16, 2023 | Docket: 68012028

Published

because in Loyd’s view it does not comport with section 921.141(2)(b), Florida Statutes (2021). To recommend

Thomas Bevel v. State of Florida

Supreme Court of Florida | Filed: Oct 26, 2023 | Docket: 67916773

Published

against imposition of the death penalty under section 921.141(7)(h), Florida Statutes (2021), the trial court

STATE OF FLORIDA vs TROY VICTORINO AND JERONE HUNTER

District Court of Appeal of Florida | Filed: Sep 22, 2023 | Docket: 68034201

Published

Governor signed into law an amended version of section 921.141, Florida Statutes. The amended statute went

Michael Duane Zack, III v. State of Florida

Supreme Court of Florida | Filed: Sep 21, 2023 | Docket: 67815057

Published

ch. 2023-23, § 1, Laws of Fla. (amending section 921.141(2)(c) and 921.141(3)(a)2., Florida Statutes

Roderick Michael Orme v. State of Florida

Supreme Court of Florida | Filed: May 18, 2023 | Docket: 67404464

Published

a penalty-phase jury, argues that because section 921.141, Florida Statutes (2022), does not allow a

William E. Wells, III v. State of Florida

Supreme Court of Florida | Filed: Apr 13, 2023 | Docket: 67182364

Published

specified in Florida’s death-penalty statute, see § 921.141(7), Fla. Stat. (2021) (listing seven specific

Louis B. Gaskin v. State of Florida & Louis B. Gaskin v. Ricky D. Dixon, etc.

Supreme Court of Florida | Filed: Apr 6, 2023 | Docket: 67146579

Published

to relief pursuant to Hurst v. Florida and section 921.141, Florida Statutes. He maintains that he was

Louis B. Gaskin v. State of Florida & Louis B. Gaskin v. Ricky D. Dixon, etc.

Supreme Court of Florida | Filed: Apr 6, 2023 | Docket: 67146579

Published

to relief pursuant to Hurst v. Florida and section 921.141, Florida Statutes. He maintains that he was

Donald David Dillbeck v. State of Florida & Donald David Dillbeck v. Ricky D. Dixon, etc.

Supreme Court of Florida | Filed: Feb 16, 2023 | Docket: 66818416

Published

atrocious, or cruel.” Id. at 1028 n.1 (citing § 921.141, Fla. Stat. (1989)). As to mitigation, “[t]he

Brandy Bain Jennings v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Dec 13, 2022 | Docket: 66633747

Published

recommendation of the jury. See Fla. Stat. § 921.141(2) (1996); Tedder v. State, 322 So. 2d 908, 910

RICHARD BENNETT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 30, 2022 | Docket: 66575253

Published

reports were properly admitted pursuant to section 921.141(1), Florida Statutes (1999), which permitted

Mark D. Sievers v. State of Florida

Supreme Court of Florida | Filed: Nov 17, 2022 | Docket: 65761625

Published

community’s members by the victim’s death.” § 921.141(8), Fla. Stat. (2019). Our Court regularly upholds

John F. Mosley v. State of Florida

Supreme Court of Florida | Filed: Sep 15, 2022 | Docket: 65350024

Published

before the trial jury as soon as practicable.” § 921.141(1), Fla. Stat. (2004); see also Engle v. State

Edward Allen Covington v. State of Florida & Edward Allen Covington v. Ricky D. Dixon, etc.

Supreme Court of Florida | Filed: Aug 25, 2022 | Docket: 64921103

Published

mitigators. Covington, 228 So. 3d at 58; see § 921.141(6)(b), Fla. Stat. (2014) (“The capital felony

Granville Ritchie v. State of Florida

Supreme Court of Florida | Filed: Jun 9, 2022 | Docket: 63372547

Published

statutory mitigator of substantial impairment, see § 921.141(7)(f), Fla. Stat. (2021), allowed the prosecutor

Norman Blake McKenzie v. State of Florida

Supreme Court of Florida | Filed: Feb 10, 2022 | Docket: 62989166

Published

or threat of violence to the person, see § 921.141(5)(b), Fla. Stat. (2006) (eight prior convictions

Jesse Bell v. State of Florida

Supreme Court of Florida | Filed: Feb 3, 2022 | Docket: 62649857

Published

analyzed each statutory mitigator outlined in section 921.141(7), Florida Statutes (2019), and ultimately

Alvin Davis v. State of Florida

Supreme Court of Florida | Filed: Dec 2, 2021 | Docket: 61588932

Published

before a sentence of death may be imposed. See § 921.141(2)(b)2., Fla. Stat. (2020) (“If the jury . .

Johnathan I. Alcegaire v. State of Florida

Supreme Court of Florida | Filed: Sep 9, 2021 | Docket: 60372401

Published

members by the victim’s death’ permitted by section 921.141(7), and the admission of such evidence is

Donald H. Davidson Jr. v. State of Florida

Supreme Court of Florida | Filed: Jul 8, 2021 | Docket: 60044165

Published

detailed factual basis by the 3. See § 921.141(6)(b), Fla. Stat. (2019).

Scottie D. Allen v. State of Florida

Supreme Court of Florida | Filed: Jun 3, 2021 | Docket: 59957925

Published

precisely what the penalty-phase jury provides. See § 921.141(2), Fla. Stat. (2018). Regarding the guilt-phase

Randall T. Deviney v. State of Florida

Supreme Court of Florida | Filed: May 6, 2021 | Docket: 59885766

Published

vulnerable due to advanced age or disability.” § 921.141(2)(a), (6)(m), Fla. Stat. (2017). “[T]he finding

Donald James Smith v. State of Florida

Supreme Court of Florida | Filed: Apr 22, 2021 | Docket: 59844635

Published

was a person less than twelve years of age. See § 921.141(b), (d)-(e), (h)-(i), and (l), Fla. Stat. (2017)

Wayne C. Doty v. State of Florida

Supreme Court of Florida | Filed: Apr 15, 2021 | Docket: 59823796

Published

to describe the requirements set forth in section 921.141(2)(b)2., Florida Statutes (2018). However

Michael Lawrence Woodbury v. State of Florida

Supreme Court of Florida | Filed: Apr 15, 2021 | Docket: 59823797

Published

or Emotional Disturbance Mitigation Section 921.141(7), Florida Statutes (2017) lists the statutory

William Greg Thomas v. Attorney General, State of Florida

Court of Appeals for the Eleventh Circuit | Filed: Mar 31, 2021 | Docket: 59780577

Published

Stat. § 921.141(5)(b); (2) the murder was committed in the course of a burglary, id. § 921.141(5)(d);

Robert Craft v. State of Florida

Supreme Court of Florida | Filed: Feb 25, 2021 | Docket: 59682244

Published

the right to a penalty-phase jury. See also § 921.141(3)(b), Fla. Stat. (2019) (subjecting only the

James Terry Colley, Jr. v. State of Florida

Supreme Court of Florida | Filed: Nov 25, 2020 | Docket: 18690041

Published

pretense of moral or legal justification (CCP). § 921.141(6)(i), Fla. Stat. (2019). 8 We have held that

State of Florida v. Bessman Okafor

Supreme Court of Florida | Filed: Nov 25, 2020 | Docket: 18690040

Published

constitutional baseline established in Poole. See § 921.141, Fla. Stat. (2019). The State’s petition is not

Robert Craft v. State of Florida

Supreme Court of Florida | Filed: Nov 19, 2020 | Docket: 18647261

Published

the right to a penalty-phase jury. See also § 921.141(3)(b), Fla. Stat. (2019) (subjecting only the

Jonathan Huey Lawrence v. State of Florida

Supreme Court of Florida | Filed: Oct 29, 2020 | Docket: 18584683

Published

from Florida’s capital punishment statute—section 921.141, Florida Statutes,” Yacob, 136 So. 3d at 546

Daniel Jacob Craven, Jr. v. State of Florida

Supreme Court of Florida | Filed: Oct 22, 2020 | Docket: 18562073

Published

against the imposition of the death penalty, see § 921.141(7)(h), Fla. Stat. (2017), the trial court found

Benjamin Davis Smiley, Jr. v. State of Florida

Supreme Court of Florida | Filed: May 14, 2020 | Docket: 17163245

Published

sentencing orders comply with the dictates of section 921.141(4), Florida Statutes (2019),7 and contain

Ronald Knight v. Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: May 1, 2020 | Docket: 17121547

Published

factors applied to Knight. See Fla. Stat. Ann. § 921.141(6) (1996). Lafehr-Hession agreed that Knight

Robin Lee Archer v. State of Florida

Supreme Court of Florida | Filed: Apr 23, 2020 | Docket: 17093290

Published

contentions that Hurst v. State recognized (1) that section 921.141, Florida Statutes, as it existed at the time

Raymond Bright v. State of Florida

Supreme Court of Florida | Filed: Apr 2, 2020 | Docket: 17036578

Published

the use or threat of violence to the person, § 921.141(6)(b), Fla. Stat. (2017) (the 1990 conviction

Wayne C. Doty v. State of Florida

Supreme Court of Florida | Filed: Feb 13, 2020 | Docket: 16845387

Published

require the determinations referred to in section 921.141(2)(b)2., Florida Statutes (2018), to be proved

Wayne C. Doty v. State of Florida

Supreme Court of Florida | Filed: Feb 13, 2020 | Docket: 16840491

Published

require the determinations referred to in section 921.141(2)(b)2., Florida Statutes (2018), to be proved

State of Florida v. Mark Anthony Poole

Supreme Court of Florida | Filed: Jan 23, 2020 | Docket: 16761629

Published

trial court to consider a death sentence under section 921.141, Florida Statutes (2005). On August 25, 2005

Shawn Rogers v. State of Florida

Supreme Court of Florida | Filed: Sep 5, 2019 | Docket: 16156826

Published

State, 965 So. 2d 79, 98 (Fla. 2007)); see § 921.141(6)(i), Fla. Stat. (2017). Here, there was

In Re: Amendments to the Florida Evidence Code

Supreme Court of Florida | Filed: May 23, 2019 | Docket: 15665581

Published

introduce evidence at trial are substantive. Section 921.141(7), for example, gives the prosecution in a

Jermaine Foster v. State of Florida

260 So. 3d 174

Supreme Court of Florida | Filed: Dec 28, 2018 | Docket: 8498559

Published

because of prosecutorial misconduct; and (12) section 921.141, Florida Statutes (1993), is unconstitutional

Michael T. Rivera v. State of Florida

260 So. 3d 920

Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 8439930

Published

nonstatutory mitigating circumstances. [n.4] § 921.141(5)(b), (d), (h), (i), Fla. Stat. (1985) (previous

Michael T. Rivera v. State of Florida

260 So. 3d 920

Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 8439930

Published

nonstatutory mitigating circumstances. [n.4] § 921.141(5)(b), (d), (h), (i), Fla. Stat. (1985) (previous

Michael T. Rivera v. State of Florida

Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 14544791

Published

nonstatutory mitigating circumstances. [n.4] § 921.141(5)(b), (d), (h), (i), Fla. Stat. (1985) (previous

Kevin Don Foster v. State of Florida – Corrected Opinion

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402536

Published

sentenced to death. See Hurst, 202 So. 3d at 57; § 921.141(2), Fla. Stat. (2018); ch. 2017-1, Laws of Fla

Eriese Alphonso Tisdale v. State of Florida – Corrected Opinion

Supreme Court of Florida | Filed: Nov 29, 2018 | Docket: 8342340

Published

twelve jurors recommending death. At the time, section 921.141(3), Florida Statutes (2015), authorized a trial

Eriese Alphonso Tisdale v. State of Florida

257 So. 3d 357

Supreme Court of Florida | Filed: Nov 8, 2018 | Docket: 8152238

Published

twelve jurors recommending death. At the time, section 921.141(3), Florida Statutes (2015), authorized a trial

Dusty Ray Spencer v. State of Florida

259 So. 3d 712

Supreme Court of Florida | Filed: Nov 8, 2018 | Docket: 8152239

Published

cruel (HAC)." Spencer , 691 So.2d at 1063 (citing § 921.141(5)(b), (h), Fla. Stat. (1993) ). The mitigating

MICHAEL P. GORZYNSKI v. STATE OF FLORIDA

255 So. 3d 990

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015390

Published

exception unique to sentencing hearings. Section 921.141(1), Florida Statutes (2015), states that in

In Re: Standard Criminal Jury Instructions in Capital Cases

244 So. 3d 172

Supreme Court of Florida | Filed: May 24, 2018 | Docket: 6890134

Published

chapter 2017-1, Laws of Florida, amending section 921.141, Florida Statutes (2016), which requires a

State of Florida v. Joseph P. Smith

251 So. 3d 807

Supreme Court of Florida | Filed: Apr 5, 2018 | Docket: 6355430

Published

committed the felony while he was on probation, see § 921.141(5)(a), Fla. Stat. (2003) (moderate weight); (2)

Willie Seth Crain, Jr. v. State of Florida

246 So. 3d 206

Supreme Court of Florida | Filed: Apr 5, 2018 | Docket: 6355428

Published

first-degree felony murder conviction. See § 921.141(5)(d), Fla. Stat. (1997) (including "any: ...

Grim v. State

244 So. 3d 147

Supreme Court of Florida | Filed: Mar 29, 2018 | Docket: 64679030

Published

health problems that did not reach the level of section 921.141(6)(b), Florida Statutes (1997). Id. The nonstatutory

Norman M Grim v. State of Florida

Supreme Court of Florida | Filed: Mar 29, 2018 | Docket: 6349264

Published

health problems that did not reach the level of section 921.141(6)(b), Florida Statutes (1997). Id. The nonstatutory

Robert J. Bailey v. Julie L. Jones, etc.

225 So. 3d 776, 42 Fla. L. Weekly Supp. 719, 2017 WL 2874121, 2017 Fla. LEXIS 1454

Supreme Court of Florida | Filed: Jul 6, 2017 | Docket: 6085378

Published

time of the crime. Bailey, 998 So.2d at 551; see § 921.141(6), Fla. Stat. (2008). The trial court found that

Sonny Boy Oats, Jr. v. Julie L. Jones, etc.

220 So. 3d 1127, 42 Fla. L. Weekly Supp. 616, 2017 WL 2291288, 2017 Fla. LEXIS 1154

Supreme Court of Florida | Filed: May 25, 2017 | Docket: 6065953

Published

be held before the trial court. Pursuant to section 921.141, Florida Statutes (2016), once a defendant

Steven Anthony Cozzie v. State of Florida

225 So. 3d 717, 42 Fla. L. Weekly Supp. 579, 2017 WL 1954976, 2017 Fla. LEXIS 1063

Supreme Court of Florida | Filed: May 11, 2017 | Docket: 6060821

Published

to third parties impacted his diagnosis. See § 921.141(1), Fla. Stat. (allowing the introduction of evidence

& SC16-124 David Beasher Snelgrove v. State of Florida and David Beasher Snelgrove v. Julie L. Jones, etc.

217 So. 3d 992

Supreme Court of Florida | Filed: May 11, 2017 | Docket: 6060827

Published

regarding Snelgrove’s right to testify; (5) section 921.141, Florida Statutes (2000), violates the Eighth

Matthew Marshall v. Julie L. Jones, etc.

226 So. 3d 211, 2017 WL 1739246

Supreme Court of Florida | Filed: May 4, 2017 | Docket: 6058572

Published

aggravating circumstances exist as enumerated in section 921.141(5), and there are insufficient mitigating circumstances

In Re: Standard Criminal Jury Instructions in Capital Cases

214 So. 3d 1236, 42 Fla. L. Weekly Supp. 449, 2017 Fla. LEXIS 782

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684623

Published

specially concurring. In light of changes to section 921.141, Florida Statutes, made by the Legislature

Kenneth R. Jackson v. State of Florida

213 So. 3d 754, 42 Fla. L. Weekly Supp. 361, 2017 WL 1090546, 2017 Fla. LEXIS 648

Supreme Court of Florida | Filed: Mar 23, 2017 | Docket: 4620937

Published

mitigation, and relative weight of each. Id.; see § 921.141, Fla. Stat. (2007). The Supreme Court held that

& SC14-873 Cornelius O. Baker v. State of Florida and Cornelius O. Baker v. Julie L. Jones, etc.

214 So. 3d 530

Supreme Court of Florida | Filed: Mar 23, 2017 | Docket: 4620940

Published

under the federal and state constitutions; (3) section 921.141 is facially vague and overbroad, the trial

Sampson v. State

213 So. 3d 1090, 2017 WL 1018514, 2017 Fla. App. LEXIS 3461

District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 4617674

Published

“especially heinous, atrocious or cruel.” See § 921.141(6)(h), Fla. Stat. (2004). In finding this penalty

Sampson v. State

213 So. 3d 1090, 2017 WL 1018514, 2017 Fla. App. LEXIS 3461

District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 4617674

Published

“especially heinous, atrocious or cruel.” See § 921.141(6)(h), Fla. Stat. (2004). In finding this penalty

& SC16-2133 Patrick Albert Evans v. State of Florida & Juan Rosario v. State of Florida

213 So. 3d 856

Supreme Court of Florida | Filed: Feb 20, 2017 | Docket: 4606879

Published

decision in Hurst, we construe [this amended] section 921.141(2)(b)2. to require the penalty phase jury to

Larry Darnell Perry v. State of Florida

Supreme Court of Florida | Filed: Feb 20, 2017 | Docket: 4606878

Published

fact-finding provisions of the revised section 921.141, Florida Statutes, constitutionally in

Leo Louis Kaczmar, III v. State of Florida

228 So. 3d 1, 2017 WL 410214

Supreme Court of Florida | Filed: Jan 31, 2017 | Docket: 4577413

Published

especially heinous, atrocious, or cruel (HAC). See § 921.141(5)(b), (h) (2009). “And this Court has indicated

State v. Johan Quinones

216 So. 3d 662, 2017 WL 378587, 2017 Fla. App. LEXIS 852

District Court of Appeal of Florida | Filed: Jan 24, 2017 | Docket: 4579964

Published

[Sjubsection (2)(c) can be severed from § 921.141, Florida Statutes, leaving intact the legislative

State v. Gonzalez

207 So. 3d 385, 2017 Fla. App. LEXIS 131

District Court of Appeal of Florida | Filed: Jan 6, 2017 | Docket: 4563303

Published

quash a trial court order declaring that section 921.141, Florida Statutes (2016)—governing the procedures

Eric Lee Simmons v. State of Florida

207 So. 3d 860, 41 Fla. L. Weekly Supp. 622, 2016 Fla. LEXIS 2719

Supreme Court of Florida | Filed: Dec 22, 2016 | Docket: 4556947

Published

recommendation in the first penalty phase. Pursuant to section 921.141, Florida Statutes (2003), the trial court found

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Dec 15, 2016 | Docket: 4553213

Published

(a) Evidence. In all proceedings based on section 921.141, Florida Statutes, the state and defendant

Thomas Kelsey v. State of Florida

206 So. 3d 5, 41 Fla. L. Weekly Supp. 600, 2016 Fla. LEXIS 2644

Supreme Court of Florida | Filed: Dec 8, 2016 | Docket: 4550133

Published

of the sentencing factors now codified in section 921.141, and sentenced the juvenile offender to concurrent

State v. Gaiter

207 So. 3d 339, 2016 Fla. App. LEXIS 17478

District Court of Appeal of Florida | Filed: Nov 23, 2016 | Docket: 4544285

Published

declaring Florida’s new death penalty statute, § 921.141(1), Florida Statutes (2016), unconstitutional

Larry Darnell Perry v. State of Florida

210 So. 3d 630, 41 Fla. L. Weekly Supp. 449, 2016 Fla. LEXIS 2304

Supreme Court of Florida | Filed: Oct 14, 2016 | Docket: 4481084

Published

the aggravating circumstances.’ ” Id. (quoting § 921.141(3), Fla. Stat. (2012)). The Supreme Court was

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

200 So. 3d 758, 41 Fla. L. Weekly Supp. 381, 2016 Fla. LEXIS 2036, 2016 WL 4916758

Supreme Court of Florida | Filed: Sep 15, 2016 | Docket: 4422157

Published

(a) Evidence. In all proceedings based on section 921.141, Florida Statutes, the *761 state

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2016-02

199 So. 3d 234, 2016 WL 4480340

Supreme Court of Florida | Filed: Aug 25, 2016 | Docket: 4416254

Published

the amendment to the death penalty statute, section 921.141, by virtue of chapter 2016-13, section 13,

State v. Jones

209 So. 3d 6

District Court of Appeal of Florida | Filed: Aug 10, 2016 | Docket: 4118413

Published

defendant has been convicted of a capital crime. § 921.141(1); Coday, 946 So.2d at 1011-12 (“Our

State of Florida v. Raymond Bright

200 So. 3d 710, 41 Fla. L. Weekly Supp. 290, 2016 Fla. LEXIS 1254, 2016 WL 3348432

Supreme Court of Florida | Filed: Jun 16, 2016 | Docket: 3079194

Published

the use or threat of violence to the person, § 921.141(5)(b), Fla. Stat. (2008) (the 1990 conviction

Andrew Richard Allred v. State of Florida

186 So. 3d 530, 41 Fla. L. Weekly Supp. 5, 2016 Fla. LEXIS 67, 2016 WL 156966

Supreme Court of Florida | Filed: Jan 14, 2016 | Docket: 3028219

Published

capital- sentencing *542 statute, section 921.141, Florida Statutes, is unconstitutional on its

Dean Kilgore v. Secretary, FL DOC

Court of Appeals for the Eleventh Circuit | Filed: Nov 16, 2015 | Docket: 3013548

Published

the time he committed the murder, Fla. Stat. § 921.141(5)(a); and (2) Kilgore had been previously convicted

Joseph Edward Jordan v. State of Florida Corrected Opinion

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008262

Published

aggravator and violated his due process rights and section 921.141(7), Florida Statutes. We disagree.

Dale Glenn Middleton v. State of Florida

Supreme Court of Florida | Filed: Oct 22, 2015 | Docket: 2991650

Published

her throat in the bedroom. I. SECTION 921.141(5)(i), FLORIDA STATUTES (2009) Middleton

John Hardwick,Jr. v. Secretary, FL DOC

Court of Appeals for the Eleventh Circuit | Filed: Sep 18, 2015 | Docket: 2818431

Published

aggravating circumstances set out in Fla. Stat. § 921.141(5); that sufficient mitigating circumstances outweighing

Robert Anthony Preston, Jr. v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Apr 29, 2015 | Docket: 2900225

Published

a prior violent felony conviction, Fla. Stat. § 921.141(5)(b); the murder was committed immediately after

Robert Anthony Preston, Jr. v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Apr 29, 2015 | Docket: 2900225

Published

a prior violent felony conviction, Fla. Stat. § 921.141(5)(b); the murder was committed immediately after

Miguel Oyola v. State of Florida

158 So. 3d 504, 40 Fla. L. Weekly Supp. 93, 2015 Fla. LEXIS 280

Supreme Court of Florida | Filed: Feb 19, 2015 | Docket: 2635437

Published

2. § 921.141(5)(a), Fla. Stat. (2007). 3. § 921.141(5)(d), Fla. Stat. 4. § 921.141(5)(h)

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-03

146 So. 3d 1110, 39 Fla. L. Weekly Supp. 531, 2014 Fla. LEXIS 2582, 2014 WL 4251210

Supreme Court of Florida | Filed: Aug 28, 2014 | Docket: 1171079

Published

to include the aggravating circumstances in section 921.141(5)(e), Florida Statutes (2013), pertaining

John Troy v. Secretary, Florida Department of COrrections

763 F.3d 1305, 2014 WL 3974561, 2014 U.S. App. LEXIS 15720

Court of Appeals for the Eleventh Circuit | Filed: Aug 15, 2014 | Docket: 1011769

Published

heinous, atrocious, or cruel.” Fla. *1317Stat. § 921.141(5)(h). -The chaotic bedroom where she was found

Marbel Mendoza v. Secretary, Florida Department of Corrections

761 F.3d 1213, 2014 WL 3747685, 2014 U.S. App. LEXIS 14700

Court of Appeals for the Eleventh Circuit | Filed: Jul 31, 2014 | Docket: 400449

Published

another violent felony. See Fla. Stat. § 921.141(5)(b). Specifically, the State introduced Mendoza’s

Manuel Antonio Rodriguez v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Jun 30, 2014 | Docket: 359203

Published

See Fla. Stat. § 921.141(5)(b). 26 See Fla. Stat. § 921.141(5)(a). 27

Margaret A. Allen v. State of Florida

Supreme Court of Florida | Filed: Apr 17, 2014 | Docket: 57174

Published

engaged in the commission of a kidnapping. See § 921.141(5)(d), Fla. Stat. (2005). Allen bases this assertion

Terry Smith v. State of Florida

139 So. 3d 839, 39 Fla. L. Weekly Supp. 31, 2014 WL 172534, 2014 Fla. LEXIS 137

Supreme Court of Florida | Filed: Jan 16, 2014 | Docket: 694179

Published

previously convicted of another capital felony, § 921.141(5)(b), Fla. Stat. (2011), and that the capital

Carl Puiatti v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Oct 15, 2013 | Docket: 1403524

Published

not receiving a death sentence. See Fla. Stat. § 921.141(6)(b), (d), (g). Garrett called two expert

Ronald Palmer Heath v. Secretary, Florida Department of Corrections

717 F.3d 1202, 2013 WL 2492838, 2013 U.S. App. LEXIS 11729

Court of Appeals for the Eleventh Circuit | Filed: Jun 11, 2013 | Docket: 744313

Published

2d 660, 662 (Fla.1994). 2 . Fla. Stat. 921.141(5)(b), “The defendant was previously convicted

Ronald Palmer Heath v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Jun 11, 2013 | Docket: 2903054

Published

capital prosecution. 5 2 Fla. Stat. 921.141(5)(b), “The defendant was previously convicted

Norman Merle Grim, Jr. v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Jan 22, 2013 | Docket: 2903632

Published

(N.D. Fla. Mar. 31, 2011) (citing Fla. Stat. § 921.141). In Evans v. Sec’y, Fla. Dep’t of Corr

Paul H. Evans v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 2012 | Docket: 2903903

Published

for a death sentence in Florida. See Fla. Stat. § 921.141(5)(f) (1990). After the jury convicted

Lynch v. Secretary, Department of Corrections

897 F. Supp. 2d 1277, 2012 WL 4377812, 2012 U.S. Dist. LEXIS 136981

District Court, M.D. Florida | Filed: Sep 25, 2012 | Docket: 65985498

Published

violence to the person” for both murders. Fla. Stat. § 921.141(5)(b). Petitioner also confined Caday by gunpoint

Anthony John Ponticelli v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Aug 16, 2012 | Docket: 2904183

Published

were committed for pecuniary gain, Fla. Stat. § 921.141(5)(f), and the murders were “committed in a cold

Johnny Shane Kormondy v. Secretary, FLorida Department of Corrections

688 F.3d 1244, 2012 WL 3082491, 2012 U.S. App. LEXIS 15832

Court of Appeals for the Eleventh Circuit | Filed: Jul 31, 2012 | Docket: 404352

Published

aggravating circumstances listed in Fla. Stat. § 921.141(1), (5)(b), (d), (e), (f) and (i). 23

Wydell Evans v. Secretary, DOC

Court of Appeals for the Eleventh Circuit | Filed: May 23, 2012 | Docket: 2904681

Published

convicted of prior violent felonies, Fla. Stat. § 921.141(5)(b); and (2) the crime was committed while Evans

Evans v. Secretary, Department of Corrections

681 F.3d 1241, 2012 WL 1860802, 2012 U.S. App. LEXIS 10556

Court of Appeals for the Eleventh Circuit | Filed: May 23, 2012 | Docket: 1073106

Published

convicted of prior violent felonies, Fla. Stat. § 921.141(5)(b); and (2) the crime was committed while Evans

Wydell Evans v. Secretary, DOC

Court of Appeals for the Eleventh Circuit | Filed: May 23, 2012 | Docket: 1073142

Published

convicted of prior violent felonies, Fla. Stat. § 921.141(5)(b); and (2) the crime was committed while Evans

Richard Cooper v. Secretary, DOC

Court of Appeals for the Eleventh Circuit | Filed: Jul 21, 2011 | Docket: 581065

Published

previously convicted of another capital felony, § 921.141(5)(b), Fla. Stat. (1981); (2) the capital felony

Harold Lee Harvey, Jr. v. Warden, Union Correction

Court of Appeals for the Eleventh Circuit | Filed: Jan 6, 2011 | Docket: 2906680

Published

attempt to commit robbery and burglary, Fla. Stat. § 921.141(5)(d) (1985); (2) for the purpose of avoiding

Gregory Alan Kokal v. Secretary, DOC

Court of Appeals for the Eleventh Circuit | Filed: Oct 18, 2010 | Docket: 2906805

Published

engaged in the commission of a robbery, Fla. Stat. § 921.141(5)(d); (2) the capital felony was committed for

Gregory Alan Kokal v. Secretary, DOC

Court of Appeals for the Eleventh Circuit | Filed: Oct 18, 2010 | Docket: 2906805

Published

engaged in the commission of a robbery, Fla. Stat. § 921.141(5)(d); (2) the capital felony was committed for

Sturdivant v. State

84 So. 3d 1044, 2010 WL 3464410, 2010 Fla. App. LEXIS 13314

District Court of Appeal of Florida | Filed: Sep 7, 2010 | Docket: 60306575

Published

aggravated child abuse aggravating factor under section 921.141(5)(d) of the Florida Statutes and the first-degree

Rivas v. State

43 So. 3d 154, 2010 Fla. App. LEXIS 12732, 2010 WL 3419813

District Court of Appeal of Florida | Filed: Sep 1, 2010 | Docket: 60295421

Published

conducting a penalty phase proceeding pursuant to section 921.141, Florida Statutes (2008). For the following

Barber v. State

4 So. 3d 9, 2009 Fla. App. LEXIS 1835, 2009 WL 151026

District Court of Appeal of Florida | Filed: Jan 23, 2009 | Docket: 1666188

Published

and this distinction is clearly expressed in section 921.141(1), Florida Statutes (2002), which provides

Porter v. Attorney General

593 F.3d 1275, 2010 WL 117704

Court of Appeals for the Eleventh Circuit | Filed: Dec 18, 2008 | Docket: 399265

Published

threat of violence to the person," FLA. STAT. § 921.141(5)(b); (2) "[t]he capital felony was committed

Porter v. Attorney General

552 F.3d 1260, 2008 U.S. App. LEXIS 27122, 2008 WL 5250690

Court of Appeals for the Eleventh Circuit | Filed: Dec 18, 2008 | Docket: 65658839

Published

threat of violence to the person,” Fla. Stat. § 921.141(5)(b); (2) “[t]he capital felony was committed

State v. Steele

872 So. 2d 364, 2004 Fla. App. LEXIS 5581, 2004 WL 868253

District Court of Appeal of Florida | Filed: Apr 23, 2004 | Docket: 64830195

Published

death sentence are limited to those set out in section 921.141(5), Florida Statutes (1987), there is no reason

William Van Poyck v. Florida Department of Correct

Court of Appeals for the Eleventh Circuit | Filed: May 9, 2002 | Docket: 212823

Published

death penalty is appropriate. See Fla. Stat. Ann. § 921.141(1)-(3); Bolender v. Singletary, 16 F.3d 1547,

William Van Poyck v. Florida Department of Correct

Court of Appeals for the Eleventh Circuit | Filed: May 9, 2002 | Docket: 212823

Published

death penalty is appropriate. See Fla. Stat. Ann. § 921.141(1)-(3); Bolender v. Singletary, 16 F.3d 1547,

Galloway v. State

787 So. 2d 972, 2001 Fla. App. LEXIS 9030, 2001 WL 725698

District Court of Appeal of Florida | Filed: Jun 29, 2001 | Docket: 64806253

Published

v. State, 521 So.2d 110 (Fla.1988); see also § 921.141, Fla. Stat. (2000). WHATLEY, A.C.J., and CASANUEVA

Glock v. Moore

195 F.3d 625

Court of Appeals for the Eleventh Circuit | Filed: Nov 10, 1999 | Docket: 395598

Published

is life imprisonment or death. Fla. Stat. Ann. § 921.141(1) (West 1996). The hearing, typically conducted

Glock v. Moore

195 F.3d 625

Court of Appeals for the Eleventh Circuit | Filed: Nov 10, 1999 | Docket: 395598

Published

is life imprisonment or death. Fla. Stat. Ann. § 921.141(1) (West 1996). The hearing, typically conducted

Rahyns v. State

752 So. 2d 617, 1999 Fla. App. LEXIS 12527, 1999 WL 743611

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 64795558

Published

created a great risk of death to many persons.” § 921.141(5)(c), Fla.Stat. (1997). In Bello v. State, 547

Breedlove v. Moore

74 F. Supp. 2d 1226, 1999 U.S. Dist. LEXIS 17808, 1999 WL 1049619

District Court, S.D. Florida | Filed: Sep 8, 1999 | Docket: 2296831

Published

alternative, which is normally included the section 921.141(5)(d), "in the course of a felony" charge,

State v. A.C.

714 So. 2d 617, 1998 Fla. App. LEXIS 9082

District Court of Appeal of Florida | Filed: Jul 22, 1998 | Docket: 64781871

Published

Hootman, 709 So.2d 1357, 1359 (Fla.1998)(holding section 921.141(5)(m), Florida Statutes (Supp.1996), which

State v. Johnston

712 So. 2d 1160, 1998 Fla. App. LEXIS 6643, 1998 WL 372631

District Court of Appeal of Florida | Filed: Jun 12, 1998 | Docket: 64781588

Published

trial any victim impact evidence authorized by section 921.141(7), Florida Statutes (1995). Our supreme court

Bryan v. Singletary

Court of Appeals for the Eleventh Circuit | Filed: May 11, 1998 | Docket: 211975

Published

from extreme emotional disturbance (Fla. Stat. § 921.141(6)(b)), and that Bryan’s capacity to conform

Bryan v. Singletary

140 F.3d 1354, 1998 U.S. App. LEXIS 9450, 1998 WL 233858

Court of Appeals for the Eleventh Circuit | Filed: May 11, 1998 | Docket: 422701

Published

from extreme emotional disturbance (Fla. Stat. § 921.141(6)(b)), and that Bryan’s capacity to conform his

Standard Jury Instructions in Criminal Cases—No. 96-1

690 So. 2d 1263, 22 Fla. L. Weekly Supp. 98, 1997 Fla. LEXIS 169, 1997 WL 96302

Supreme Court of Florida | Filed: Mar 6, 1997 | Docket: 64772223

Published

APPENDIX PENALTY PROCEEDINGS — CAPITAL CASES F.S. 921.141 Note to Judge Give la at the beginning of penalty

Justice v. State

674 So. 2d 123, 21 Fla. L. Weekly Supp. 219, 1996 Fla. LEXIS 1009

Supreme Court of Florida | Filed: May 23, 1996 | Docket: 64764918

Published

561 So.2d 554 (Fla.1990), and the mandate of section 921.141(3), Florida Statutes (1995). In Pope, we refused

State v. Krueger

664 So. 2d 26, 1995 Fla. App. LEXIS 12288, 1995 WL 689588

District Court of Appeal of Florida | Filed: Nov 22, 1995 | Docket: 64760538

Published

which is used in the capital punishment law. See § 921.141(6)(f). Because that statutory mitigating factor

Robert LARKINS v. STATE

655 So. 2d 95, 20 Fla. L. Weekly Supp. 228, 1995 Fla. LEXIS 730

Supreme Court of Florida | Filed: May 11, 1995 | Docket: 64756440

Published

of mitigation, especially mitigation under section 921.141(6)(b), Florida Statutes (1993), which provides

State v. Clark

644 So. 2d 556, 1994 Fla. App. LEXIS 9810, 1994 WL 551478

District Court of Appeal of Florida | Filed: Oct 12, 1994 | Docket: 64751790

Published

sentencing proceeding to be convened under section 921.141, Florida Statutes (1993), should he be convicted

State v. Clark

644 So. 2d 556, 1994 Fla. App. LEXIS 9810, 1994 WL 551478

District Court of Appeal of Florida | Filed: Oct 12, 1994 | Docket: 64751790

Published

sentencing proceeding to be convened under section 921.141, Florida Statutes (1993), should he be convicted

Hernandez v. State

632 So. 2d 246, 1994 Fla. App. LEXIS 1261, 1994 WL 51854

District Court of Appeal of Florida | Filed: Feb 22, 1994 | Docket: 64746499

Published

if the death penalty should be imposed. See Section 921.141 (5) [f], Fla.Stat. (1991). *248That fact should

State v. Hernandez

633 So. 2d 24, 1994 Fla. App. LEXIS 91, 1994 WL 7688

District Court of Appeal of Florida | Filed: Jan 14, 1994 | Docket: 64746787

Published

*25of the state.” The trial court held that section 921.141(1), Florida Statutes (1991) applies and that

Sochor v. State

619 So. 2d 285, 18 Fla. L. Weekly Supp. 273, 1993 Fla. LEXIS 747

Supreme Court of Florida | Filed: May 6, 1993 | Docket: 64696567

Published

the use or threat of violence to the person, § 921.141(5)(b), Fla.Stat. (1989); (2) the killing was committed

Thomas v. State

618 So. 2d 155, 18 Fla. L. Weekly Supp. 151, 1993 Fla. LEXIS 332, 1993 WL 64611

Supreme Court of Florida | Filed: Mar 11, 1993 | Docket: 64696223

Published

during a robbery attempt and for pecuniary gain. § 921.141, Fla.Stat. (1989). . The judge found that Thomas

Bobby Earl Lusk v. Harry K. Singletary, Secretary, Florida Department of Corrections

976 F.2d 631

Court of Appeals for the Eleventh Circuit | Filed: Oct 28, 1992 | Docket: 839345

Published

aggravating circumstances to those specified in Section 921.141, Florida Statutes. Appendix at 593-94

Bobby Earl Lusk v. Harry K. Singletary, Secretary, Florida Department of Corrections

976 F.2d 631

Court of Appeals for the Eleventh Circuit | Filed: Oct 28, 1992 | Docket: 839345

Published

aggravating circumstances to those specified in Section 921.141, Florida Statutes. Appendix at 593-94

Maxwell v. State

603 So. 2d 490, 17 Fla. L. Weekly Supp. 396, 1992 Fla. LEXIS 1127

Supreme Court of Florida | Filed: Jun 25, 1992 | Docket: 64669264

Published

the existence of those factors described in section 921.141(6), Florida Statutes (1991). . "Nonstatutory

Williams v. State

595 So. 2d 936, 17 Fla. L. Weekly Supp. 92, 1992 Fla. LEXIS 185, 1992 WL 18560

Supreme Court of Florida | Filed: Feb 6, 1992 | Docket: 64666078

Published

remand for a new penalty phase proceeding under section 921.141. Id. at 112. We held that, although the ruling

Wright v. State

585 So. 2d 321, 1991 Fla. App. LEXIS 7065, 1991 WL 134868

District Court of Appeal of Florida | Filed: Jul 25, 1991 | Docket: 64661329

Published

sentenced to death or life imprisonment.” Section 921.141(1), Fla.Stat. (1987).

Sochor v. State

580 So. 2d 595, 16 Fla. L. Weekly Supp. 297, 1991 Fla. LEXIS 721

Supreme Court of Florida | Filed: May 2, 1991 | Docket: 64659171

Published

the use or threat of violence to the person, § 921.141(5)(b), Fla.Stat. (1989); (2) the killing was committed

Williams v. State

573 So. 2d 875, 1990 Fla. App. LEXIS 9105, 1990 WL 191881

District Court of Appeal of Florida | Filed: Dec 5, 1990 | Docket: 64656028

Published

the penalty phase of this trial pursuant to section 921.141(1), Florida Statutes (1989). The main appeal

Hall v. State

568 So. 2d 882, 15 Fla. L. Weekly Supp. 454, 1990 Fla. LEXIS 1126

Supreme Court of Florida | Filed: Sep 6, 1990 | Docket: 64653868

Published

was engaged in the commission of a kidnapping, § 921.141(5)(d), Fla.Stat. (1989); the capital felony was

Heiney v. Dugger

558 So. 2d 398, 15 Fla. L. Weekly Supp. 47, 1990 Fla. LEXIS 204

Supreme Court of Florida | Filed: Feb 1, 1990 | Docket: 64648842

Published

“statutory mitigating factors” contained in section 921.141, Florida Statutes (1975). Hitchcock, 481 U

Parker v. Dugger

876 F.2d 1470, 1989 WL 67165

Court of Appeals for the Eleventh Circuit | Filed: Jun 19, 1989 | Docket: 66245395

Published

aggravating circumstances, see Fla.Stat.Ann. § 921.141(5) (West 1985), and Parker presented evidence

Swafford v. State

533 So. 2d 270, 13 Fla. L. Weekly 595, 1988 Fla. LEXIS 1070

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64638288

Published

purpose of avoiding or preventing a lawful arrest.” § 921.141(5)(e), Fla.Stat. (1985). A motive to eliminate

Ruffin v. Dugger

848 F.2d 1512, 1988 WL 63454

Court of Appeals for the Eleventh Circuit | Filed: Jun 20, 1988 | Docket: 66235184

Published

the Florida death penalty statute, Fla.Stat. § 921.141 (1987). The court instructed the jury with respect

Darden v. State

521 So. 2d 1103, 13 Fla. L. Weekly 196, 1988 Fla. LEXIS 375, 1988 WL 23520

Supreme Court of Florida | Filed: Mar 14, 1988 | Docket: 64633308

Published

Citing a litany of decisions interpreting section 921.-141(5)(h), Darden urges that “the trial court's

State v. Perez

519 So. 2d 669, 13 Fla. L. Weekly 261, 1988 Fla. App. LEXIS 244

District Court of Appeal of Florida | Filed: Jan 22, 1988 | Docket: 64632500

Published

25 years unless a proceeding was held under section 921.141 as to whether such person shall be punished

Hargrave v. Dugger

832 F.2d 1528

Court of Appeals for the Eleventh Circuit | Filed: Nov 13, 1987 | Docket: 66230335

Published

The sole issue in a sentencing hearing under Section 921.141, Florida Statutes (1975), is to examine in

Brown v. State

501 So. 2d 1343, 12 Fla. L. Weekly 299, 1987 Fla. App. LEXIS 6379

District Court of Appeal of Florida | Filed: Jan 20, 1987 | Docket: 64624835

Published

conviction for first-degree murder, pursuant to section 921.141, Florida Statutes (1985). Brown’s final contention

Antone v. Wainwright

444 So. 2d 959, 1984 Fla. LEXIS 2553

Supreme Court of Florida | Filed: Jan 20, 1984 | Docket: 64602548

Published

(2) that the Florida death penalty statute, section 921.141, Florida Statutes, is unconstitutional because

Antone v. Strickland

706 F.2d 1534

Court of Appeals for the Eleventh Circuit | Filed: Jun 13, 1983 | Docket: 66193336

Published

recommendation of the jury in accordance with Fla.Stat. Section 921.141 (1974), sentenced to death, filed a petition

Arango v. Wainwright

563 F. Supp. 1181, 1983 U.S. Dist. LEXIS 17112

District Court, S.D. Florida | Filed: May 6, 1983 | Docket: 66160480

Published

that the trial Court instructed the jury on Section 921.141(5)(h), Florida Statutes (1982). The trial Court

In re Florida Rules of Criminal Procedure, Rule 3.710

362 So. 2d 655

Supreme Court of Florida | Filed: Sep 7, 1978 | Docket: 64566154

Published

statutory scheme for sentencing set out in Section 921.141, Florida Statutes (1975). The Court invited

Spenkelink v. State

350 So. 2d 85, 1977 Fla. LEXIS 4023

Supreme Court of Florida | Filed: Sep 16, 1977 | Docket: 64560387

Published

were determining the constitutionality of Section 921.141, Florida Statutes, I would find the statute

Smith v. State

296 So. 2d 490, 1974 Fla. LEXIS 3841

Supreme Court of Florida | Filed: Jun 12, 1974 | Docket: 64539753

Published

Degree Murder after the effective date of F.S. § 921.141, F.S.A., which reimposed the designation of “capital