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DEATH ROW UPDATES:
FLORIDA SUPREME COURT OPINIONS:
October 2009
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SC05-2212-Tavares J. Wright vs. State of Florida
Admission of collateral-crime evidence as inextricably intertwined with the offenses on trial; Ring v. Arizona; The trial court erred in finding that the murders were committed in a cold, calculated, and premeditated manner; The trial court erred in the purpose for committing the murders.
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SC08-941-James Delano Winkles vs. State of Florida
Ineffective Counsel: Advised defendant to plead guilty and to waive a penalty-phase jury; and failed to present a mental health expert and defendant's uncle as penalty-phase witnesses.
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SC07-1798-Timothy Lee Hurst vs. State of Florida
The trial court erred in finding the avoid-arrest aggravator; Mitigating circumstances not properly weighed; Disproportionate nature of death sentence; Due process and prohibition against cruel and unusual punishment violation.
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SC07-1233-Ray Jackson vs. State of Florida
Improper impeachment by the State coupled with improper argument to the jury by the prosecutor; Irrelevant and prejudicial evidence matters; Denied request for an instruction regarding circumstantial evidence; Denied motion for judgment of acquittal on the ground that evidence failed to show that the victim died by the criminal agency of another; Denied requested jury instructions in the penalty phase; The trial court erred in finding that the murders were committed in a cold, calculated, and premeditated manner; Disproportionate nature of the death sentence.
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SC07-2008-Michael James Jackson vs. State of Florida
Denied motion for judgment of acquittal; Failed to suppress evidence and recordings of telephone calls; Admission of evidence; Violation of confrontation rights; Jury not advised of the available mitigation evidence; Constitutionality of comparative proportionality review; Disproportionate nature of the death sentences; Violations of due process, the Sixth Amendment, and Ring v. Arizona.
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