BARRY ZETTLE, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (42 total)

• Hardwick v. State, 521 So. 2d 1071 (Fla. 1988)
  …ors, Hardwick argues that the trial court failed to find in mitigation that he was impaired through drug or alcohol abuse. We agree that such evidence must be considered in mitigation, Fead v. State, 512 So. 2d 176, 178 (Fla.1987); Cannady v. State, 427 So. 2d 723, 731 (Fla.1983); Buckrem v. State, 355 So. 2d 111, 113-14 (Fla.1978), especially where established by uncontroverted factual evidence in the record. Brannen v. State, 94 Fla. 656, 661-62, 114 So. 429 (1927); Merrill Stevens Dry Dock Co. v. G & J Inv…
• State v. Owen, 696 So. 2d 715 (Fla. 1997)
  …ate, 474 So. 2d 796, 799 (Fla.1985), vacated on other grounds, 476 U.S. 1102, 106 S.Ct. 1943, 90 L.Ed.2d 353 (1986); Waterhouse v. State, 429 So. 2d 301, 305 (Fla.), cert. denied, 464 U.S. 977, 104 S.Ct. 415, 78 L.Ed.2d 352 (1983); Cannady v. State, 427 So. 2d 723, 728-29 (Fla.1983). . We reject Owen's argument that because we termed his comments to be "at least equivocal” in our earlier opinion we should now construe his comments as unequivocal.…
• Walls v. State, 641 So. 2d 381 (Fla. 1994)
  …cent point in the past. Christian. This has been true even where the only evidence to this effect was uncontroverted factual testimony of the defendant himself that nevertheless was consistent with the facts surrounding the murder. Cannady v. State, 427 So. 2d 723 (Fla.1983). In the present case, we see absolutely no evidence, much less a colorable claim, establishing a pretense of moral or legal justification. As to Peterson, there is no construction of the facts that would support even a fragmentary claim…

Authorities Cited

• Lewis v. State, 419 So. 2d 337 (Fla. 1982)
• THE Florida BAR v. Montgomery, 419 So. 2d 337 (Fla. 1982)
• Toney Hatfield McDonald Koenemann v. State, 409 So. 2d 1126 (Fla. 3d DCA 1982)
• Zettle v. State, 409 So. 2d 1126 (Fla. 4th DCA 1982)