STATE OF FLORIDA, PETITIONER,

v.

PAUL WILLIAM GESEMYER, RESPONDENT

Citator

Cited By (11 total)

• Hunter v. State, 660 So. 2d 244 (Fla. 1995)
  …cold, calculated, and premeditated aggravating circumstance. A judge should instruct a jury only on those aggravating circumstances for which credible and competent evidence has been presented. Fla.Std.Jury Instr. (Crim.) p. 75; cf. Atkins v. State, 452 So. 2d 529, 532 (Fla.1984) (for actual sentencing purposes, the aggravating circumstances must be proven beyond a reasonable doubt). Our review of the record reveals some evidence that supported the cold, calculated, and premeditated aggravator. For example,…
• Boris McKINNEY v. State, 579 So. 2d 80 (Fla. 1991)
  …onsistently emphasized that in capital sentencing proceedings, aggravating circumstances must be proven beyond a reasonable doubt before they may be weighed by the judge. See, e.g., Hamilton v. State, 547 So. 2d 630, 633 (Fla.1989); Atkins v. State, 452 So. 2d 529, 532 (Fla.1984). We agree that on this record these aggravating circumstances have not been proven beyond a reasonable doubt. We note initially that the record is unclear on the exact sequence of events that led to Patella’s death. A police detecti…
• Atkins v. Dugger, 541 So. 2d 1165 (Fla. 1989)
  …of first-degree murder and sentenced to death. On direct appeal, this Court upheld the conviction, but vacated the sentence because it was based in part on an aggravating factor for which no evidence [*1166] appeared in the record. Atkins v. State, 452 So. 2d 529 (Fla.1984). Atkins was again sentenced to death, and this Court affirmed that sentence on direct appeal. Atkins v. State, 497 So. 2d 1200 (Fla.1986). This is Atkins’ first motion for postconviction relief and his first petition for habeas corpus. Th…

Authorities Cited

• State v. Hogan, 451 So. 2d 844 (Fla. 1984)
• Rusaw v. State, 451 So. 2d 469 (Fla. 1984)