GEORGE WARREN MCCRAY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
EHRLICH, Justice.
We accepted jurisdiction of this case because the district court certified the same question certified in Rotenberry v. State, 429 So. 2d 378 (Fla. 1st DCA 1983), questioning the sufficiency of Florida Standard Jury Instruction (Criminal) 3.04(c). Today, we find the instruction adequate in Roten-berry v. State, 468 So. 2d 971 and accordingly approve the decision below. 433 So. 2d 5 (Fla. 4th DCA 1983). We find no merit to the other issues raised by petitioner. It is so ordered.
BOYD, C.J., and OVERTON, ALDERMAN and McDONALD, JJ., concur. ADKINS, J., dissents with an opinion, in which SHAW, J., concurs.
ADKINS, Justice,
dissenting.
I dissent for the same reasons expressed in my dissent in Rotenberry v. State, 468 So. 2d 971 (Fla.1985).
SHAW, J., concurs.
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Zeigler v. State, 632 So. 2d 48 (Fla. 1993)…ing. However, on [*50] appeal this Court remanded for an evidentia-ry hearing on one of the claims. Zeigler v. State, 452 So. 2d 537 (Fla.1984). After the hearing, the circuit court again rejected the claim and this Court affirmed. Zeigler v. State, 473 So. 2d 203 (Fla.1985). In May 1986, Zeigler filed his second rule 3.850 motion. The circuit court ordered an evidentia-ry hearing on one of the issues but the State appealed and this Court reversed. State v. Zeigler, 494 So. 2d 957 (Fla.1986). In April 1988, t…
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Zeigler v. State, 654 So. 2d 1162 (Fla. 1995)…n which we affirmed Zeigler’s convictions and sentences of death. Zeigler subsequently pursued postconviction relief. See Zeigler v. State, 452 So. 2d 537 (Fla.1984) (remanded for an evidentiary hearing on claim of judicial bias); Zeigler v. State, 473 So. 2d 203 (Fla.1985) (affirmed trial court’s denial of judicial bias claim); State v. Zeigler, 494 So. 2d 957 (Fla.1986) (reversed trial court’s order which had granted an evi-dentiary hearing on claim that the trial judge did not consider nonstatutory mitiga…
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State v. Zeigler, 494 So. 2d 957 (Fla. 1986)…ghts had been violated by the trial judge’s bias. We rejected the former, but remanded for an evidentiary hearing on the latter claim. Upon remand, the trial court found the allegations of bias unsupported by fact, and we affirmed. Zeigler v. State, 473 So. 2d 203 (Fla.1985). In the instant 3.850 petition, Zeigler claims that (1) the sentencing decision violated the eighth amendment as construed in Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978), Eddings v. Oklahoma, 455 U.S. 104, 102 S.C…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rotenberry v. State, 468 So. 2d 971 (Fla. 1985)
- Rotenberry v. State, 429 So. 2d 378 (Fla. 1st DCA 1983)
- McCRAY v. State, 433 So. 2d 5 (Fla. 4th DCA 1983)