RAYMOND BRIGHT
v.
STATE OF FLORIDA
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The Court denied the appellant's motion for rehearing.
The appellant filed a motion for rehearing after a previous decision. The motion reargued issues already addressed by the court.…
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162008CF002887AXXXMA
RAYMOND BRIGHT vs. STATE OF FLORIDA
Appellant(s) Appellee(s)
Appellant’s Motion for Rehearing is hereby denied.
CANADY, C.J., and POLSTON, LAWSON, and MUÑIZ, JJ., concur. LABARGA, J., concurs with an opinion. COURIEL, J., did not participate.
LABARGA, J., concurring.
Because Bright’s motion for rehearing reargues issues already addressed and does not raise any points of law or fact that this Court has overlooked or misapprehended, I must concur with the majority to deny the motion for rehearing.
However, I remain firmly committed to my dissent in State v. Poole, 45 Fla. L.
Weekly S41 , S51-52 (Fla. Jan. 23, 2020) (Labarga, J. dissenting), clarified, 45 Fla. L. Weekly S121 (Fla. Apr. 2, 2020), and to my position that the opinion was wrongly decided. CASE NO.: SC17-2244 Page Two
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CHARMAINE M. MILLSAPS A. VICTORIA WIGGINS JASON W. RODRIGUEZ HON. RONNIE FUSSELL HON. MARK H. MAHON HON. RUSSELL L. HEALEY BERNARDO ENRIQUE DE LA RIONDA
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Citator
Cited By (11 total)
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Ford v. State, 402 So. 3d 973 (Fla. 2025)…he beyond a reasonable doubt standard of proof); Davidson v. State, 323 So. 3d 1241, 1247 (Fla. 2021); Craft v. State, 312 So. 3d 45, 57 (Fla. 2020); Santiago-Gonzalez v. State, 301 So. - 18 - ---PAGE 18--- 3d 157, 177 (Fla. 2020); Bright v. State, 299 So. 3d 985, 998 (Fla. 2020); Doty v. State, 313 So. 3d 573, 577 (Fla. 2020). Ford's second subclaim focuses on the allegation that his sentence is arbitrary and capricious, in violation of the Eighth Amendment. He argues that his sentence is arbitrary because…
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Marlin L. Joseph v. State, 336 So. 3d 218 (Fla. 2022)…objected and argued that the State commented on his right to remain silent. The State did not comment on Joseph’s right to remain silent. Rather, the State was referring to the defendant’s burden to prove mitigating circumstances. Bright v. State, 299 So. 3d 985 , 1000 (Fla. 2020) (“This Court has held that a mitigating circumstance exists where it is established by the greater weight of the evidence.”). The trial court noted that the prosecutor was - 51 - commenting on the fact that no mitigation had been…
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Markeith D. Loyd v. State, 379 So. 3d 1080 (Fla. 2023)…nd to exist.” § 921.141(2)(b)2.b. Our case law has expounded on how a mitigating circumstance is “found to exist.” We have stated that “a mitigating circumstance exists where it is established by the greater weight of the evidence.” Bright v. State, 299 So. 3d 985 , 1000 (Fla. 2020). This is not a novel principle, though; our case law has long recognized that a - 20 - mitigating circumstance is established by the greater weight of the evidence. E.g., Diaz v. State, 132 So. 3d 93, 117 (Fla. 2013) (noting that…
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