ROBERT CRAFT
v.
STATE OF FLORIDA
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122018CF000667CFAXMX
ROBERT CRAFT vs. STATE OF FLORIDA Appellant(s) Appellee(s)
Appellant’s Motion for Rehearing is hereby denied. CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur. LABARGA, J., concurs with an opinion. LABARGA, J., concurring.
I agree that Craft has not established a basis for rehearing, and consequently, I have voted to deny rehearing. However, I firmly adhere to my dissent in Lawrence v. State, 308 So. 3d 544 (Fla. 2020), and my belief that proportionality review is an essential part of this Court’s review of death penalty cases on direct appeal.
A True Copy Test: CASE NO.: SC19-953 Page Two so Served: RICHARD M. BRACEY III HON. JESSICA JOAN YEARY, PUBLIC DEFENDER WILLIAM D. CHAPPELL HON. P. DEWITT CASON, CLERK HON. PAUL SPURGIN BRYAN, JUDGE HON. MARK EDWARD FEAGLE, CHIEF JUDGE
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Cited By (49 total)
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Craft v. State, 308 So. 3d 544 (Fla. 2021)…concur. LABARGA, J., concurs with an opinion. LABARGA, J., concurring. I agree that Craft has not established a basis for rehearing, and consequently, I have voted to deny rehearing. However, I firmly adhere to my dissent in Lawrence v. State, 308 So. 3d 544 (Fla. 2020), and my belief that proportionality review is an essential part of this Court’s review of death penalty cases on direct appeal. A True Copy Test: CASE NO.: SC19-953 Page Two so Served: RICHARD M. BRACEY III HON. JESSICA JOAN YEARY,…
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Cruz v. State, 320 So. 3d 695 (Fla. 2021)…improperly relied on facts not in the record in sentencing Cruz to death. A. Proportionality Cruz first argues that his death sentence is disproportionate in comparison with other death penalty cases. Given our recent decision in Lawrence v. State, 308 So. 3d 544 (Fla. 2020) (receding from the judge-made requirement to review the comparative proportionality of death sentences as contrary to the conformity clause of article I, section 17 of the Florida Constitution), we need not address this claim. We do not…
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Boatman v. State, 364 So. 3d 1005 (Fla. 2024)…,” Barwick v. State, 361 So. 3d 785, 795 (Fla.), cert. denied, 143 S. Ct. 2452 (2023), and is “forbid[den] . . . from analyzing death sentences for comparative proportionality in the absence of a statute establishing that review,” Lawrence v. State, 308 So. 3d 544, - 52 - ---PAGE 53--- 545 (Fla. 2020). As to sub-issues (1) and (2), competent, substantial evidence supports the findings of CCP and HAC, respectively. The CCP aggravator requires proof that the killing was the product of cool and calm refle…1 / 2
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- Craft v. State, 308 So. 3d 544 (Fla. 2021)