MARVIN RAYMOND BALLARD, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (13 total)

• Roberts v. State, 510 So. 2d 885 (Fla. 1987)
  …d 469 (1983). In determining whether mitigating circumstances are applicable in a given case, the trial court may accept or reject the testimony of an expert witness just as he may accept or reject testimony of any other witness. See Bates v. State, 506 So. 2d 1033 (Fla.1987) (Expert testimony is not conclusive even where uncontradicted). It is apparent from the following excerpt of the trial judge's sentencing order that he considered the expert testimony presented in support of these factors but found this t…
• Kayle Barrington Bates v. State, 750 So. 2d 6 (Fla. 1999)
  …t aggravating circumstances and remanded the case to the trial court for reconsideration of appellant’s sentence for the first-degree murder conviction. On remand, the trial court again imposed a death sentence. This Court affirmed. Bates v. State, 506 So. 2d 1033 (Fla.), cert. denied, 484 U.S. 873, 108 S.Ct. 212, 98 L.Ed.2d 163 (1987). The Governor signed appellant’s first death warrant in November 1989. Appellant subsequently filed a motion to vacate his death sentence pursuant to Florida Rule of Criminal P…
• Carter v. State, 576 So. 2d 1291 (Fla. 1989)
  …ations, the trial court is the finder of fact. It is incumbent upon the court to consider all evidence relative to competence and to render a decision on that basis. Such a decision will stand absent a showing of abuse of discretion. Bates v. State, 506 So. 2d 1033 (Fla.), cert, denied, 484 U.S. 873, 108 S.Ct. 212, 98 L.Ed.2d 163 (1987); Fowler v. State, 255 So. 2d 513 (Fla.1971). No showing of abuse of discretion had been made here. We reject Carter’s allegations that the three experts who evaluated him and f…

Authorities Cited

• Salter v. State, 500 So. 2d 184 (Fla. 1st DCA 1986)