TIMOTHY J. MACK, PETITIONER,
v.
CALIFORNIA.

U.S. | 2014-10-06
No. 13–10275.
135 S. Ct. 89 Supreme Court of the United States (2014) Positive Treatment
Also reported at: 190 L. Ed. 2d 75
Cited by 3 cases

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  • Doty v. State, 170 So. 3d 731 (Fla. 2015)
    …Doty’s guilty plea, this Court has a mandatory obligation to review the basis of Doty’s conviction for first-degree murder, even when there has been a guilty plea. McCoy v. State, 132 So. 3d 756, 765 (Fla.2013), cert. denied, — U.S. -, 135 S.Ct. 90, 190 L.Ed.2d 75 (2014). “[W]hen a defendant has pled guilty to the charges resulting in a penalty of death, this Court’s review shifts to the knowing, intelligent, and voluntary nature of that plea.” Winkles v. State, 894 So. 2d 842, 847 (Fla.2005) (quoting Lynch v…
  • Delmer Smith v. State, 170 So. 3d 745 (Fla. 2015)
    …are the number of aggravating and mitigating circumstances, but rather performs a qualitative review of the underlying basis for each aggravator and mitigator. See McCoy v. State, 132 So. 3d 756, 771 (Fla.2013), cert. denied, — U.S. -, 135 S.Ct. 90, 190 L.Ed.2d 75 (2014); Urbin v. State, 714 So. 2d 411, 416 (Fla.1998). In this case, the jury unanimously recommended that Smith be sentenced to death. The trial court found five aggrava-tors and assigned each the following weight: (1) Smith was on felony probati…
  • Hobart v. State, 175 So. 3d 191 (Fla. 2015)
    …er of Hamm and the conviction for aggravated battery. See, e.g., McCoy v. State, 132 So. 3d 756, 775-76 (Fla.2013) (explaining that Ring is not implicated in cases involving the prior violent felony aggravator), cert. denied, - U.S. -, 135 S.Ct. 90, 190 L.Ed.2d 75 (2014); Johnson v. State, 104 So. 3d 1010, 1028 (Fla.2012) (stating that this Court has repeatedly rejected Ring claims where the prior violent felony aggravator has been found). We acknowledge that the United States Supreme Court has granted certi…

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