POST-NEWSWEEK STATIONS, FLORIDA, INC. AND THE MIAMI HERALD PUBLISHING COMPANY, PETITIONERS,
v.
THE STATE OF FLORIDA, FRANCISCO FUSTER ESACLONA A/K/A FRANK FUSTER, ILEANA FUSTER, AND THE HON. ROBERT NEWMAN, RESPONDENTS
POST-NEWSWEEK STATIONS, FLORIDA, INC. AND THE MIAMI HERALD PUBLISHING COMPANY, PETITIONERS,
THE STATE OF FLORIDA, FRANCISCO FUSTER ESACLONA A/K/A FRANK FUSTER, ILEANA FUSTER, AND THE HON. ROBERT NEWMAN, RESPONDENTS
510 So. 2d 896
Florida Supreme Court (1987)
Caution
Cited by 20 cases
Opinion of the Court
EHRLICH, Justice.
We have for our review Post-Newsweek Stations v. State, 474 So. 2d 344 (Fla. 3d DCA 1985), wherein the district court certified the following question of great public importance:
[I]S THE PRINT AND ELECTRONIC MEDIA ENTITLED TO NOTICE OF, AND THE OPPORTUNITY AND RIGHT TO ATTEND, PRE-TRIAL DISCOVERY DEPOSITIONS IN CRIMINAL CASES?
Id. We have jurisdiction, article V, section 3(b)(4), Florida Constitution.
We have recently answered this question in the negative. Palm Beach Newspapers v. Burk, 504 So. 2d 378 (Fla.1987). Accord-mgly, we approve the decision of the district court below.
It is so ordered.
MCDONALD, C.J., and OVERTON, SHAW, BARRETT, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (20 total)
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LaMARCA v. State, 785 So. 2d 1209 (Fla. 2001)…, 579 So. 2d 721, 724 (Fla.1991), this Court explained that in two other cases the death sentence was vacated, in part because the sole aggravator in each case was “weak.” Id. (citing Lloyd v. State, 524 So. 2d 396 (Fla.1988), and Proffitt v. State, 510 So. 2d 896 (Fla.1987)).3 The sole ag- [*1217] gravators in Lloyd and Proffitt were that the murder was committed during the course of a felony. See Lloyd, 524 So. 2d at 408; Proffitt, 510 So. 2d at 898. In contrast, the sole aggravator here is significant. Th…
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Lynford R. Blackwood v. State, 777 So. 2d 399 (Fla. 2000)…ggravating circumstances, HAC and CCP, were outweighed by fact death occurred as result of long-standing domestic dispute involving financial matters and child-rearing and fact defendant had no history of prior criminal activity); Proffitt v. State, 510 So. 2d 896 (Fla.1987) (vacating sentence of death on proportionality grounds despite trial court’s finding of two aggravating circumstances — murder was committed during a burglary and murder was cold, calculated and premeditated; mitigating evidence included…
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Asay v. State, 580 So. 2d 610 (Fla. 1991)…defendant intended to kill baby and there was substantial mitigating evidence); Wilson v. State, 493 So. 2d 1019 (Fla.1986) (death sentence not proportionately warranted for murder of father during heated, domestic confrontation); Proffitt v. State, 510 So. 2d 896 (Fla.1987) (death penalty for murder committed when victim awoke during burglary of his residence was disproportionate where lack of prior criminal activity or violent behavior was found in mitigation); Caruthers v. State, 465 So. 2d 496 (Fla.1985)…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Palm Beach Newspapers, Inc. v. The Honorable Richard Bryan Burk, 504 So. 2d 378 (Fla. 1987)
- Post-Newsweek Stations v. State, 474 So. 2d 344 (Fla. 3d DCA 1985)