BRIAN FOSTER, PETITIONER,

v.

ROBERT L. TATUM.

Citator

Cited By (17 total)

• Reynolds v. State, 251 So. 3d 811 (Fla. 2018)
  …of Reynolds's Eighth Amendment claim necessarily fails as well. Other defendants have raised these claims, which we have rejected without discussion. See, e.g. , Truehill v. State , 211 So. 3d 930 (Fla.), cert. denied , --- U.S. ----, 138 S.Ct. 3, 199 L.Ed.2d 272 (2017). In light of the dissenting opinions to the denial of certiorari in Truehill v. Florida , however, we now explicitly address what has already been implicitly decided. The special concurrence takes issue with our viewing this Caldwell claim "…
• Hannon v. State, 228 So. 3d 505 (Fla. 2017)
  …ourt correctly denied Hannon’s third successive motion for postconviction relief. Potential Caldwell5 Claims Hannon directs this Court to a dissent from the denial of certiorari in Truehill v. Florida, Nos. 16-9448, 17-5083, — U.S. -, 138 S.Ct. 3, 199 L.Ed.2d 272, 2017 WL 2463876 (U.S. Oct. 16, 2017), cert. denied, (Sotomayor, J., dissenting). That dissent criticizes this Court for failing to address Eighth Amendment claims under Caldwell. We need not reach that issue in this case, however, because Hannon do…

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• Lowe v. State, 259 So. 3d 23 (Fla. 2018)
  …. 452, 199 L.Ed.2d 334 (2017) ; Tundidor v. State , 221 So. 3d 587, 607-08 (Fla. 2017), cert. denied , --- U.S. ----, 138 S.Ct. 829, 200 L.Ed.2d 326 (2018) ; Oliver v. State , 214 So. 3d 606, 617-18 (Fla.), cert. denied , --- U.S. ----, 138 S.Ct. 3, 199 L.Ed.2d 272 (2017) ; Truehill v. State , 211 So. 3d 930, 956-57 (Fla.), cert. denied , --- U.S. ----, 138 S.Ct. 3, 199 L.Ed.2d 272 (2017). Lowe's arguments do not compel departing from our precedent. Because the Hurst error in Lowe's penalty phase was harmles…

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