JOSEPH ROBERT SPAZIANO, PETITIONER,
v.
RICHARD L. DUGGER, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Joseph Robert Spaziano petitions for habeas corpus relief, arguing that the U.S. Supreme Court's decision in Parker v. Dugger requires the Florida Supreme Court to reconsider his death sentence, which was imposed by the trial judge despite a jury recommendation for life imprisonment. The Florida Supreme Court denies the petition, holding that Parker does not overturn the U.S. Supreme Court's prior approval of judicial override of jury recommendations in Spaziano v. Florida.
Parker v. Dugger does not require reconsideration of Spaziano's death sentence. The U.S. Supreme Court's prior decision in Spaziano v. Florida expressly affirmed Florida's approval of judicial override of jury recommendations, and nothing in Parker expressly or impliedly overruled that decision.
[1] A prior United States Supreme Court decision affirming a state court's approval of a jury override in a death penalty case remains valid unless expressly or impliedly ove…
[2] A recent United States Supreme Court decision does not require a state court to grant a new appellate review of a death sentence if the prior Supreme Court decision affir…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The United States Supreme Court, in Spaziano v. Florida, 468 U.S. 447, 104 S.Ct. 3154, 82 L.Ed.2d 340 (1984), expressly affirmed this Court's approval of the jury override.”
Establishes that the U.S. Supreme Court had previously validated Florida's judicial override procedure and that Parker did not overturn this precedent.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSpaziano was convicted and the jury recommended a life sentence. However, the trial judge imposed the death sentence instead. Spaziano had previously …
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PER CURIAM.
Joseph Robert Spaziano petitions for ha-beas corpus relief, asserting that the United States Supreme Court’s recent decision in Parker v. Dugger, — U.S. -, 111 S.Ct. 731, 112 L.Ed.2d 812 (1991), requires this Court to grant Spaziano a meaningful review of his death sentence, which was imposed by the trial court after a jury recommendation for a life sentence. This is the seventh occasion this cause has been before this Court. Spaziano v. State, 393 So. 2d 1119 (Fla.), cert. denied, 454 U.S. 1037, 102 S.Ct. 581, 70 L.Ed.2d 484 (1981) [Spaziano I]; Spaziano v. State, 433 So. 2d 508 (Fla.1983) [Spaziano II]; Spaziano v. State, 489 So. 2d 720 (Fla.), cert. denied, 479 U.S. 995, 107 S.Ct. 598, 93 L.Ed.2d 598 (1986) [Spaziano III]; Spaziano v. State, 545 So. 2d 843 (Fla.1989) [Spaziano IV]; Spaziano v. Dugger, 557 So. 2d 1372 (Fla.1990) [Spaziano V]; Spaziano v. State, 570 So. 2d 289 (Fla.1990) [Spaziano VI].
Spaziano asserts that Parker requires us to reconsider his death sentence “in light of the entire record of his trial and sentencing hearing and the trial judge’s findings.” Parker, 111 S.Ct. at 740. He further asserts that if we do so, the law set out in Tedder v. State, 322 So. 2d 908 (Fla.1975), and its progeny will require us to reverse the trial court’s imposition of the death sentence and reduce the sentence to life imprisonment.
We deny Spaziano’s petition. The United States Supreme Court, in Spaziano v. Florida, 468 U.S. 447, 104 S.Ct. 3154, 82 L.Ed.2d 340 (1984), expressly affirmed this Court’s approval of the jury override. Nothing in Parker suggests that the United States Supreme Court either expressly or impliedly overruled its Spaziano decision and, in fact, the majority quoted part of its Spaziano decision in arriving at the Parker result. We find that Parker does not require this Court to grant Spaziano a new appellate review of his death sentence.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, GRIMES and HARDING, JJ., concur. BARKETT and KOGAN, JJ., dissent.
. We have jurisdiction pursuant to article V, section 3(b)(1), (9), Florida Constitution.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Spaziano v. State, 660 So. 2d 1363 (Fla. 1995)…489 So. 2d 720 (Fla.), cert. denied, 479 U.S. 995, 107 S.Ct. 598, 93 L.Ed.2d 598 (1986); Spaziano v. State, 545 So. 2d 843 (Fla. 1989); Spaziano v. Dugger, 557 So. 2d 1372 (Fla.1990); Spaziano v. State, 570 So. 2d 289 (Fla.1990); Spaziano v. Dugger, 584 So. 2d 1 (Fla.1991). . Spaziano v. Singletary, No. 91-850-CIV-ORL-18 (M.D.Fla. Nov. 30, 1992) (denial of petition for writ of habeas corpus), affirmed, 36 F. 3d 1028 (11th Cir.1994), cert. denied, - U.S. -, 115 S.Ct. 911, 130 L.Ed.2d 793 (1995). . Spaziano…
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Spaziano v. Singletary, 36 F.3d 1028 (11th Cir. 1994)…. 598, 93 L.Ed.2d 598 (1986) (Spaziano III); Spaziano v. State, 545 So. 2d 843 (Fla.1989) (Spaziano IV); Spaziano v. Dugger, 557 So. 2d 1372 (Fla.1990) (Spaziano V); Spaziano v. State, 570 So. 2d 289 (Fla.1990) (Spaziano VI); and Spaziano v. Dugger, 584 So. 2d 1 (Fla.1991) (Spaziano VII ). We will refer to and discuss the many issues and holdings of those various proceedings only as they relate to Spaziano’s contentions before this Court. After having spent fifteen years attacking his conviction and death s…
Authorities Cited (13 total)
- Spaziano v. Florida, 468 U.S. 447 (U.S. 1984)
- Tedder v. State, 322 So. 2d 908 (Fla. 1975)
- Parker v. Dugger, 498 U.S. 308 (U.S. 1991)
- Spaziano v. State, 433 So. 2d 508 (Fla. 1983)
- Spaziano v. State, 393 So. 2d 1119 (Fla. 1981)
- Spaziano v. State, 545 So. 2d 843 (Fla. 1989)
- Pyles v. United States, 454 U.S. 1037 (U.S. 1981)
- Lawson v. United States, 454 U.S. 1037 (U.S. 1981)
- Spaziano v. State, 570 So. 2d 289 (Fla. 1990)
- Walker v. Illinois, 479 U.S. 995 (U.S. 1986)