DIAMOND, COMMISSIONER OF PATENTS AND TRADEMARKS

v.

BRADLEY ET AL.

Citator

Cited By (13 total)

• Witt v. State, 387 So. 2d 922 (Fla. 1980)
  …1977), concerning definitions for the mitigating circumstances set out in sections 921.141(6)(b), (e), and (f), Florida Statutes (1979); (4) an alleged change in the law, reflected in Smith v. Estelle, 602 F. 2d 694 (5th Cir. 1979), cert. granted, 445 U.S. 926, 100 S.Ct. 1311, 63 L.Ed.2d 758 (1980), making inadmissible in a sentencing proceeding statements made during a court-ordered psychiatric examination not preceded by Miranda warnings; (5) an alleged change in the law, reflected by an aggregation of…

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• Alvord v. State, 396 So. 2d 184 (Fla. 1981)
  …394 So. 2d 997 (Fla.1981). The other issue which warrants discussion concerns the testimony of the psychiatrist, Dr. Robey, at the sentencing stage of the proceedings. The decision of Smith v. Estelle, 602 F. 2d 694 (5th Cir. 1979), cert. granted, 445 U.S. 926, 100 S.Ct. 1311, 63 L.Ed.2d 758 (1980), relied on substantially by the appellant, was decided subsequent to our initial review of this cause and, in our view, is not applicable. Smith held that statements made to a psychiatrist appointed to examine…
• Estelle v. Smith, 451 U.S. 454 (U.S. 1981)
  …he opinion of the Court. We granted certiorari to consider whether the prosecution’s use of psychiatric testimony at the sentencing phase of respondent’s capital murder trial to establish his future dangerousness violated his constitutional rights. 445 U. S. 926 (1980). I A On December 28, 1973, respondent Ernest Benjamin Smith was indicted for murder arising from his participation in the armed robbery of a grocery store during which a clerk was fatally shot, not by Smith, but by his accomplice. In accor…