MERCER

v.

MISSOURI

Citator

Cited By (50 total)

• Maxwell v. Louie L. Wainwright, 490 So. 2d 927 (Fla. 1986)
  …ved at trial by the lack of an objection. Moreover, the standard instructions based on the sentencing statute did not have the effect of limiting the jury’s consideration as asserted by appellant. Demps v. State, 395 So. 2d 501 (Fla.), cert. denied, 454 U.S. 933, 102 S.Ct. 430, 70 L.Ed.2d 239 (1981). Non-statutory mitigating evidence was presented to the jury. The jury was not misled on the permissibility of considering all mitigating evidence it found persuasive. See Straight v. Wainwright, 422 So. 2d 827,…

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• Bryan v. State, 533 So. 2d 744 (Fla. 1988)
  …of further cross-examination on other crimes is outweighed by its prejudicial impact. Nevertheless, a trial judge has wide discretion to determine the permissible scope of cross-examination. Demps v. State, 395 So. 2d 501, 505 (Fla.), cert, denied, 454 U.S. 933, 102 S.Ct. 430, 70 L.Ed.2d 239 (1981). Given this wide discretion, we are not prepared to say that the other crimes were made the focus of the trial. Appellant’s final issue is an assertion that he should have been granted a new trial because the v…
• Kelley v. State, 486 So. 2d 578 (Fla. 1986)
  …hing lack of prejudice to the appellant’s case. Phrased alternatively, we find that appellant has failed to establish a sufficient degree of prejudice to justify a reversal of his conviction. Demps v. State, 395 So. 2d 501, 504 (Fla.), cert. denied, 454 U.S. 933, 102 S.Ct. 430, 706 L.Ed.2d 239 (1981). In resolution of this necessarily speculative analysis, appellate courts have tended to defer to the findings of the trial court on the matter. Sobel, 363 So. 2d at 328; Smith v. State, 400 So. 2d 956 (Fla.19…

Authorities Cited

• Gregg v. Georgia, 428 U.S. 153 (U.S. 1976)