WAINWRIGHT, SECRETARY, DEPARTMENT OF CORRECTIONS

v.

GRIZZELL

Citator

Cited By (13 total)

• Valle v. State, 474 So. 2d 796 (Fla. 1985)
  …nt’s claim that the jury improperly considered nonstatutory aggravating factors, the jury is presumed to follow the judge’s instructions as to the evidence it may consider. Grizzell v. Wainwright, 692 F. 2d 722, 726-27 (11th Cir.1982), cert. denied, 461 U.S. 948, 103 S.Ct. 2129, 77 L.Ed.2d 1307 (1983). Contrary to appellant’s argument, the jury was properly instructed in this instance. This Court has consistently held that the standard jury instructions on aggravating and mitigating circumstances, which wer…
• Cunningham v. Zant, 928 F.2d 1006 (11th Cir. 1991)
  …habeas court’s finding that the evidence overwhelmingly proved intent to kill was a question of fact entitled to a presumption of correctness under 28 U.S.C.A. § 2254(d). See Grizzell v. Wainwright, 692 F. 2d 722, 725 (11th Cir.1982), cert. denied, 461 U.S. 948, 103 S.Ct. 2129, 77 L.Ed.2d 1307 (1983) (suggesting constitutional harmless error is a mixed question of fact and law). . On three occasions the trial court charged the jury that the law presumes that a person of sound mind intends the consequences…
• United States v. Simon, 964 F.2d 1082 (11th Cir. 1992)
  …s presumed to follow jury instructions.” Adams v. Wainwright, 709 F. 2d 1443, 1447 (11th Cir. 1983), cert. denied, 464 U.S. 1063, 104 S.Ct. 745, 79 L.Ed.2d 203 (1984); see Grizzell v. Wainwright, 692 F. 2d 722, 726-27 (11th Cir.1982), cert. denied, 461 U.S. 948, 103 S.Ct. 2129, 77 L.Ed.2d 1307 (1983); United States v. Kabbaby, 672 F. 2d 857, 863 (11th Cir.1982). This court has held that the prejudice from the comments of a prosecutor which may result in a shifting of the burden of proof can be cured by a…