WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

v.

PROFFITT

Citator

Cited By (41 total)

• Jackson v. State, 498 So. 2d 906 (Fla. 1986)
  …tual commission of the capital felony was accompanied by such additional acts as to set the crime apart from the norm of capital felonies.... ” See also Proffitt v. Wainwright, 685 F. 2d 1227 (11th Cir.1982) (interpreting Florida law), cert. denied, 464 U.S. 1002, 104 S.Ct. 508, 78 L.Ed.2d 697 (1983); Blanco v. State, 452 So. 2d 520 (Fla.1984), cert. denied, 469 U.S. 1181, 105 S.Ct. 940, 83 L.Ed.2d 953 (1985). In the case at bar, there were no additional acts indicative of such cruelty. The victim was kill…
• Proffitt v. State, 510 So. 2d 896 (Fla. 1987)
  …manded the case to the state courts for resentencing in light of errors which that court found had occurred in the 1974 sentencing proceeding. Prof-fitt v. Wainwright, 685 F. 2d 1227 (11th Cir.1982), modified 706 F. 2d 311 (11th Cir.), cert, denied, 464 U.S. 1002, 104 S.Ct. 508, 78 L.Ed.2d 697 (1983). In a subsequent decision, the Eleventh Circuit Court of Appeals denied Proffitt’s request to have the resentencing conducted by both judge and jury. Proffitt v. Wainwright, 756 F. 2d 1500 (11th Cir.1985). Th…
• State v. Zeigler, 494 So. 2d 957 (Fla. 1986)
  …subject mandates that, “because the death penalty, unlike other punishments, is permanent and irrevocable,” we should afford those cases even greater care. Proffitt v. Wainwright, 685 F. 2d 1227, 1253 (1982) (and cases cited therein), cert. denied, 464 U.S. 1002, 104 S.Ct. 508, 78 L.Ed.2d 697 (1983). See also Lockett v. Ohio, 438 U.S. 586, 604, 98 S.Ct. 2954, 2964, 57 L.Ed.2d 973 (1978). Indeed, it is the application of that extreme care which permits these statutes to pass constitutional muster. See Gardne…