EAGLE ELK

v.

UNITED STATES

Citator

Cited By (37 total)

• Walls v. State, 641 So. 2d 381 (Fla. 1994)
  …rson because he wanted no witnesses. A confession is direct evidence in Florida. Hardwick v. State, 521 So. 2d 1071 (Fla.), cert. denied, 488 U.S. 871, 109 S.Ct. 185, 102 L.Ed.2d 154 (1988); Michael v. State, 437 So. 2d 138 (Fla.1983), cert. denied, 465 U.S. 1013, 104 S.Ct. 1017, 79 L.Ed.2d 246 (1984). Therefore, this argument is without merit because it is directly refuted by the record and Walls’ own words. For much the same reason, we also do not agree that Walls’ “motive” was based on some mental derange…
• Orme v. State, 677 So. 2d 258 (Fla. 1996)
  …e for this aggravating factor; and the defendant’s mental state then figures into the equation solely as a mitigating factor that may or may not outweigh the total case for aggravation. Michael v. State, 437 So. 2d 138, 142 (Fla.1983), cert. denied, 465 U.S. 1013, 104 S.Ct. 1017, 79 L.Ed.2d 246 (1984). Orme cites to cases such as Mann v. State, 420 So. 2d 578 (Fla.1982), and Porter v. State, 564 So. 2d 1060 (Fla.1990), cert. denied, 498 U.S. 1110, 111 S.Ct. 1024, 112 L.Ed.2d 1106 (1991), in support of his a…
• Penn v. State, 574 So. 2d 1079 (Fla. 1991)
  …emeditated manner without any pretense of moral or legal justification. The fact that Penn may have been mentally disturbed would not affect the application of this aggravating circumstance. Michael v. State, 437 So. 2d 138 (Fla.1983), cert. denied, 465 U.S. 1013, 104 S.Ct. 1017, 79 L.Ed.2d 246 (1984). In any event, even if this aggravating circumstance is eliminated, the death sentence for this horrible crime is not disproportional. The facts of the cases cited by the majority opinion in its conclusion on…