HERRING

v.

FLORIDA; HERNANDEZ V. PROCUNIER, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS; CARD V. FLORIDA

Citator

Cited By (47 total)

• Rogers v. State, 511 So. 2d 526 (Fla. 1987)
  …described in the statute, which must bear the indicia of “calculation.” Since we conclude that “calculation” consists of a careful plan or prearranged design, we recede from our holding in Herring v. State, 446 So. 2d 1049,1057 (Fla.), cert. denied, 469 U.S. 989, 105 S.Ct. 396, 83 L.Ed.2d 330 (1984), to the extent it dealt with this question. As to the two remaining aggravating circumstances, we find that the record supports the trial court’s conclusions. We agree with the court below, and Rogers [*534] hi…
• Swafford v. State, 533 So. 2d 270 (Fla. 1988)
  …provide the basis for this aggravating circumstance. Menendez v. State, 419 So. 2d 312, 315 n. 2 (Fla.1982). It is not necessary that an arrest be imminent at the time of the murder. See, e.g., Herring v. State, 446 So. 2d 1049 (Fla.), cert, denied, 469 U.S. 989, 105 S.Ct. 396, 83 L.Ed.2d 330 (1984); Riley v. State, 366 So. 2d 19 (Fla.1978). Although some decisions have approved findings of motive to eliminate witnesses based on admissions of the defendant, Kokal v. State, 492 So. 2d 1317, 1319 (Fla.1986);…

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• Kilgore v. State, 688 So. 2d 895 (Fla. 1996)
  …mitigating factors is within the trial court’s discretion); Swafford v. State, 533 [*901] So. 2d 270, 278 (Fla.1988), cert. denied, 489 U.S. 1100, 109 S.Ct. 1578, 103 L.Ed.2d 944 (1989); Herring v. State, 446 So. 2d 1049, 1057 (Fla.), cert. denied, 469 U.S. 989, 105 S.Ct. 396, 83 L.Ed.2d 330 (1984). Kilgore also asserts that the trial court erred in failing to thoroughly explain its rulings on nonstatutory mitigation. We cannot agree. We find that the sentencing order, in these circumstances, satisfies th…

Authorities Cited

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