SCHELL

v.

UNITED STATES

Citator

Cited By (49 total)

• Correll v. State, 523 So. 2d 562 (Fla. 1988)
  …day, was a witness to the murders. Since the relationship between Tuesday and her father appeared cordial, it is difficult to see why she was killed except to eliminate her as a witness. See Hooper v. State, 476 So. 2d 1253 (Fla.1985), cert. denied, 475 U.S. 1098, 106 S.Ct. 1501, 89 L.Ed.2d 901 (1986). Correll also challenges the aggravating factor that he previously had been convicted of another capital felony. He alleges that due to this factor’s placement in the sentencing order, it was intended to apply…
• Donaldson v. State, 722 So. 2d 177 (Fla. 1998)
  …o that of a violent crime for which the defendant is actually convicted. Dougan v. State, 470 So. 2d 697, 701 (Fla.1985) (holding that plain language of statute precludes considering mere arrests or accusations as aggravating factors), cert. denied, 475 U.S. 1098, 106 S.Ct. 1499, 89 L.Ed.2d 900 (1986). Here, however, the State was permitted over objection to overstep that boundary by presenting evidence of Donaldson’s involvement as a principal in a violent crime for which he was not charged or convicted as…
• Thompson v. State, 565 So. 2d 1311 (Fla. 1990)
  …e testimony of relatives is likely to be inflammatory and may arouse unwarranted jury sympathy for the victim, interjecting matters not germane to the issue of guilt or punishment. See, e.g., Dougan v. State, 470 So. 2d 697 (Fla.1985), cert. denied, 475 U.S. 1098, 106 S.Ct. 1499, 89 L.Ed.2d 900 (1986); Welty v. State, 402 So. 2d 1159 (Fla.1981); Lewis v. State, 377 So. 2d 640 (Fla.1979); Rowe v. State, 120 Fla. 649, 163 So. 22 (1935). When the state intends to offer such evidence, it must show that it made…