JAHN

v.

BOWEN, SECRETARY OF HEALTH AND HUMAN SERVICES

Citator

Cited By (13 total)

• Ronica Marie Stephens v. State, 513 So. 2d 1275 (Fla. 3d DCA 1987)
  …fy regarding her suicidal tendency and depression at the time of the shooting, is, in effect, a “diminished capacity defense.” This defense has not been adopted in Florida. Campbell v. Wainwright, 738 F. 2d 1573, 1581 (11th Cir. 1984), cert. denied, 475 U.S. 1126, 106 S.Ct. 1652, 90 L.Ed.2d 195 (1986). In the absence of a plea of not guilty by reason of insanity, the trial court was correct in excluding the proffered testimony of the two psychologists.1 Eight v. State, 512 So. 2d 922 (Fla.1987) (adhering t…
• Marsden v. Louie Moore, 847 F.2d 1536 (11th Cir. 1988)
  …ord, Tab 20 at 7. Where an issue raised on appeal by a habeas petitioner has not been advanced in the district court, it is not properly before the court of appeals. See Campbell v. Wainwright, 738 F. 2d 1573, 1575-76 (11th Cir.1984), cert. denied, 475 U.S. 1126, 106 S.Ct. 1652, 90 L.Ed.2d 195 (1986). Marsden did not bring to the magistrate’s attention either in his petitions or his brief that the prosecutor had made a direct comment on his failure to testify. In addition, his objection to the magistrate’s…
• Mann v. Dugger, 844 F.2d 1446 (11th Cir. 1988)
  …beas review of the claim is not barred. See Oliver v. Wainwright, 795 F. 2d 1524, 1528-29 (11th Cir. 1986), cert. denied, — U.S. —, 107 S.Ct. 1380, 94 L.Ed.2d 694 (1987); Campbell v. Wainwright, 738 F. 2d 1573, 1576-77 (11th Cir.1984), cert. denied, 475 U.S. 1126, 106 S.Ct. 1652, 90 L.Ed.2d 195 (1986); Rogers v. McMullen, 673 F. 2d 1185, 1188 (11th Cir.1982), cert. denied, 459 U.S. 1110, 103 S.Ct. 740, 74 L.Ed.2d 961 (1983). . Section 921.141 provides: (1) Separate proceedings on issue of penalty. — Upon c…