NOVEL

v.

PICARIELLO, JUDGE, ET AL.

Citator

Cited By (13 total)

• Floyd v. State, 569 So. 2d 1225 (Fla. 1990)
  …did not consider its admissibility for the purposes of the penalty phase. To be admissible in the penalty phase, state evidence must relate to any of the aggravating circumstances. Trawick v. State, 473 So. 2d 1235, 1240-41 (Fla.1985), cert. denied, 476 U.S. 1143, 106 S.Ct. 2254, 90 L.Ed.2d 699 (1986); Elledge v. State, 346 So. 2d 998, 1001-02 (Fla.1977); § 921.141(1), Fla. Stat. (1983). Flight was not an issue and it was error to admit this testimony. However, since the jury learned through other means that…
• Nowitzke v. State, 572 So. 2d 1346 (Fla. 1990)
  …10 S.Ct. 3294, 111 L.Ed.2d 802 (1990). We also note that lack of remorse cannot be considered by the sentencing judge as an aggravating factor. See Hill v. State, 549 So. 2d 179 (Fla.1989); Trawick v. State, 473 So. 2d 1235 (Fla.1985), cert. denied, 476 U.S. 1143, 106 S.Ct. 2254, 90 L.Ed.2d 699 (1986).…
• Merck v. State, 664 So. 2d 939 (Fla. 1995)
  ….141(5)(b). Nevertheless, from our review of the record we cannot say that the dramatic testimony concerning the North Carolina shooting did not taint the recommendation of the jury. As in Trawick v. State, 473 So. 2d 1235 (Fla. 1985), cert, denied, 476 U.S. 1143, 106 S.Ct. 2254, 90 L.Ed.2d 699 (1986), we find this to be an additional reason to require resentencing before a jury. We distinguish Campbell v. State, 571 So. 2d 415 (Fla.1990), because that ease involved “juvenile convictions.” Our decision in t…