KEMP, WARDEN

v.

WILSON

Citator

Cited By (42 total)

• Turner v. State, 645 So. 2d 444 (Fla. 1994)
  …72 (Fla.1985) (“[A]n entry under those circumstances is consensual, at least with respect to the area immediately surrounding the threshold or vestibule entrance of the residence, particularly where the defendant makes no objection.”), cert, denied, 476 U.S. 1153, 106 S.Ct. 2261, 90 L.Ed.2d 705 (1986). Because the entry was consensual, the restrictions of Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980), which prohibits nonconsensual warrantless entry into a home to make a routine felo…
• Dougan v. State, 595 So. 2d 1 (Fla. 1992)
  …); Blair v. State, 406 So. 2d 1103 (Fla.1981). However, if pecuniary gain is a dominant motive in a spousal homicide, we have upheld it. E.g., Buenoano v. State, 527 So. 2d 194 (Fla.1988); Byrd v. State, 481 So. 2d 468 (Fla.1985), [*8] cert. denied, 476 U.S. 1153, 106 S.Ct. 2261, 90 L.Ed.2d 705 (1986).…
• Milford Wade Byrd v. State, 597 So. 2d 252 (Fla. 1992)
  …, we affirm. Byrd was convicted of murdering his wife. In accordance with the jury’s recommendation, the trial judge sentenced Byrd to death. This Court affirmed the conviction and sentence in Byrd v. State, 481 So. 2d 468 (Fla.1985), cert. denied, 476 U.S. 1153, 106 S.Ct. 2261, 90 L.Ed.2d 705 (1986). In May, 1988, Byrd filed a motion for post-conviction relief and presented nineteen claims to the circuit court. The circuit court summarily denied sixteen claims and denied relief on the remaining three claim…