KINNELL

v.

MASCHNER, DIRECTOR, KANSAS STATE PENITENTIARY, ET AL.

Citator

Cited By (26 total)

• Coney v. State, 653 So. 2d 1009 (Fla. 1995)
  …unless waived by the defendant in writing.” Here, although the defense lawyer purported to waive Coney’s presence at the meeting, there was no express waiver by Coney himself. This was error. See Garcia v. State, 492 So. 2d 360 (Fla.), cert. denied, 479 U.S. 1022, 107 S.Ct. 680, 93 L.Ed.2d 730 (1986). A review of the record, however, shows that the meeting was a routine status conference prompted by a delayed trial date, wherein several technical, procedural, and legal issues [*1013] were discussed.4 Coney’s…
• Larzelere v. State, 676 So. 2d 394 (Fla. 1996)
  …ntence is not disproportionate. See, e.g., Garcia v. State, 492 So. 2d 360 (Fla.) (prosecutorial discretion in plea bargaining with less culpable accomplices is not impermissible and does not violate the principles of proportionality), cert. denied, 479 U.S. 1022, 107 S.Ct. 680, 93 L.Ed.2d 730 (1986). In making this determination, we note that Jason’s acquittal is irrelevant to this proportionality review because, as a matter of law, he was exonerated of any culpability.6 In her final claim, the appellant r…
• Mahn v. State, 714 So. 2d 391 (Fla. 1998)
  …of the evidence adduced at trial linked his age to anything that would mitigate his actions. We have long held that the fact that a defendant is youthful, “without more, is not significant.” Garcia v. State, 492 So. 2d 360, 367 (Fla.) cert. denied, 479 U.S. 1022, 107 S.Ct. 680, 93 L.Ed.2d 730 (1986). Therefore, if a defendant’s age is to be accorded any significant weight as a mitigating factor, “it must be linked with some other characteristic of the defendant or the crime such as immaturity.” Echols v. S…