MALACHOWSKI ET UX.

v.

CITY OF KEENE ET AL.; HARRIS ET AL. V. COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, ET AL.; MALACHOWSKI ET UX., ON BEHALF OF THE JUVENILE, AMY M. V. NEW HAMPSHIRE; WELLS V. CITY OF HOUSTON, TEXAS, ET AL.

Citator

Cited By

• Gudinas v. State, 693 So. 2d 953 (Fla. 1997)
  …its discretion in rejecting Gudinas’ age of twenty years as a statutory mitigator.17 We have stated that the “fact that a murderer is twenty years of age, 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). Furthermore, there is “no per se rule which pinpoints a particular age as an automatic factor in mitigation.” Peek v. State, 395 So. 2d 492, 498 (Fla.1980), cert. denied, 451 U.S. 964, 101 S.Ct. 2036, 68 L.Ed.…
• Abron Scott v. Dugger, 604 So. 2d 465 (Fla. 1992)
  …nces, the principle of Tedder v. State, 322 So. 2d 908 (Fla.1975), came into play, and because there was a reasonable basis for the jury’s recommendation, the court was required to follow it. In Garcia v. State, 492 So. 2d 360 (Fla.), cert. denied, 479 U.S. 1022, 107 S.Ct. 680, 93 L.Ed.2d 730 (1986), this Court specifically rejected the very argument that Scott now makes. Garcia had been tried separately and convicted and sentenced before his three accomplices. Two of the accomplices later plea bargained an…

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