KEMP, WARDEN

v.

BROOKS

Citator

Cited By (35 total)

• Jackson v. State, 648 So. 2d 85 (Fla. 1994)
  …nce.1 Jackson was convicted of the 1983 first-degree murder of a Jacksonville police officer and sentenced to death. The conviction and sentence were affirmed by this Court on direct appeal. Jackson v. State, 498 So. 2d 406 (Fla.1986), cert. denied, 483 U.S. 1010,107 S.Ct. 3241, 97 L.Ed.2d 746 (1987). After a death warrant was signed in 1989, Jackson filed a rule 3.850 motion with the trial court and a petition for writ of habeas corpus with this Court. We found merit to Jackson’s Booth2 claim, vacated the d…

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• Lancelot Armstrong v. State, 642 So. 2d 730 (Fla. 1994)
  …ted the crime at issue, and requires a new trial. We find that this testimony was relevant and properly admitted to show Armstrong’s state of mind to prove or to explain subsequent behavior. Jackson v. State, 498 So. 2d 406 (Fla.1986), cert. denied, 483 U.S. 1010, 107 S.Ct. 3241, 97 L.Ed.2d 746 (1987); State v. Escobar, 570 So. 2d 1343 (Fla. 3d DCA 1990), dismissed, 581 So. 2d 1307 (Fla.1991). Next, Armstrong contends that the instruction the trial judge gave to the jury on reasonable doubt denied Armstrong…
• Bello v. State, 547 So. 2d 914 (Fla. 1989)
  …. We agree. This Court has repeatedly held that application of both of these aggravating factors is error where they are based on the same essential feature of the capital felony. See, e.g., Jackson v. State, 498 So. 2d 406 (Fla.1986), cert. denied, 483 U.S. 1010, 107 S.Ct. 3241, 97 L.Ed.2d 746 (1987); Thomas v. State, 456 So. 2d 454 (Fla.1984). In this case, Bello clearly fired to prevent the police officers from entering the bedroom to take him into custody. This had the incidental effect of preventing the…