RIDDICK

v.

NEW YORK

Citator

Cited By

• United States v. Garate-Vergara, 942 F.2d 1543 (11th Cir. 1991)
  …two or more persons and that the defendant knowingly and voluntarily participated in it; these elements may be proved by circumstantial evidence. See Battle, 892 F. 2d at 998; United States v. Alvarez, 837 F. 2d 1024, 1027 (11th Cir.), cert. denied, 486 U.S. 1026, 108 S.Ct. 2003, 100 L.Ed.2d 234 (1988). A defendant’s presence, although not determinative, is a material factor when weighing evidence of conspiracy. See United States v. Bain, 736 F. 2d 1480, 1485 (11th Cir.), cert. denied, 469 U.S. 937, 105 S.…
• Henderson v. Dugger, 925 F.2d 1309 (11th Cir. 1991)
  …0) (“[A] defendant’s constitutional rights are not violated by placing on him the burden of proving mitigating circumstances sufficiently substantial to call for leniency."). But cf. Jackson v. Dugger, 837 F. 2d 1469, 1473 (11th Cir.), cert. denied, 486 U.S. 1026, 108 S.Ct. 2005, 100 L.Ed.2d 236 (1988) (instruction that "death is presumed to be the proper sentence” unconstitutional). . See, e.g., Robinson v. State, 520 So. 2d 1, 6 (Fla.1988) (lack of remorse may not be considered by capital sentencer). . S…
• United States v. Rivera, 926 F.2d 1564 (11th Cir. 1991)
  …92-94; see also United States v. Alvarez, 837 F. 2d 1024 (11th Cir.) (defendant was hired by mystery man who paid for international flight so that defendant could act as cook on vessel that was transporting rotten fish to the Bahamas), cert. denied, 486 U.S. 1026, 108 S.Ct. 2003, 100 L.Ed.2d 234 (1988); United States v. Peddle, 821 F. 2d 1521, 1523-25 (11th Cir.1987) (among other suspicious circumstances, defendant boat owner admitted that "something was going on with vessel and that it might be carrying con…