BAKER

v.

PIGGOTT

Citator

Cited By (23 total)

• Rose v. State, 675 So. 2d 567 (Fla. 1996)
  …idual or lingering doubt, a claim which this Court has repeatedly held is not an appropriate matter to be raised in mitigation during the penalty phase proceedings of a capital case. See King v. State, 514 So. 2d 354 (Fla.1987), [*573] cert. denied, 487 U.S. 1241, 108 S.Ct. 2916, 101 L.Ed.2d 947 (1988); Aldridge v. State, 503 So. 2d 1257 (Fla.1987); Burr v. State, 466 So. 2d 1051 (Fla.), cert. denied, 474 U.S. 879, 106 S.Ct. 201, 88 L.Ed.2d 170 (1985). .The State suggests that resentencing counsel did not i…
• Dolan Darling v. State, 808 So. 2d 145 (Fla. 2002)
  …erved that residual doubt is not an appropriate mitigating circumstance. See Preston v. State, 607 So. 2d 404, 411 (Fla.1992) (rejecting residual doubt as an appropriate mitigator); King v. State, 514 So. 2d 354, 358 (Fla.1987) (same), cert. denied, 487 U.S. 1241, 108 S.Ct. 2916, 101 L.Ed.2d 947 (1988). Therefore, the trial court properly excluded this testimony. Failure to Give Special Penalty Phase Jury Instructions Darling’s argument that he was entitled to requested special penalty phase jury instruct…
• Preston v. State, 607 So. 2d 404 (Fla. 1992)
  …gest that someone else committed the murder, thereby creating residual doubt about the defendant’s guilt of the crime. Residual doubt is not an appropriate nonstatutory mitigating circumstance. King v. State, 514 So. 2d 354 (Fla.1987), cert. denied, 487 U.S. 1241, 108 S.Ct. 2916, 101 L.Ed.2d 947 (1988). The trial court properly excluded this testimony. Next, Preston argues that the trial court erred in refusing to find the existence of the two statutory mental health mitigating factors. Preston presented ex…