BADDOUR, INC.

v.

NATIONAL LABOR RELATIONS BOARD

Citator

Cited By (16 total)

• Nibert v. State, 574 So. 2d 1059 (Fla. 1990)
  …trial court’s refusal to consider it. See, e.g., Brown v. State, 526 So. 2d 903, 908 (Fla.) (defendant’s disadvantaged childhood, abusive parents, and lack of education and training, constitute valid mitigation and must be considered), cert. denied, 488 U.S. 944, 109 S.Ct. 371, 102 L.Ed.2d 361 (1988). Second, evidence showed that Ni-bert has felt “a great deal” of remorse and has a “good potential for rehabilitation,” especially in the kind of structured prison environment where his mental condition has im…
• Torres-Arboleda v. Dugger, 636 So. 2d 1321 (Fla. 1994)
  …ood student and child, and supported his family after his father’s death. Such evidence of family background and personal history may be considered in mitigation. Stevens, 552 So. 2d at 1086; Brown v. State, 526 So. 2d 903, 908 (Fla.), cert. denied, 488 U.S. 944, 109 S.Ct. 371, 102 L.Ed.2d 361 (1988). Counsel also failed to present evidence during the penalty phase of a contract of immunity between the State and another alleged perpetrator. Because the court had ruled the contract inadmissible on relevancy…
• Consalvo v. State, 697 So. 2d 805 (Fla. 1996)
  …So. 2d 903, 908 (Fla.) (“Mitigating evidence is not limited to the facts surrounding the crime but can be anything in the life of a defendant which might militate against the appropriateness of the death penalty for that defendant.”), cert. denied, 488 U.S. 944, 109 S.Ct. 371, 102 L.Ed.2d 361 (1988). The trial court’s decision to find this circumstance but accord it very little weight was within its discretion. AVOID ARREST AGGRAVATOR Section 921.145(5)(e), Florida Statutes, defines the “avoid arrest” ag…