SEQUOIA BOOKS, INC.

v.

ILLINOIS

Citator

Cited By (25 total)

• Porter v. State, 564 So. 2d 1060 (Fla. 1990)
  …uring a fit of rage because “rage is inconsistent with the premeditated intent to kill someone,” unless there is other evidence to prove heightened premeditation beyond a reasonable doubt. Mitchell v. State, 527 So. 2d 179, 182 (Fla.), cert. denied, 488 U.S. 960, 109 S.Ct. 404, 102 L.Ed.2d 392 (1988). This is not a case involving a sudden fit of rage. Porter previously had threatened to kill Williams and her daughter. He watched Williams’ house for two days just before the murders. Apparently he stole a gu…
• Geralds v. State, 674 So. 2d 96 (Fla. 1996)
  …ror when a trial court erroneously finds the cold, calculated, and premeditated aggravator. See, e.g., Capehart v. State, 583 So. 2d 1009 (Fla.1991); Rivera v. State, 545 So. 2d 864 (Fla.1989); Mitchell v. State, 527 So. 2d 179 (Fla.), cert. denied, 488 U.S. 960, 109 S.Ct. 404, 102 L.Ed.2d 392 (1988); Rogers v. State, 511 So. 2d 526 (Fla.1987). . Compare Cherry v. State, 544 So. 2d 184 (Fla.1989) (affirming death penalty when victim was beaten to death and three aggravators were present — prior conviction…
• Crump v. State, 622 So. 2d 963 (Fla. 1993)
  …he crime began. Hamblen, 527 So. 2d at 805; Rogers, 511 So. 2d at 533. However, the Court has found that heightened premeditation is inconsistent when the killing occurs in a fit of rage. Mitchell v. State, 527 So. 2d 179, 182 (Fla.), cert. denied, 488 U.S. 960, 109 S.Ct. 404, 102 L.Ed.2d 392 (1988). Applying these principles to the instant case, we disagree with the trial judge’s finding that the State proved beyond a reasonable doubt that Crump killed Clark with the necessary heightened premeditation. I…