HONOLULU FEDERAL SAVINGS & LOAN ASSN.

v.

MURABAYASHI ET AL.

Citator

Cited By (25 total)

• Coney v. State, 653 So. 2d 1009 (Fla. 1995)
  …enalty. None were excused peremptorily. The excu-sáis “involved a legal issue toward which [Coney] would have had no basis for input,” i.e., the death-qualifying of prospective jurors. Harvey v. State, 529 So. 2d 1083, 1086 (Fla.1988), cert. denied, 489 U.S. 1040, 109 S.Ct. 1175, 103 L.Ed.2d 237 (1989). The error was harmless. Coney claims that the court erred in allowing the mother of the twelve-year-old rape victim to testify during the penalty phase concerning four prior violent felonies committed by Con…
• Harvey v. Dugger, 656 So. 2d 1253 (Fla. 1995)
  …ve jurisdiction. Art. V, § 3(b)(1), (9), Fla. Const.; Fla.R.Crim.P. 3.850. Harvey was convicted of the first-degree murders of William and Ruby Boyd. The facts of the murders are set out in Harvey v. State, 529 So. 2d 1083 (Fla.1988), cert. denied, 489 U.S. 1040, 109 S.Ct. 1175, 103 L.Ed.2d 237 (1989), in which we affirmed Harvey’s convictions and sentences of death. After the governor signed a death warrant on March 29, 1990, Harvey filed a petition for writ of habeas corpus with this Court along with a re…
• Consalvo v. State, 697 So. 2d 805 (Fla. 1996)
  …529 So. 2d 1083, 1087 (Fla.1988) (holding murders were committed for purpose of avoiding lawful arrest where defendant was known to victims and defendants discussed in victims’ presence the need to kill them to avoid being identified), cert. denied, 489 U.S. 1040, 109 S.Ct. 1175, 103 L.Ed.2d 237 (1989). Mere speculation on the part of the state that witness elimination was the dominant motive behind a murder cannot support the avoid arrest aggravator. Scull v. State, 533 So. 2d 1137, 1142 (Fla.1988), cert. d…