GEBBIE, ASSISTANT DIRECTOR, OREGON DEPARTMENT OF HUMAN RESOURCES

v.

BRADY

Citator

Cited By (43 total)

• Campbell v. State, 571 So. 2d 415 (Fla. 1990)
  …rgues that because Campbell stabbed Billy, then stopped when he attacked Sue Zann, and then returned to stabbing Billy, he had time to reflect upon and plan his resumed attack on Billy. See Swafford v. State, 533 So. 2d 270 (Fla.1988), cert. denied, 489 U.S. 1100, 109 S.Ct. 1578, 103 L.Ed.2d 944 (1989) (cold, calculated, and premeditated aggravating circumstance present where defendant shot victim, reloaded, then resumed shooting). This factor generally is reserved for cases showing “a careful plan or prea…
• Konstantinos X. Fotopoulos v. State, 608 So. 2d 784 (Fla. 1992)
  …ting a lawful arrest.3 A motive to eliminate a potential witness to an antecedent crime, such as Fotopoulos’ alleged counterfeiting, can provide the basis for this aggravating factor. Swafford v. State, 533 So. 2d 270, 276 (Fla. 1988), cert. denied, 489 U.S. 1100, 109 S.Ct. 1578, 103 L.Ed.2d 944 (1989). An arrest need not be imminent at the time of the murder. Id. Such a motive can be inferred from the evidence presented in this case. As explained by the trial court: Ramsey knew of the Defendant’s illegal…
• Kilgore v. State, 688 So. 2d 895 (Fla. 1996)
  …v. State, 648 So. 2d 669, 680, cert. denied, — U.S. —, 115 S.Ct. 2588, 132 L.Ed.2d 836 (1995) (the weight to be given mitigating factors is within the trial court’s discretion); Swafford v. State, 533 [*901] So. 2d 270, 278 (Fla.1988), cert. denied, 489 U.S. 1100, 109 S.Ct. 1578, 103 L.Ed.2d 944 (1989); Herring v. State, 446 So. 2d 1049, 1057 (Fla.), cert. denied, 469 U.S. 989, 105 S.Ct. 396, 83 L.Ed.2d 330 (1984). Kilgore also asserts that the trial court erred in failing to thoroughly explain its rulings…