NUCCIO

v.

BUTLER, WARDEN

Citator

Cited By (21 total)

• Sochor v. State, 619 So. 2d 285 (Fla. 1993)
  …shed as a mitigating circumstance. Deciding whether such family history establishes mitigating circumstances is within the trial court’s discretion. King v. Dugger, 555 So. 2d 355 (Fla.1990); Scull v. State, 533 So. 2d 1137 (Fla.1988), cert. denied, 490 U.S. 1037, 109 S.Ct. 1937, 104 L.Ed.2d 408 (1989). We find no abuse of discretion in finding that the evidence did not rise to being a mitigating circumstance. The court carefully weighed the aggravating factors against the lack of mitigating factors in con…
• Harvey v. Dugger, 656 So. 2d 1253 (Fla. 1995)
  …for consideration at the same time.5 Harvey argues in claim 7 that the mitigatmg circumstance of lack of a significant Mstory of prior criminal activity6 existed in Harvey’s case because of Scull v. State, 533 So. 2d 1137 (Fla.1988), cert. denied, 490 U.S. 1037, 109 S.Ct. 1937, 104 L.Ed.2d 408 (1989), which was decided after Harvey. In Scull, we found when considering the existence of this mitigator, the term “prior” means before the commission of the murder. In the instant case, the basis of the trial cou…
• Consalvo v. State, 697 So. 2d 805 (Fla. 1996)
  ….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. denied, 490 U.S. 1037, 109 S.Ct. 1937, 104 L.Ed.2d 408 (1989). Likewise, the mere fact that the victim knew and could identify defendant, without more, is insufficient to prove this aggravator. Geralds v. State, 601 So. 2d 1157, 1164 (Fla.1992); Davis v. State, 604 So. 2…