SILLS

v.

TERRY, ATTORNEY GENERAL OF VIRGINIA

Citator

Cited By (18 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…
• Lucas v. State, 568 So. 2d 18 (Fla. 1990)
  …d the jury to reject the mitigating factor of no significant prior history of criminal activity because Lucas had been convicted of two counts of attempted first-degree murder. In Scull v. State, 533 [*21] So. 2d 1137, 1143 (Fla.1988), cert. denied, 490 U.S. 1037, 109 S.Ct. 1937, 104 L.Ed.2d 408 (1989), we stated that “we do not believe that a ‘history’ of prior criminal conduct can be established by contemporaneous crimes” and receded from our holding in Ruffin v. State, 397 So. 2d 277 (Fla.), cert. denied,…

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