KRICKENBARGER-OLIVER

v.

HUYLER ET AL.

Citator

Cited By

• Capuzzo v. State, 596 So. 2d 438 (Fla. 1992)
  …o allocution and the right to present evidence in mitigation of his sentence. Other jurisdictions have held the right to be present at sentencing is waivable. E.g., People v. Robertson, 48 Cal.3d 18, 255 Cal. Rptr. 631, 767 P. 2d 1109, cert. denied, 493 U.S. 879, 110 S.Ct. 216, 107 L.Ed.2d 169 (1989); Byrd v. Ricketts, 233 Ga. 779, 213 S.E. 2d 610, cert. denied, 422 U.S. 1011, 95 S.Ct. 2636, 45 L.Ed.2d 675 (1975); State v. Fry, 61 Haw. 226, 602 P. 2d 13 (1979); Williams v. State, 526 N.E. 2d 1179 (Ind.1988)…
• Robertson v. California, 498 U.S. 1004 (U.S. 1990)
  …ared for by a disturbed mother and a strict grandmother; and that at age nine he had been diagnosed as suffering from mild mental retardation with possible brain damage. See People v. Robertson, 48 Cal. 3d 18, 32, 767 P. 2d 1109, 1114, cert. denied, 493 U. S. 879 (1989). Robertson, however, was again sentenced to death, and the California Supreme Court, by a divided vote, affirmed. 48 Cal. 3d, at 64, 767 P. 2d, at 1136. In December 1989, Robertson’s counsel for the first time learned that Judge Chapman, p…
• Jells v. Ohio, 498 U.S. 1111 (U.S. 1991)
  …ant has retained counsel necessarily will be considered voluntary, knowing, and intelligent. Such a rule offends common sense and impermissibly strips a defendant of constitutional protections long recognized by this Court.” Robertson v. California, 493 U. S. 879, 881 (1989) (Marshall, J., dissenting from denial of certiorari). Such casual presumptions not only have no place in matters of life and death but also contravene “[t]he requirement that the prosecution spread on the record the prerequisites of a…