HERNANDEZ

v.

TEXAS; HOLTON V. FLORIDA; CASTOR V. CLARK, WARDEN, ET AL.; NUCKOLS V. OKLAHOMA ET AL.

Citator

Cited By (24 total)

• Dusty Ray Spencer v. State, 645 So. 2d 377 (Fla. 1994)
  …presence or absence of adequate provocation, previous difficulties between the parties, the manner in which the homicide was committed, and the nature and manner of the wounds inflicted. Holton v. State, 573 So. 2d 284, 289 (Fla.1990), cert, denied, 500 U.S. 960, 111 S.Ct. 2275, 114 L.Ed.2d 726 (1991). Our review of the record in this case reveals that there was sufficient evidence from which the jury could have inferred premeditation and rejected Spencer’s contention that this was a “heat of passion” kill…
• Finney v. State, 660 So. 2d 674 (Fla. 1995)
  …m which jury could find premeditation); Holton v. State, 573 So. 2d 284, 289-90 (Fla.1990) (circumstantial evidence rule does not require the jury to believe defendant’s version of events where State has produced conflicting evidence), cert. denied, 500 U.S. 960, 111 S.Ct. 2275, 114 L.Ed.2d 726 (1991). Moreover, there was sufficient evidence to support a conviction of first-degree felony murder with robbery as the underlying felony. Finney’s contention that the State failed to prove that a robbery occurre…
• Norton v. State, 709 So. 2d 87 (Fla. 1997)
  …e a jury to believe the defendant’s version of events where the State has produced conflicting testimony. See Finney, 660 So. 2d at 680; Spencer v. State, 645 So. 2d 377, 381 (Fla.1994); Holton v. State, 573 So. 2d 284, 290 (Fla.1990), cert. denied, 500 U.S. 960, 111 S.Ct. 2275, 114 L.Ed.2d 726 (1991). Thus, the jury was free to disregard appellant’s alibi evidence.8 [*92] LACK OF PROOF OF PREMEDITATION As to appellant’s second claim, however, we find there is a complete absence of evidence to support a fi…

Authorities Cited

• Gregg v. Georgia, 428 U.S. 153 (U.S. 1976)