LOWE

v.

UNITED STATES

Citator

Cited By

• James v. State, 695 So. 2d 1229 (Fla. 1997)
  …e has been established is within the trial court’s discretion. Preston v. State, 607 So. 2d 404 (Fla.1992). Reversal is not warranted simply because an appellant draws a different conclusion. Sireci v. State, 587 So. 2d 450 (Fla.1991), cert. denied, 503 U.S. 946, 112 S.Ct. 1500, 117 L.Ed.2d 639 (1992); Stano v. State, 460 So. 2d 890 (Fla.1984), cert. denied, 471 U.S. 1111, 105 S.Ct. 2347, 85 L.Ed.2d 863 (1985). So long as the trial court considers all the evidence, the trial court’s subsequent determination…
• Williamson v. State, 681 So. 2d 688 (Fla. 1996)
  …conflicting evidence in the record with regard to appellant’s alleged brain dysfunction, and the trial judge could have properly concluded that these miti-gators were not proven. See Sireci v. State, 587 So. 2d 450, 453-54 (Fla.1991), cert. denied, 503 U.S. 946,112 S.Ct. 1500,117 L.Ed.2d 639 (1992); Roberts, 510 So. 2d at 894. Similarly, we reject appellant’s contention that the trial judge failed to give sufficient weight to appellant’s dysfunctional upbringing. The record reflects that there was conflic…
• Sireci v. Moore, 825 So. 2d 882 (Fla. 2002)
  …en to one, and the trial court again imposed the death penalty. The death sentence was again affirmed by this Court. Sireci v. State, 587 So. 2d 450 (Fla.1991). Thereafter, the United States Supreme Court denied certiorari review. Sireci v. Florida, 503 U.S. 946, 112 S.Ct. 1500, 117 L.Ed.2d 639 (1992). Mr. Sireci then challenged his new sentence of death by filing an original and then three amended motions for postcon-viction relief. Pursuant to Huff v. State, 622 So. 2d 982 (Fla.1993), Judge Richard F. Co…