STEWART

v.

FLORIDA

Citator

Cited By

• Finney v. State, 660 So. 2d 674 (Fla. 1995)
  …an underlying felony of robbery is equally without merit. Even assuming Finney’s conviction was based solely on a felony-murder theory, we have repeatedly rejected similar claims. See, e.g., Stewart v. State, 588 So. 2d 972 (Fla.1991), cert. denied, 503 U.S. 976, 112 S.Ct. 1599, 118 L.Ed.2d 313 (1992); Clark v. State, 443 So. 2d 973 (Fla.1983), cert. denied, 467 U.S. 1210, 104 S.Ct. 2400, 81 L.Ed.2d 356 (1984). Finney’s challenge to the prior violent felony conviction aggravator is based on his con [*685]…
• Johnson v. State, 660 So. 2d 637 (Fla. 1995)
  …the absence of premeditation. This contention has been repeatedly rejected by state and federal courts. E.g., Lowenfield v. Phelps, 484 U.S. 231, 108 S.Ct. 546, 98 L.Ed.2d 568 (1988); Stewart v. State, 588 So. 2d 972 (Fla.1991), cert. denied, [*648] 503 U.S. 976, 112 S.Ct. 1599, 118 L.Ed.2d 313 (1992). Tenth, Johnson contends that the standard jury instruction on the aggravator of “heinous, atrocious, or cruel,” which was given in his case, is constitutionally infirm. We find no error, Fennie v. State, 648…
• Merrit Alonso Sims v. State, 681 So. 2d 1112 (Fla. 1996)
  …ting circumstance, Kearse v. State, 662 So. 2d 677, 685 (Fla.1995); Parker v. State, 641 So. 2d 369, 377 n. 12 (Fla.1994), cert. denied, — U.S. —, 115 S.Ct. 944, 130 L.Ed.2d 888 (1995); Stewart v. State, 588 So. 2d 972, 973 (Fla.1991), cert. denied, 503 U.S. 976, 112 S.Ct. 1599, 118 L.Ed.2d 313 (1992), and we find that Sims’ claim is without merit. In his next point on appeal, Sims asserts that the trial court’s sentencing order fails to provide an adequate basis for review and demonstrates the unreliabili…