CARDONA

v.

UNITED STATES

Citator

Cited By

• Foster v. State, 679 So. 2d 747 (Fla. 1996)
  …he weight given to a mitigating circumstance is within the discretion of the trial court, and a trial court’s decision will not be reversed because an appellant reaches the opposite conclusion. See Dougan v. State, 595 So. 2d 1 (Fla.), cert. denied, 506 U.S. 942, 113 S.Ct. 383, 121 L.Ed.2d 293 (1992). We find no reversible error. Last, we turn to Foster’s issue 1, whether his death sentences are proportionate. In reviewing a death sentence, this Court must consider the particular circumstances of the case…
• Hill v. State, 688 So. 2d 901 (Fla. 1996)
  …h he inferentially suggests that the murders did not meet the criteria for being cold, calculated, and premeditated because they were committed with the pretense of moral justification. However, in Dougan v. State, 595 So. 2d 1 (Fla.), cert. denied, 506 U.S. 942, 113 S.Ct. 388, 121 L.Ed.2d 293 (1992), we upheld the same aggravating circumstance in the face of a dissenting opinion which argued that a murder had been committed with a pretense of moral justification in order “to focus attention on a chronic an…

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• United States v. Calderon, 127 F.3d 1314 (11th Cir. 1997)
  …. 920, 99 S.Ct. 1244, 59 L.Ed.2d 472 (1979). In reviewing the district court’s admission of Rule 404(b) evidence, we are governed by the abuse of discretion standard. United States v. Miller, 959 F. 2d 1535, 1538 (11th Cir.) (en banc), cert. denied, 506 U.S. 942, 113 S.Ct. 382, 121 L.Ed.2d 292 (1992). Thus, we will not disturb the discretionary ruling of the trial court absent a clear demonstration by Iglesias that the district judge abused that discretion. After careful consideration, we do not believe th…