JOHNSON
v.
SINGLETARY, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

U.S. | 1993-05-03
No. 92-8491 (A-821)
508 U.S. 901 Supreme Court of the United States (1993) Positive Treatment
Cited by 2 cases

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  • Foster v. State, 679 So. 2d 747 (Fla. 1996)
    …ry flawed in law, but it is likely to disregard an option simply unsupported by the evidence. See Sochor v. Florida, 504 U.S. 527, 538, 112 S.Ct. 2114, 2122, 119 L.Ed.2d 326 (1992). In Johnson v. Singletary, 612 So. 2d 575, 577 (Fla.), cert. denied, 508 U.S. 901, 113 S.Ct. 2049, 123 L.Ed.2d 667 (1993), we stated that it is not error for a trial court to provide the jury with a proper instruction on the heinous, atrocious, or cruel aggravator even though that factor could not have existed as a matter of law.…

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