SMITH

v.

CITY OF NEW YORK ET AL.

Citator

Cited By

• Carroll v. State, 815 So. 2d 601 (Fla. 2002)
  …on and sentenced Carroll to death.1 We affirmed Carroll’s conviction and sentence on [*608] direct appeal. See id. at 1321. The United States Supreme Court denied Carroll’s petition for writ of certiorari on October 31, 1994. See Carroll v. Florida, 513 U.S. 973, 115 S.Ct. 447, 130 L.Ed.2d 357 (1994). Carroll timely filed his initial 3.850 motion on February 1, 1996. Thereafter, Carroll filed an amended 3.850 motion raising twenty-four claims.2 Following a Huff hearing, the trial court ordered that an evi…
• Robertson v. State, 699 So. 2d 1343 (Fla. 1997)
  …not agree that the heinous, atrocious, or cruel aggravator does not apply here. This Court consistently has found this aggravator to apply where, as here, a conscious victim is strangled. E.g., Carroll v. State, 636 So. 2d 1316 (Fla.), cert. denied, 513 U.S. 973, 115 S.Ct. 447, 130 L.Ed.2d 357(1994); Hildwin v. State, 531 So. 2d 124 (Fla.1988), aff'd 490 U.S. 638, 109 S.Ct. 2055, 104 L.Ed.2d 728 (1989); Tompkins v. State, 502 So. 2d 415 (Fla.1986), cert. denied, 483 U.S. 1033, 107 S.Ct. 3277, 97 L.Ed.2d 781…
• Carroll v. State, 114 So. 3d 883 (Fla. 2013)
  …al battery; and (3) the capital felony was especially heinous, atrocious, or cruel. Carroll was sentenced to death and this Court affirmed his convictions and death sentence on direct appeal in Carroll v. State, 636 So. 2d 1316 (Fla.), cert. denied, 513 U.S. 973, 115 S.Ct. 447, 130 L.Ed.2d 357 (1994). Carroll filed his amended initial motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 in 1997 raising twenty-four claims. We affirmed denial of relief as to all those claims in Car…