CLUKE

v.

HIGGINS, SUPERINTENDENT, CENTRAL MISSOURI CORRECTIONAL CENTER, ET AL.

Citator

Cited By

• Mahn v. State, 714 So. 2d 391 (Fla. 1998)
  …e. We conclude that the jury’s recommendation of life for the murder of Debra Shanko was not so unreasonable as to permit the trial court to override the jury’s recommendation. See also Esty v. State, 642 So. 2d 1074, 1080 (Fla.1994), cert. denied, 514 U.S. 1027, 115 S.Ct. 1380, 131 L.Ed.2d 234 (1995) (concluding jury override was improper where, despite CCP and HAC aggravators, “jurors could have relied on the [substantial mitigation] established in the record to recommend a life sentence”). CROSS-APPEAL…
• Richardson v. State, 706 So. 2d 1349 (Fla. 1998)
  …doubt instruction provides a “constitutionally proper definition of reasonable doubt.” Archer v. State, 673 So. 2d 17, 20 (Fla.), cert. denied, — U.S. -, 117 S.Ct. 197, 136 L.Ed.2d 134 (1996); Esty v. State, 642 So. 2d 1074 (Fla.1994), cert. denied, 514 U.S. 1027, 115 S.Ct. 1380, 131 L.Ed.2d 234 (1995). Claim (7) is also procedurally barred and without merit since neither the claim itself nor any of the sub-claims were raised at trial and we have rejected the same challenge to Florida’s death penalty statute…
• Broderick Wendell Monlyn v. State, 705 So. 2d 1 (Fla. 1997)
  …cted constitutional challenges to this instruction numerous times. See, e.g., Henyard v. State, 689 So. 2d 239, 245 n. 3 (Fla.1996); Spencer v. State, ,645 So. 2d 377, 382 (Fla.1994); Esty v. State, 642 So. 2d 1074, 1078-79 (Fla.1994), cert. denied, 514 U.S. 1027, 115 S.Ct. 1380, 131 L.Ed.2d 234 (1995); Brown v. State, 565 So. 2d 304, 307 (Fla.1990). We consider Monlyn’s tenth and eleventh issues together: he argues that an unconstitutional CCP instruction was given and that it was error both to instruct on…