SUTTON

v.

CALIFORNIA

Citator

Cited By

• Shellito v. State, 701 So. 2d 837 (Fla. 1997)
  …nclude that the brief reference to lack of remorse was of-minor consequence and constituted harmless error. See, e.g., Wuornos v. State, 644 So. 2d 1000, 1010 (Fla.1994)(brief reference to lack of remorse by prosecutor harmless error), cert. denied, 514 U.S. 1069, 115 S.Ct. 1705, 131 L.Ed.2d 566 (1995); Atwater v. State, 626 So. 2d 1325 (Fla.1993); Sireci v. State, 587 So. 2d 450 (Fla.1991). Shellito argues next that the trial judge erred in instructing the jury on and in finding the aggravating factor of p…
• Hughes v. State, 901 So. 2d 837 (Fla. 2005)
  …d by Wuornos v. State, 644 So. 2d 1000, 1007 n. 4 (Fla.1994) (reading Smith “to mean that new points of law established by this Court shall be deemed retrospective with respect to all non-final cases unless this Court says otherwise”), cert. denied, 514 U.S. 1069, 115 S.Ct. 1705, 131 L.Ed.2d 566 (1995); see also Griffith v. Kentucky, 479 U.S. 314, 328, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987) (holding “that a new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or…
• Gore v. State, 706 So. 2d 1328 (Fla. 1997)
  …1010 (Fla.1994) (“Once the defense argues the existence of miti-gators, the State has a right to rebut through any means permitted by the rules of evidence, and the defense will not be heard to complain otherwise.”) (footnote omitted), cert. denied, 514 U.S. 1069, 115 S.Ct. 1705, 131 L.Ed.2d 566 (1995). To the extent it could be said that the State breached the condition of the plea agreements, any error in admitting Stone’s testimony was harmless beyond a reasonable doubt. See State v. DiGuilio, 491 So. 2…