ELAM

v.

JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION

Citator

Cited By

• Pressley Alston v. State, 723 So. 2d 148 (Fla. 1998)
  …es that the trial court erred in permitting the State to exhibit a full-color, eleven-inch by fifteen-inch graduation photograph of the victim during its penalty phase closing argument. As in Branch v. State 685 So. 2d 1250 (Fla.1996), cert. denied, 520 U.S. 1218, 117 S.Ct. 1709, 137 L.Ed.2d 833 (1997), we find no error in the use of the photograph. In his issues twelve, thirteen, and fifteen, appellant alleges that the trial court erred in finding three of the five aggravators used to support his sentence…
• Branch v. State, 952 So. 2d 470 (Fla. 2006)
  …ncarceration for the grand theft charge. This Court found no error and affirmed Branch’s conviction and sentence. Id. at 1253. Branch’s petition for writ of certiorari to the United States Supreme Court was denied on May 12, 1997. Branch v. Florida, 520 U.S. 1218, 117 S.Ct. 1709,137 L.Ed.2d 833 (1997). Branch filed a shell motion for postcon-viction relief on May 7, 1998, in order to toll the time periods for federal habeas corpus relief. Subsequently, on April 1, 2003, Branch filed his second amended motio…
• Branch v. State, 236 So. 3d 981 (Fla. 2018)
  …s petition. FACTS AND RELEVANT PROCEDURAL HISTORY Branch was convicted of first-degree murder, sexual battery, and grand theft in connection with the killing of Susan Morris. Branch v. State (Branch I ), 685 So. 2d 1250 (Fla. 1996), cert. denied , 520 U.S. 1218, 117 S.Ct. 1709, 137 L.Ed.2d 833 (1997). We described the facts of the murder on direct appeal as follows: Eric Branch was wanted by police in Indiana and because the car he was driving, a Pontiac, could be traced to him, he decided to steal a car…