FOLEY

v.

BRUMMETT ET AL.

Citator

Cited By (11 total)

• Rodriguez v. State, 753 So. 2d 29 (Fla. 2000)
  …the proof must demonstrate beyond a reasonable doubt that the victim was murdered solely or predominantly for the purpose of witness elimination. Urbin v. State, 714 So. 2d 411 (Fla.1998); Consalvo v. State, 697 So. 2d 805 (Fla.1996), cert. denied, 523 U.S. 1109, 118 S.Ct. 1681, 140 L.Ed.2d 819 (1998). Additionally, a murder may be both CCP and committed to avoid arrest as long as distinct facts support each circumstance. Stein v. State, 632 So. 2d 1361 (Fla.1994). The facts supporting CCP must focus on t…
• Trease v. State, 768 So. 2d 1050 (Fla. 2000)
  …l court erred in finding that he killed the victim to avoid lawful arrest. The aggravator of killing with the intent to avoid lawful arrest applies to witness elimi [*1056] nation. See Consalvo v. State, 697 So. 2d 805, 819 (Fla.1996), cert. denied, 523 U.S. 1109, 118 S.Ct. 1681, 140 L.Ed.2d 819 (1998). In such cases, “ ‘the mere fact of a death is not enough to invoke this factor.... Proof of the requisite intent to avoid arrest and detection must be very strong....’ [T]he evidence must prove that the sol…
• Nelson v. State, 748 So. 2d 237 (Fla. 1999)
  …hat Nelson had a history of alcohol and drug abuse.3 However, Nelson did not identify the substance abuse as a mitigating factor when he presented the mitigators to the trial court. In Consalvo v. State, 697 So. 2d 805, 818 (Fla.1996), cert. denied, 523 U.S. 1109, 118 S.Ct. 1681, 140 L.Ed.2d 819 (1998), this Court stated: In Lucas v. State, 568 So. 2d 18 (Fla.1990), we stated: “[T]he defense must share the burden and identify for the court the specific nonstatutory mitigating circumstances it is attempting…