STREET

v.

ILLINOIS

Citator

Cited By

• Rutherford v. Moore, 774 So. 2d 637 (Fla. 2000)
  …83). Photographs are admissible if they are “relevant and not so shocking in nature as to defeat the value of their relevance.” Czubak v. State, 570 So. 2d 925, 928 (Fla.1990); see Zakrzewski v. State, 717 So. 2d 488, 494 (Fla.1998), cert. denied, 525 U.S. 1126, 119 S.Ct. [*647] 911, 142 L.Ed.2d 909 (1999). This Court has upheld the admission of photographs where they are relevant to “explain a medical examiner’s testimony, to show the manner of death, the location of wounds, and the identity of the vict…
• WAY v. State, 760 So. 2d 903 (Fla. 2000)
  …th a hammer and then shot). We agree with Way that the evidence must show that the victim was conscious and aware of her impending death to support this aggravating circumstance. See Zakrzewski v. State, 717 So. 2d 488, 493 (Fla.1998), cert. denied, 525 U.S. 1126, 119 S.Ct. 911, 142 L.Ed.2d 909 (1999); Jackson v. State, 451 So. 2d 458, 463 (Fla.1984); Simmons v. State, 419 So. 2d 316, 318-19 (Fla.1982). For example, in Simmons the defendant bludgeoned the victim with a sharp tool and then attempted to concea…
• Lynford R. Blackwood v. State, 777 So. 2d 399 (Fla. 2000)
  …aggravating and mitigating circumstances.”) (emphasis added) (citation omitted). We have never recognized a “domestic dispute” exception to the imposition of the death penalty. See Zakrzewski v. State, 717 So. 2d 488, 493 (Fla.1998), cert. denied, 525 U.S. 1126, 119 S.Ct. 911, 142 L.Ed.2d 909 (1999); Spencer v. State, 691 So. 2d 1062, 1065 (Fla.1996). Rather, our analysis still focuses on whether death is a proportionate penalty after considering the totality of the circumstances in a particular case. See…

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