BROWN

v.

UNITED STATES

Citator

Cited By

• Rutherford v. Moore, 774 So. 2d 637 (Fla. 2000)
  …the admission of gory autopsy photographs that were not relevant to any disputed issue, the error can be considered harmless if the photographs played a minor role in the trial. See Almeida v. State, 748 So. 2d 922, 929-30 (Fla.1999), cert. denied, 528 U.S. 1181, 120 S.Ct. 1221, 145 L.Ed.2d 1120 (2000). Rutherford has not demonstrated that any deficiency in appellate counsel’s performance “compromised the appellate process to such a degree as to undermine confidence in the correctness of the result.” Groo…
• Booker v. State, 773 So. 2d 1079 (Fla. 2000)
  …Fla.1999) (stating that proportionality review is “two-pronged: We compare the case under review to others to determine if the crime falls within the category of both (1) the most aggravated, and (2) the least mitigated of murders.” ), cert. denied, 528 U.S. 1181, 120 S.Ct. 1221, 145 L.Ed.2d 1120 (2000). After carefully considering the totality of the circumstances in this case in light of our prior decisions in other capital cases, we disagree with Booker’s claim here and find that death is a proportionate…
• State v. Seaton, 776 So. 2d 997 (Fla. 5th DCA 2001)
  …a reasonable person in his position would have believed that they were in custody; and (2) Kunkle failed to respond to his question regarding whether he should have a lawyer, as required by Almeida v. State, 737 So. 2d 520 (Fla.1999), cert. denied, 528 U.S. 1181, 120 S.Ct. 1221, 145 L.Ed.2d 1120 (2000). The trial court entered a written order granting the motion to suppress on the authority of Almeida. We do not need to reach the first two issues presented on appeal — whether Sea-ton was in custody and whe…