JOHNSON

v.

GIBSON, WARDEN, ET AL.

Citator

Cited By

• Lugo v. State, 845 So. 2d 74 (Fla. 2003)
  …he one we determined to be harmless error in Kearse v. State, 770 So. 2d 1119, 1129 (Fla.2000) (determining single comment by prosecutor that jury should not show mercy to defendant convicted of first-degree murder was harmless error), cert. denied, 532 U.S. 945, 121 S.Ct. 1411, 149 L.Ed.2d 352 (2001). Moreover, the prosecutor’s allusion to religion in her closing argument was exceedingly brief and any error that may have occurred was harmless at best. We have reviewed Lugo’s other assertions of error in t…
• Belgica Nubia Cruz v. State, 822 So. 2d 595 (Fla. 3d DCA 2002)
  …ynolds v. State, 696 So. 2d 1275 (Fla. 5th DCA 1997) (emphasis added); Stout v. State, 795 So. 2d 227 (Fla. 4th DCA 2001); Lynch v. State, 736 So. 2d 1221 (Fla. 5th DCA 1999); see also Kearse v. State, 770 So. 2d 1119, 1125 (Fla.2000), cert. denied, 532 U.S. 945, 121 S.Ct. 1411, 149 L.Ed.2d 352 (2001). As is implicit in the Reynolds decision, the trial court can require the personal presence of the defendant in court, notwithstanding the waiver, if there is a good reason to do so. But if that is what the c…
• Kearse v. State, 969 So. 2d 976 (Fla. 2007)
  …oper doubling of aggravating circumstances.” Id. at 685.1 After the new penalty phase, the unanimous jury recommended death, and the trial court again sentenced Kearse to death. Kearse v. State, 770 So. 2d 1119 (Fla.2000) (Kearse II), cert. denied, 532 U.S. 945, 121 S.Ct. 1411, 149 L.Ed.2d 352 (2001). The trial court found in aggravation that the crime was committed in the course of a robbery, which it afforded “diminished” weight, and found three other aggravating factors that it merged into one — that th…