MARSHALL

v.

UNITED STATES

Citator

Cited By

• Est. OF Beulah Despain v. Avante Grp., Inc., 900 So. 2d 637 (Fla. 5th DCA 2005)
  …defendant proposes to present and is not actual evidence.” Grim v. State, 841 So. 2d 455, 462 (Fla.) (citation omitted), cert. denied, 540 U.S. 892, 124 S.Ct. 280, 157 L.Ed.2d 166 (2003); LaMarca v. State, 785 So. 2d 1209, 1216 (Fla.), cert. denied, 534 U.S. 925, 122 S.Ct. 281, 151 L.Ed.2d 207 (2001). A reasonable showing by evidence in the record would typically include depositions, interrogatories, and requests for admissions that have been filed with the court. Hence,- an evidentiary hearing where wit…
• Grim v. State, 841 So. 2d 455 (Fla. 2003)
  …de that he cannot complain on appeal that the trial court abused its discretion by not calling Dr. Larson as its own witness to testify relative to two possible mental statutory mitigators. See LaMarca v. State, 785 So. 2d 1209 (Fla.), cert. denied, 534 U.S. 925, 122 S.Ct. 281, 151 L.Ed.2d 207 (2001) (holding that the trial court properly declined to evaluate proffered mitigation evidence during sentencing because the defendant had waived the presentation of mitigating evidence). In his third issue on appe…
• Lamarca v. State, 931 So. 2d 838 (Fla. 2006)
  …ion of mitigating evidence. The jury recommended a sentence of death by a vote of eleven to one, and the trial judge sentenced him accordingly. This Court upheld that sentence on direct appeal. LaMarca v. State, 785 So. 2d 1209 (Fla.), cert. denied, 534 U.S. 925, 122 S.Ct. 281, 151 L.Ed.2d 207 (2001). The following facts are relevant to Lamarca’s 3.851 motion and habeas petition. On December 2, 1995, Anthony Lamarca met his daughter and son-in-law, Tonya and Kevin Flynn, at a neighborhood bar. Lamarca had…