STEPHENS

v.

FLORIDA

Citator

Cited By

• Bryant v. State, 901 So. 2d 810 (Fla. 2005)
  …d the single nonstatutory mitigator of remorse. Id. On direct appeal, Bryant raised seven issues.2 We affirmed the conviction on all issues. Bryant’s conviction became final when the United States Supreme Court denied certiorari. Bryant v. Florida, 534 U.S. 1025, 122 S.Ct. 557, 151 L.Ed.2d 432 (2001). After this Court granted a thirty-day extension to the one-year time limit for filing postconviction motions, Bryant filed his initial postconviction motion on November 20, 2002. The circuit court struck the…

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• Grim v. State, 841 So. 2d 455 (Fla. 2003)
  …ery, defendant had been previously convicted of felony involving the use or threat of violence to the person, and record did not support a finding of immaturity or significant mental deficiency); Bryant v. State, 785 So. 2d 422 (Fla.), cert. denied, 534 U.S. 1025, 122 S.Ct. 557, 151 L.Ed.2d 432 (2001) (finding the sentence of death proportional where three aggravated of prior convictions for violent felonies, murder committed while engaged in the commission of a robbery, and avoidance of a lawful arrest or e…
• Santiago v. State, 874 So. 2d 617 (Fla. 5th DCA 2004)
  …4).4 The standard of review that applies to this issue is abuse of discretion. See Stephens v. State, 787 So. 2d 747, 754 (Fla.) (“A trial court’s denial of a motion for a new trial is reviewed under an abuse of discretion standard.”), cert. denied, 534 U.S. 1025, 122 S.Ct. 556, 151 L.Ed.2d 431 (2001). Prior to the United States Supreme Court’s decision in Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978), insufficiency of the evidence may have been a proper ground for a motion for new…