MOSLEY

v.

COCKRELL, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION

Citator

Cited By (26 total)

• Reynolds v. State, 934 So. 2d 1128 (Fla. 2006)
  …factor where the victim is not a law enforcement officer, the State must show beyond a reasonable doubt that the sole or dominant motive for the murder was the elimination of a witness.” Connor v. State, 803 So. 2d 598, 610 (Fla.2001), cert. denied, 535 U.S. 1103[, 122 S.Ct. 2308, 152 L.Ed.2d 1063] (2002); see also Alston v. State, 723 So. 2d 148, 160 (Fla.1998). “Mere speculation on the part of the state that witness elimination was the dominant motive behind a murder cannot support the avoid ar [*1157] res…
• Faunce Levon Pearce v. State, 880 So. 2d 561 (Fla. 2004)
  …1133 (Fla.2001) (finding death sentence proportional with four aggravating circumstances of heinous, atrocious, or cruel, CCP, commission during the course of a felony, and contemporaneous murder of another victim and some mitigation), cert. denied, 535 U.S. 1103, 122 S.Ct. 2308, 152 L.Ed.2d 1063 (2002); Foster v. State, 778 So. 2d 906, 921 (Fla.2000) (finding death sentence proportional with two aggravating circumstances of avoiding arrest and CCP and little mitigation); Jennings v. State, 718 So. 2d 144 (F…
• Micah Louis Nelson v. State, 850 So. 2d 514 (Fla. 2003)
  …e for Knight to coldly and calmly decide to kill”); see also Connor v. State, 803 So. 2d 598, 611 (Fla.2001) (affirming CCP where the trial court’s finding included the fact that Connor hid victim for one whole day before killing her), cert. denied, 535 U.S. 1103, 122 S.Ct. 2308, 152 L.Ed.2d 1063 (2002). The mental mitigation evidence Nelson presented did little to impact the finding of the CCP aggravator. For example, the defense mental health expert, Dr. Dee, testified that Nelson told him that he was see…

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