DOUGLAS

v.

UNITED STATES

Citator

Cited By

• Rory Enrique Conde v. State, 860 So. 2d 930 (Fla. 2003)
  …responses. Therefore, this Court gives deference to a trial court’s determination of a prospective juror’s qualifications and will not overturn that determination absent manifest error. Hertz v. State, 803 So. 2d 629, 638 (Fla.2001), cert. denied, 536 U.S. 963, 122 S.Ct. 2673, 153 L.Ed.2d 846 (2002). Where a prospective juror is challenged for cause on the basis of his or her views on capital punishment, the standard that a trial court must apply in determining juror competency is whether those views wo…

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• Duest v. State, 855 So. 2d 33 (Fla. 2003)
  …tated that HAC is one of the most serious aggravating circumstances set out in Florida’s sentencing scheme. See, e.g., Nelson v. State, 27 Fla. L. Weekly S797, 2002 WL 31190895 (Fla.2002); Card v. State, 803 So. 2d 613, 623 (Fla.2001), cert. denied, 536 U.S. 963, 122 S.Ct. 2673, 153 L.Ed.2d 845 (2002); Larkins v. State, 739 So. 2d 90, 95 (Fla.1999).20 By way of comparison, the “prior violent felony” aggravating circumstance in this case was based on two convictions, a conviction for armed robbery that occur…
• Davis v. State, 859 So. 2d 465 (Fla. 2003)
  …’s view regarding the death penalty would prevent or substantially impair the performance of his or her duties as a juror in accordance with the court’s instructions and the juror’s oath. Hertz v. State, 803 So. 2d 629, 638 (Fla.2001), cert. denied, 536 U.S. 963, 122 S.Ct. 2673, 153 L.Ed.2d 846 (2002). In respect to the standard of review, we have recognized that “[i]t is within a trial court’s province to determine whether a challenge for cause is proper, and the trial court’s determination of juror compe…