JOST

v.

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

Citator

Cited By (13 total)

• Johnston v. State, 863 So. 2d 271 (Fla. 2003)
  …hat the sentence is proportional. Rimmer v. State, 825 So. 2d 304, 331 (Fla.) (“Although appellant does not argue the proportionality of the death sentence in this case, this Court must nevertheless conduct a proportionality review.”), cert. denied, 537 U.S. 1034, 123 S.Ct. 567, 154 L.Ed.2d 453 (2002). This review “is not a comparison between the number of aggravating and mitigating circumstances; rather, it is a thoughtful, deliberate proportionality review to consider the totality of the circumstances in a…
• Fitzpatrick v. State, 900 So. 2d 495 (Fla. 2005)
  …ed by the trial judge. PROPORTIONALITY Although Fitzpatrick does not challenge the proportionality of his death sentence, this Court must nevertheless conduct a proportionality review. See Rimmer v. State, 825 So. 2d 304, 331 (Fla.), cert. denied, 537 U.S. 1034, 123 S.Ct. 567, 154 L.Ed.2d 453 (2002). In conducting its proportionality review, this Court must compare the totality of the circumstances in a particular case with other capital casés to determine whether death is warranted in the case under revie…
• Rory Enrique Conde v. State, 860 So. 2d 930 (Fla. 2003)
  …er, we find that the essential premise of the prosecutor's argument, that the defense’s focus on certain issues was designed to lead the juiy down the wrong road, was not improper. See Rimmer v. State, 825 So. 2d 304, 324 n. 16 (Fla.), cert. denied, 537 U.S. 1034, 123 S.Ct. 567, 154 L.Ed.2d 453 (2002). . Miranda v. Atizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). . Specifically, the court noted the "sequence” of these crimes and how Conde "carefully picked the victim who was a prostitute and lu…