BARNES

v.

DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION

Citator

Cited By

• Windom v. State, 886 So. 2d 915 (Fla. 2004)
  …Ed.2d 363 (2004); Belcher v. State, 851 So. 2d 678, 685 (Fla.) (concluding that aggravators of prior violent felony conviction and murder in the course a felony supported by separate guilty verdict exempt sentence from holding in Ring, cert. denied, 540 U.S. 1054, 124 S.Ct. 816, 157 L.Ed.2d 706 (2003)). Whether one concludes that Ring has no application in Florida and that an other-conviction aggravator is a supplemental basis to deny relief under Ring, or that Ring applies and that an other-conviction aggr…
• Johnson v. State, 903 So. 2d 888 (Fla. 2005)
  …neffective assistance of counsel claim, this Court has repeatedly affirmed the giving of the same catch-all nonstatutory mitigation jury instruction that was given in Johnson’s case. Belcher v. State, 851 So. 2d 678, 684-85 (Fla.2003), cert. denied, 540 U.S. 1054, 124 S.Ct. 816, 157 L.Ed.2d 706 (2003); Downs v. Moore, 801 So. 2d 906, 913 (Fla.2001) (holding that the “catch-all” standard jury instruction on nonstatutory mitigation when coupled with counsel’s right to argue mitigation is sufficient to advise t…
• Marshall v. Crosby, 911 So. 2d 1129 (Fla. 2005)
  …495, 508 (Fla.2003); Jones v. State, 855 So. 2d 611, 619 (Fla.2003); Conde v. State, 860 So. 2d 930, 959 (Fla.2003), cert. denied, 541 U.S. 977, 124 S.Ct. 1885, 158 L.Ed.2d 475 (2004); Belcher v. State, 851 So. 2d 678, 685 (Fla.2003), cert. denied, 540 U.S. 1054, 124 S.Ct. 816, 157 L.Ed.2d 706 (2003); Blackwelder v. State, 851 So. 2d 650, 654 (Fla.2003); Duest v. State, 855 So. 2d 33, 49 (Fla.2003), cert. denied, 541 U.S. 993, 124 S.Ct. 2023, 158 L.Ed.2d 500 (2004); Grim v. State, 841 So. 2d 455, 465 (Fla.2…