CORTEZ-CRUZ, AKA CORTEZ

v.

UNITED STATES

Citator

Cited By

• Crain v. State, 894 So. 2d 59 (Fla. 2004)
  …and Florida Constitutions”), cert. denied, 539 U.S. 962, 123 S.Ct. 2647, 156 L.Ed.2d 663 (2003). Additionally, the advisory sentence of death in this case was by a unanimous vote. In Anderson v. State, 863 So. 2d 169, 189 (Fla.2003), cert. denied, 541 U.S. 940, 124 S.Ct. 1662, 158 L.Ed.2d 363 (2004), we pointed to the unanimous death recommendation as well as a prior violent felony aggravator in rejecting an Appren-di/Ring claim in direct death appeal. We have also rejected Apprendi/Ring claims in other d…
• Kokal v. State, 901 So. 2d 766 (Fla. 2005)
  …the specific legal argument or ground upon which it is based must be presented to the trial court.” Bertolotti v. Dugger, 514 So. 2d 1095, 1096 (Fla.1987) (emphasis supplied); see also Anderson v. State, 863 So. 2d 169, 181 (Fla.2003), cert. denied, 541 U.S. 940, 124 S.Ct. 1662, 158 L.Ed.2d 363 (2004). Since Kokal did not present this specific claim below, it is procedurally barred. On April 6, 2000, Kokal filed with the trial court a motion to inspect, examine, and perform DNA testing of the evidence. He…

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• Marshall v. Crosby, 911 So. 2d 1129 (Fla. 2005)
  …(Fla.2003); Johnston v. State, 863 So. 2d 271, 286 (Fla.2003), cert. denied, 541 U.S. 946, 124 S.Ct. 1676, 158 L.Ed.2d 372 (2004); Cummings-El v. State, 863 So. 2d 246, 253 (Fla.2003); Anderson v. State, 863 So. 2d 169, 189 (Fla.2003), cert. denied, 541 U.S. 940, 124 S.Ct. 1662, 158 L.Ed.2d 363 (2004); Jones v. State, 855 So. 2d 611, 619 (Fla.2003); Rivera v. State, 859 So. 2d 495, 508 (Fla.2003); Davis v. State, 859 So. 2d 465, 480 (Fla.2003); Stewart v. State, 872 So. 2d 226 (Fla.2003); Conde v. State, 86…