BUCKNER

v.

DORMIRE, SUPERINTENDENT, MISSOURI STATE PENITENTIARY

Citator

Cited By (14 total)

• Johnson v. State, 904 So. 2d 400 (Fla. 2005)
  …rom our conclusion that a single Ring-exempt aggravator permits reliance on other aggravators found solely by the trial judge. See Duest v. State, 855 So. 2d 33, 56 (Fla.2003) (Anstead, C.J., concurring in part and dissenting in part), cert. denied, 541 U.S. 993, 124 S.Ct. 2023, 158 L.Ed.2d 500 (2004). Thus, if Ring were made retroactive its impact on Florida’s death-row population would remain unclear. Resentencing hearings necessitated by retroactive application of Ring would be problematic. For prosecut…
• Crain v. State, 894 So. 2d 59 (Fla. 2004)
  …002), and denied relief. We have also denied relief in direct appeals where, as in this case, the trial judge has found the aggravating factor of previous conviction of a violent felony. See 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); see also Doorbal v. State, 837 So. 2d 940, 963 (Fla.) (stating that prior violent felony aggravator based on contemporaneous crimes charged by indictment and on which defendant was found guilty by unanimous j…
• Rodgers v. State, 948 So. 2d 655 (Fla. 2006)
  …iolent felony conviction. See Duest v. State, 855 So. 2d 33, 49 (Fla.2003) (We have previously rejected claims under Apprendi and Ring in cases involving the aggravating factor of a previous conviction of a felony involving violence.), cert. denied, 541 U.S. 993, 124 S.Ct. 2023, 158 L.Ed.2d 500 (2004). We also have rejected Rodgers’s related claims that Ring requires aggravators be alleged in the indictment and that the jury recommend death unanimously. Parker v. State, 904 So. 2d 370, 383 (Fla.2005) (“Th…