MASSEY

v.

GAMMON, SUPERINTENDENT, MOBERLY CORRECTIONAL CENTER

Citator

Cited By

• Davis v. State, 928 So. 2d 1089 (Fla. 2005)
  …robbery, it is improper for the trial court to find as aggravation both that the homicide was committed during the course of a robbery and that the homicide was committed for pecuniary gain; instead these aggravators should be merged), cert. denied, 544 U.S. 930, 125 S.Ct. 1669, 161 L.Ed.2d 495 (2005). Davis asserts that the aggravating circumstance that the murder was committed in the course of committing a specified felony is unconstitutional because it constitutes an automatic aggravator and does not na…
• Gore v. State, 964 So. 2d 1257 (Fla. 2007)
  …s for or against one of the parties to the cause.” Fla. R. Jud. Admin. 2.330(d). The standard of review of a trial judge’s determination on a motion to disqualify is de novo. See Chamberlain v. State, 881 So. 2d 1087, 1097 (Fla.2004), cert. denied, 544 U.S. 930, 125 S.Ct. 1669, 161 L.Ed.2d 495 (2005). Whether the motion is legally sufficient is a question of law. See Barnhill v. State, 834 So. 2d 836, 843 (Fla.2002). The standard for determining the legal sufficiency of a motion to disqualify is whether th…