GENGHIS NICHOLAS KOCAKER, PETITIONER,

v.

FLORIDA.

Citator

Cited By

• Marquardt v. State, 156 So. 3d 464 (Fla. 2015)
  …and three aggravating circumstances with respect to the murder of Wells. HAC, CCP, and a prior violent felony conviction are among the weightiest aggravating circumstances. See Kocaker v. State, 119 So. 3d 1214, 1282 (Fla.), cert. denied, — U.S. —, 133 S.Ct. 2743, 186 L.Ed.2d 200 (2013); see also Wright, 19 So. 3d at 304 (“[T]he CCP aggravator is one of the most serious aggravators provided by the statutory sentencing scheme.”). Prior precedent of this Court supports the death sentence as a proportionate pu…
• Yacob v. State, 136 So. 3d 539 (Fla. 2014)
  …1228 (Fla.) (“This Court is required to conduct a proportionality review ‘in order to prevent the imposition of unusual punishments under the Florida Constitution.’ ” (quoting Phillips v. State, 39 So. 3d 296, 305 (Fla.2010))), cert. denied, -U.S.-, 133 S.Ct. 2743, 186 L.Ed.2d 200 (2013); Allred v. State, 55 So. 3d 1267, 1284 (Fla.2010) (“The Court performs a proportionality review to prevent the imposition of ‘unusual’ punishments contrary to article I, section 17 of the Florida Constitution.” (quoting Tillm…
• Davis v. State, 148 So. 3d 1261 (Fla. 2014)
  …ommitted in the course of a felony and while the defendant was on felony probation. See, e.g., Kocaker v. State, 119 So. 3d 1214, 1233 (Fla.) (“Ring does not apply to cases where the prior violent felony aggravator exists.”), cert. denied, — U.S. -, 133 S.Ct. 2743, 186 L.Ed.2d 200 (2013); Hampton v. State, 103 So. 3d 98, 116 (Fla.2012) (rejecting a Ring claim where the defendant was on felony probation); Baker v. State, 71 So. 3d 802, 824 (Fla.2011) (“Ring is not implicated when the trial court has found as a…