BIRO MANUFACTURING CO., ETC., PETITIONERS,

v.

MAURICE P. AUBE ET UX., RESPONDENTS

Citator

Cited By (15 total)

• Witt v. State, 387 So. 2d 922 (Fla. 1980)
  …as decided 140 capital appeals under the statute in the last 6 years and had 112 additional death penalty appeals pending as of May 1, 1980. , . Capital cases have sometimes required five years or more for disposition. See, e. g., Gafford v. State, 387 So. 2d 333 (Fla.1980). . Schaefer, The Control of “Sunbursts'”: Techniques of Prospective Overruling, 42 N.Y.U.L.Rev. 631, 645 (1967). . See Davis v. United States, 417 U.S. 333, 368, 94 S.Ct. 2298, 2315, 41 L.Ed.2d 109 (1974) (Rehnquist, J., dissenting). .…
• Rogers v. State, 511 So. 2d 526 (Fla. 1987)
  …tigating factor under these circumstances. As to the final mitigating factor urged by Rogers, we acknowledge and reaffirm our prior decisions that lesser sentences imposed on accomplices may be considered in mitigation, see, e.g., Gafford v. State, 387 So. 2d 333 (Fla.1980), and that “[defendants should not be treated differently upon the same or similar facts.” Slater v. State, 316 So. 2d 539, 542 (Fla.1975). However, we find that an accomplice’s sentence is irrelevant where, as here, the evidence shows tha…
• Foster v. State, 778 So. 2d 906 (Fla. 2000)
  …er punishment for the same crime, especially when he is less culpable, see Hannon v. State, 638 So. 2d 39 (Fla.1994), we agree the sentence of an accomplice may indeed affect the imposition of a death sentence upon a defendant. See Gafford v. State, 387 So. 2d 333, 337 (Fla.1980); Salvatore v. State, 366 So. 2d 745, 751 (Fla.1978). However, we have found with some limited exceptions that the defendant who actually plans and kills the victim is usually the most culpable, and his death sentence will not be cons…

Authorities Cited

• Overland Constr. Co., Inc. v. Sirmons, 369 So. 2d 572 (Fla. 1979)