MAHONEY

v.

UNITED STATES

Citator

Cited By (37 total)

• Swafford v. State, 533 So. 2d 270 (Fla. 1988)
  …S.Ct. 2182, 80 L.Ed.2d 563 (1984), in others the factor has been approved on the basis of circumstantial evidence without any such direct statement.6 Routly v. State, 440 So. 2d 1257, 1263 (Fla.1983) (“express statement” not required), cert, denied, 468 U.S. 1220, 104 S.Ct. 3591, 82 L.Ed.2d 888 (1984). While Swafford’s statement to Johnson did not contain any clear reference to his motive for the murder specifically, the circumstances of the murder were similar to those in many cases where the arrest avoid…
• Henyard v. State, 689 So. 2d 239 (Fla. 1996)
  …mental anguish” which the victim suffered prior to the fatal shot. See, e.g., Preston v. State, 607 So. 2d 404, 409-10 (Fla.1992); Phillips v. State, 476 So. 2d 194, 196 (Fla.1985); Routly v. State, 440 So. 2d 1257, 1265-66 (Fla.1983), cert. denied, 468 U.S. 1220, 104 S.Ct. 3591, 82 L.Ed.2d 888 (1984). In this case, Ms. Lewis testified that she was sitting in the back seat between her daughters, that her girls were quiet at the time Henyard made the statement at issue, and that Henyard spoke loudly enough fo…
• Hamblen v. State, 527 So. 2d 800 (Fla. 1988)
  …(1982). What is required is a heightened form of premeditation which can be demonstrated by the manner of the killing. Those that are executions or contract murders fit within that class. Routly v. State, 440 So. 2d 1257 (Fla.1983), cert. denied, 468 U.S. 1220, 104 S.Ct. 3591, 82 L.Ed.2d 888 (1984). In Rogers v. State, 511 So. 2d 526 (Fla.1987), cert. denied, — U.S. -, 108 S.Ct. 733, 98 L.Ed.2d 681 (1988), the defendant shot the victim in the back during an aborted robbery attempt. There was evidence tha…