GASKINS

v.

SOUTH CAROLINA; LAWSON V. NORTH CAROLINA; STEWART V. ILLINOIS; HARDWICK V. FLORIDA

Citator

Cited By (19 total)

• Barwick v. State, 660 So. 2d 685 (Fla. 1995)
  …292 (Fla.), cert. denied, — U.S. -, 114 S.Ct. 638, 126 L.Ed.2d 596 (1993); Power v. State, 605 So. 2d 856, 864 (Fla.1992), cert. denied, — U.S.-, 113 S.Ct. 1863, 123 L.Ed.2d 483 (1993); Hardwick v. State, 461 So. 2d 79, 81 (Fla.1984), cert. denied, 471 U.S. 1120, 105 S.Ct. 2369, 86 L.Ed.2d 267 (1985). Here, the evidence suggests that Barwick planned to rape, rob, and burglarize rather than kill Rebecca. Because the murder was not committed in a calculated manner, we conclude that the trial court erred in…
• Geralds v. State, 601 So. 2d 1157 (Fla. 1992)
  …S.Ct. 733, 98 L.Ed.2d 681 (1988). A plan to kill cannot be inferred solely from a plan to commit, or the commission of, another felony. Jackson v. State, 498 So. 2d 906, 911 (Fla.1986); Hardwick v. State, 461 So. 2d 79, 81 (Fla.1984), cert. denied, 471 U.S. 1120, 105 S.Ct. 2369, 86 L.Ed.2d 267 (1985). As we said in Hardwick: The premeditation of a felony cannot be transferred to a murder which occurs in the course of that felony for purposes of this aggravating factor. What is required is that the murderer…
• Jackson v. State, 498 So. 2d 906 (Fla. 1986)
  …cessary for application of the aggravating circumstance at issue. The trial court justified its finding on the grounds that appellant had planned the robbery and had shot the victim. In Hardwick v. State, 461 So. 2d 79, 81 (Fla.1984), cert. denied, 471 U.S. 1120, 105 S.Ct. 2369, 86 L.Ed.2d 267 (1985), we held that an intent to rob is not indicative of heightened premeditation: “The premeditation of a felony cannot be transferred to a murder which occurs in the course of that felony for purposes of this aggr…

Authorities Cited

• Gregg v. Georgia, 428 U.S. 153 (U.S. 1976)