REYNA

v.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, ET AL.

Citator

Cited By

• Foster v. State, 679 So. 2d 747 (Fla. 1996)
  …find the statutory mitigator of extreme emotional disturbance. This mitigating circumstance has been defined as “less than insanity, but more emotion than the average man, however inflamed.” Duncan v. State, 619 So. 2d 279, 283 (Fla.), cert. denied, 510 U.S. 969, 114 S.Ct. 453, 126 L.Ed.2d 385 (1993), (quoting State v. Dixon, 283 So. 2d 1, 10 (Fla.1973), cert. denied, 416 U.S. 943, 94 S.Ct. 1950, 40 L.Ed.2d 295 (1974)). It is clear from the sentencing order that the trial court gave some weight to nonstatut…
• Ferrell v. State, 680 So. 2d 390 (Fla. 1996)
  …544 So. 2d 1010 (Fla.1989) (death sentence reversed where single aggravating factor of “under sentence of imprisonment” was weighed against three statutory and seven nonstatutory mitigators) with Duncan v. State, 619 So. 2d 279 (Fla.), cert. denied, 510 U.S. 969, 114 S.Ct. 453, 126 L.Ed.2d 385 (1993) (death sentence affirmed where single aggravating factor of prior second-degree murder of fellow inmate was weighed against numerous mitigators). In the present case, although the court found a number of mitig…