LIN

v.

CALIFORNIA

Citator

Cited By

• Franqui v. State (Fla. 1997)
  …cent cases support a conclusion that death is not a disproportionate penalty for Franqui. See, e.g., Lowe v. State, 650 So. 2d 969 (Fla.1994), — U.S. -, 116 S.Ct. 230, 133 L.Ed.2d 159 (1995); Smith v. State, 641 So. 2d 1319 (Fla.1994), cert. denied, 513 U.S. 1163, 115 S.Ct. 1129, 130 L.Ed.2d 1091 (1995); Mordenti v. State, 630 So. 2d 1080 (Fla.), cert. denied, 512 U.S. 1227, 114 S.Ct. 2726, 129 L.Ed.2d 849 (1994). After considering Smith, Lowe, Mordenti, and other relevant cases, we find that we cannot concl…
• Smith v. State, 931 So. 2d 790 (Fla. 2006)
  …ence of death, remanding the case for a new trial. Upon retrial in May 1990, a jury again convicted him of capital murder, and the court sentenced him to death. On direct appeal, we affirmed. Smith v. State, 641 So. 2d 1319 (Fla.1994), cert. denied, 513 U.S. 1163, 115 S.Ct. 1129, 130 L.Ed.2d 1091 (1995).1 Subsequently, Smith filed in circuit court an amended motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, in which he raised numerous claims.2 After a Huff hearing, the…
• Wilson v. State, 724 So. 2d 144 (Fla. 1st DCA 1998)
  …rdingly, we reverse and remand for a new trial. Once a defendant makes an unequivocal demand for self-representation, the obligation to conduct a Faretta inquiry is triggered. Cf. Smith v. State, 641 So. 2d 1319, 1321 (Fla.1994), cert. denied mem., 513 U.S. 1163, 115 S.Ct. 1129, 130 L.Ed.2d 1091 (1995)(no Faretta inquiry required in the absence of an explicit assertion of the right to self-representation). The test is not whether the defendant is competent to represent himself adequately, but whether he i…