SPINNER ET UX.

v.

COUNTY OF LOS ANGELES, DEPARTMENT OF PUBLIC WORKS, ET AL.

Citator

Cited By

• Mansfield v. State, 758 So. 2d 636 (Fla. 2000)
  …se of the victim’s blood alcohol level. See Guzman v. State, 721 So. 2d 1155, 1160 (Fla.1998) (rejecting the unconsciousness argument where the victim’s blood alcohol level was .34, citing, Whitton v. State, 649 So. 2d 861 (Fla.1994)), cert. denied, 516 U.S. 832, 116 S.Ct. 106, 133 L.Ed.2d 59 (1995). We therefore conclude that the trial court was correct in applying the heinous, atrocious, or cruel aggravator to the present ease. Proportionality As his fourth claim, Mansfield claims the imposition of the…
• Whitton v. State, 238 So. 3d 724 (Fla. 2018)
  …de that Whitton is not entitled to relief. Whitton was sentenced to death following a jury's unanimous recommendation for death. Whitton v. State, 649 So. 2d 861, 864 (Fla. 1994). Whitton's sentence of death became final in 1995. Whitton v. Florida, 516 U.S. 832, 116 S.Ct. 106, 133 L.Ed.2d 59 (1995). Thus, Hurst does not apply retroactively to Whitton's sentence of death. See Hitchcock, 226 So. 3d at 217. Accordingly, we affirm the denial of Whitton's motion. The Court having carefully considered all argum…