WOODRUFF

v.

UNITED STATES

Citator

Cited By

• Thomas v. State, 748 So. 2d 970 (Fla. 1999)
  …standing next to them.9 We have held that a ruling on a motion for mistrial is within the trial court’s discretion and should not be reversed absent an abuse of that discretion. See Hamilton v. State, 703 So. 2d 1038, 1041 (Fla.1997), cert. denied, 524 U.S. 956, 118 S.Ct. 2377, 141 L.Ed.2d 744 (1998); Merck v. State, 664 So. 2d 939, 941 (Fla. 1995). A mistrial is appropriate only where the error is so prejudicial as to vitiate the entire trial. See Hamilton, 703 So. 2d at 1041; Buenoano v. State, 527 So.…
• Hamilton v. State, 236 So. 3d 276 (Fla. 2018)
  …ant to Hurst where there is a nonunanimous jury recommendation for death.2 Hamilton was sentenced to death after the jury recommended a sentence of death by a vote of ten to two. Hamilton v. State , 703 So. 2d 1038, 1040 (Fla. 1997), cert. denied , 524 U.S. 956, 118 S.Ct. 2377, 141 L.Ed.2d 744 (1998). His sentence became final in 1998. Id. I would apply Hurst retroactively to Hamilton's sentence and, based on the jury's nonunanimous recommendation for death, would vacate the sentence of death and grant a n…

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• Wagner v. State, 806 So. 2d 613 (Fla. 3d DCA 2002)
  …PER CURIAM. Affirmed. See Hamilton v. State, 703 So. 2d 1038 (Fla.1997), cert. denied, 524 U.S. 956, 118 S.Ct. 2377, 141 L.Ed.2d 744 (1998); Berry v. State, 668 So. 2d 967 (Fla.1996); Hunter v. State, 660 So. 2d 244 (Fla.1995), cert. denied, 516 U.S. 1128, 116 S.Ct. 946, 133 L.Ed.2d 871 (1996); Lopez v. State, 716 So. 2d 301 (Fla. 3d DCA 1998).…