# Hitchcock v. State

> Supreme Court of Florida · December 20, 1990 · 16 Fla. L. Weekly Supp. 23

URL: https://www.frixlaw.com/law-library/cases/7591067

## Case

- **Full name:** James Ernest HITCHCOCK v. STATE of Florida
- **Court:** Supreme Court of Florida
- **Decided:** December 20, 1990
- **Citations:** 16 Fla. L. Weekly Supp. 23; 578 So. 2d 685; 1990 Fla. LEXIS 1782
- **Precedential status:** Published
- **Opinion:** Dissent by Kogan
- **Judges:** Barkett, Ehrlich, Grimes, Kogan, McDonald, Overton, Shaw
- **Cited by:** 42 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated on other grounds by Antares Aircraft L. P. v. Federal Republic of Nigeria, 505 U.S. 1215 (1992).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7591067

## How later opinions describe it (automated extraction)

- finding no merit to claim that state's ability to introduce hearsay in a penalty proceeding is limited while a defendant's ability to introduce hearsay is unlimited
- holding "committed by a person under sentence of imprisonment" aggravator may be applied where defendant on parole at time of crime
- rejecting claim that to execute death-sentenced petitioner after pursuing appeals and collateral relief for twelve years is cruel and unusual

## Opinion text

KOGAN, Justice,
dissenting.
I find that the death penalty is disproportionate in this case. Therefore, I would reduce the sentence to life imprisonment without eligibility for parole for twenty-five years.
BARKETT, J., concurs.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7591067. Public record. Not legal advice.