Opinion

Miller v. State

  • 35 Fla. L. Weekly Supp. 323
  • 42 So. 3d 204
  • 2010 Fla. LEXIS 854
  • 2010 WL 2195709
Court
Supreme Court of Florida
Filed
Jun 3, 2010
Status
Published
Author
Canady
On the bench
Quince, Pariente, Lewis, Labarga, Perry, Canady, Polston
Cited by
59 cases
Authority
More cited than 11.0%

holding that the death sentence was proportionate where the defendant fatally stabbed a seventy-two-year-old victim; the trial court found five aggrava-tors — prior violent felony conviction, HAC, committed while on parole, committed during a burglary, and victim was particularly vulnerable — which were weighed against six nonstatutory mitigating circumstances

How later courts described this case

  • holding that the death sentence was proportionate where the defendant fatally stabbed a seventy-two-year-old victim; the trial court found five aggrava-tors — prior violent felony conviction, HAC, committed while on parole, committed during a burglary, and victim was particularly vulnerable — which were weighed against six nonstatutory mitigating circumstances
  • rejecting as meritless the argument that “an indictment must allege the required factual findings in support of a death sentence” because “Florida’s capital sentencing scheme withstands constitutional scrutiny because it provides sufficient notice of the - 71 - charges against the accused”
  • concluding that location of wounds and force used in stabbing constituted competent, substantial evidence supporting premeditation
  • stating that this Court derived how police are to administer the rights in article I, section 9, in its Traylor decision

Written by the judges who cited it.

The opinion

CANADY, J.,

concurring in result.

I concur in the decision to affirm the convictions and sentences. I disagree, however, with any suggestion in the majority opinion that the Florida Constitution imposes requirements more exacting than those imposed by Miranda 10 and its progeny regarding the warnings that must be given to a suspect who is subjected to a custodial interrogation. I also disagree with any suggestion that the gender of the victim should play a role in determining whether a sentence of death is disproportionate.

POLSTON, J., concurs.

. Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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