# Miller v. State

> Supreme Court of Florida · June 3, 2010 · 35 Fla. L. Weekly Supp. 323

URL: https://www.frixlaw.com/law-library/cases/9783083

## Case

- **Full name:** Lionel Michael MILLER, Appellant, v. STATE of Florida, Appellee
- **Court:** Supreme Court of Florida
- **Decided:** June 3, 2010
- **Citations:** 35 Fla. L. Weekly Supp. 323; 42 So. 3d 204; 2010 Fla. LEXIS 854; 2010 WL 2195709
- **Precedential status:** Published
- **Opinion:** Concurrence by Canady
- **Judges:** Quince, Pariente, Lewis, Labarga, Perry, Canady, Polston
- **Cited by:** 59 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9783083

## How later opinions describe it (automated extraction)

- 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 particula…
- 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…
- 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
- concluding that the location of the stab wounds to the victim’s vital organs can support a finding of premeditation

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9783083. Public record. Not legal advice.