Ex Parte Clark · 728 So. 2d 1126

noting that the especially heinous, atrocious, or cruel aggravating circumstance has consistently been defined to include only “ ‘those conscienceless or pitiless homicides which are unnecessarily torturous to the victim’ ”

How later courts described this case

noting that the especially heinous, atrocious, or cruel aggravating circumstance has consistently been defined to include only “ ‘those conscienceless or pitiless homicides which are unnecessarily torturous to the victim’ ”
to establish heinous, atrocious, or cruel by showing that victim was aware of what was happening, and perhaps suffering after being shot, "the prosecution tried to imply during the trial that the victim had tried to 'run for the woods' ..., [but] the record indicates that whether [victim] was in fact even conscious and aware after the initial shots were fired would be a matter of mere speculation"
observing that flight instructions are proper when supported by the evidence in the record
in the context of the evidence and the entire closing arguments, the prosecutor did not commit plain error by commenting that the defendant did not tell the truth in his extrajudicial statement and "There was no testimony, it was a statement we offered."

Written by the judges who cited it.

The opinion

I agree with the majority that Clark's conviction is due to be affirmed, but I cannot agree that this murder was not especially heinous, atrocious, or cruel. I am aware of the constitutional limits on the use of this aggravating circumstance, but I believe that Clark's actions were indeed heinous. It is undisputed that Clark's actions were indeed heinous. It is undisputed that Clark shot his victim six times — three times in the chest, three times in the head — with the final shot to his victim's brain clearly intended to be the coup de grace stilling him permanently. I would find that Clark's acts evince a disregard of human life and of the suffering of his victim great enough to constitute a particularly heinous, atrocious, Or cruel crime properly punishable by the death penalty.