darden
wainwright
argued
january
decided
june
jury
trial
florida
petitioner
found
guilty
murder
robbery
assault
intent
kill
pursuant
florida
capital
sentencing
statute
jury
heard
testimony
argument
made
nonbinding
recommendation
death
penalty
imposed
trial
judge
followed
recommendation
florida
affirmed
conviction
sentence
rejecting
petitioner
contention
prosecution
closing
argument
guilt
phase
trial
rendered
trial
fundamentally
unfair
deprived
sentencing
determination
reliability
required
eighth
amendment
also
rejected
petitioner
contention
trial
erred
excluding
member
venire
cause
basis
affirmative
response
judge
question
voir
dire
moral
religious
conscientious
moral
religious
principles
opposition
death
penalty
strong
unable
without
violating
principles
vote
recommend
death
penalty
regardless
facts
subsequent
federal
habeas
corpus
proceedings
petitioner
raised
claims
well
additional
claim
denied
effective
assistance
counsel
sentencing
phase
trial
district
denied
relief
appeals
ultimately
affirmed
district
judgment
aspects
held
record
jury
voir
dire
viewed
entirety
shows
trial
decision
exclude
juror
involved
proper
wainwright
witt
held
proper
test
whether
juror
views
capital
punishment
prevent
substantially
impair
performance
duties
juror
accordance
instructions
oath
petitioner
argument
issue
rested
solely
wording
question
quoted
trial
asked
juror
excluding
however
proper
determination
issue
requires
examination
context
surrounding
juror
exclusion
record
shows
prior
individual
questioning
trial
told
entire
venire
questioned
point
juror
question
present
repeatedly
stated
correct
standard
questioning
individual
members
panel
pp
record
also
supports
rejection
petitioner
contention
prosecution
closing
argument
prosecution
argument
included
improper
remarks
indicated
petitioner
weekend
furlough
earlier
prison
sentence
crime
involved
occurred
implied
death
penalty
guarantee
future
similar
act
referred
petitioner
animal
reflected
emotional
reaction
case
however
relevant
question
whether
comments
infected
trial
unfairness
make
resulting
conviction
denial
due
process
viewed
standard
prosecution
comments
deprive
petitioner
fair
trial
comments
manipulate
misstate
evidence
implicate
specific
rights
accused
much
objectionable
content
responsive
opening
summation
defense
available
state
procedural
rule
moreover
defense
counsel
able
use
final
rebuttal
argument
turn
much
prosecution
closing
argument
pp
respect
claim
ineffective
assistance
counsel
sentencing
phase
trial
petitioner
failed
satisfy
first
part
test
set
forth
strickland
washington
trial
counsels
performance
fell
objective
standard
reasonableness
merit
petitioner
contention
trial
counsel
devoted
time
close
guilt
phase
trial
start
penalty
phase
approximately
hour
prepare
case
mitigation
record
indicates
great
deal
time
effort
went
defense
case
significant
portion
time
devoted
preparation
sentencing
moreover
defendant
must
overcome
presumption
circumstances
challenged
action
counsel
might
considered
sound
trial
strategy
petitioner
overcome
presumption
record
shows
several
reasons
counsel
reasonably
chosen
rely
simple
plea
mercy
petitioner
rather
attempt
introduce
mitigating
evidence
pp
powell
delivered
opinion
burger
white
rehnquist
joined
burger
filed
concurring
opinion
post
brennan
filed
dissenting
opinion
post
blackmun
filed
dissenting
opinion
brennan
marshall
stevens
joined
post
robert
augustus
harper
argued
cause
filed
briefs
petitioner
richard
prospect
assistant
attorney
general
florida
argued
cause
respondent
brief
jim
smith
attorney
general
justice
powell
delivered
opinion
case
presents
three
questions
concerning
validity
petitioner
criminal
conviction
death
sentence
whether
exclusion
cause
member
venire
violated
principles
announced
wainwright
witt
ii
whether
prosecution
closing
argument
guilt
phase
bifurcated
trial
rendered
trial
fundamentally
unfair
deprived
sentencing
determination
reliability
required
eighth
amendment
iii
whether
petitioner
denied
effective
assistance
counsel
sentencing
phase
trial
petitioner
tried
found
guilty
murder
robbery
assault
intent
kill
circuit
citrus
county
florida
january
pursuant
florida
capital
sentencing
statute
jury
convicted
petitioner
heard
testimony
argument
order
make
nonbinding
recommendation
whether
death
sentence
imposed
jury
recommended
death
sentence
trial
judge
followed
recommendation
direct
appeal
florida
affirmed
conviction
sentence
petitioner
made
several
arguments
appeal
makes
respect
prosecutorial
misconduct
claim
disapproved
closing
argument
reasoned
law
required
new
trial
cases
reasonably
evident
remarks
might
influenced
jury
reach
severe
verdict
guilt
comment
unfair
darden
state
concluded
comments
rendered
petitioner
trial
unfair
petitioner
challenge
juror
exclusion
rejected
without
comment
petitioner
time
raise
claim
ineffective
assistance
counsel
granted
certiorari
limited
grant
claim
prosecutorial
misconduct
heard
oral
argument
dismissed
writ
improvidently
granted
petitioner
sought
federal
habeas
corpus
relief
raising
claims
raises
district
denied
petition
darden
wainwright
supp
md
divided
panel
appeals
eleventh
circuit
affirmed
darden
wainwright
appeals
granted
rehearing
en
banc
affirmed
district
equally
divided
following
second
rehearing
en
banc
appeals
reversed
claim
improper
excusal
member
venire
granted
state
petition
certiorari
claim
vacated
appeals
judgment
remanded
reconsideration
light
wainwright
witt
remand
en
banc
denied
relief
petitioner
filed
application
stay
execution
treated
petition
certiorari
granted
time
staying
execution
affirm
ii
nature
petitioner
claims
facts
case
stated
detail
normally
necessary
september
black
adult
male
entered
carl
furniture
store
near
lakeland
florida
person
store
proprietor
turman
lived
husband
house
behind
store
turman
worked
nights
juvenile
home
awakened
cup
coffee
store
wife
returned
home
let
dogs
run
turman
showed
man
around
store
stated
interested
purchasing
worth
furniture
rental
unit
asked
see
several
different
items
left
store
briefly
stating
wife
back
look
items
man
returned
minutes
later
asking
see
stoves
inquiring
price
turman
turned
toward
adding
machine
grabbed
pressed
gun
back
saying
say
wo
get
hurt
took
rear
store
told
open
cash
register
took
money
ordered
part
store
box
springs
mattresses
stacked
wall
time
turman
appeared
back
door
turman
screamed
man
reached
across
right
shoulder
shot
turman
eyes
turman
fell
backwards
one
foot
partially
building
ordering
turman
move
man
tried
pull
turman
building
close
door
one
turman
feet
caught
door
man
left
turman
faceup
rain
told
turman
get
floor
approximately
five
feet
husband
lay
dying
begged
go
husband
told
remove
false
teeth
unzipped
pants
unbuckled
belt
demanded
turman
perform
oral
sex
began
cry
lord
mercy
told
get
go
towards
front
store
meanwhile
neighbor
family
arnolds
became
aware
something
happened
turman
mother
sent
son
phillip
employee
furniture
store
help
phillip
reached
back
door
saw
turman
lying
partially
building
phillip
opened
door
take
turman
body
inside
turman
shouted
phillip
go
back
phillip
know
meant
asked
man
help
get
turman
inside
replied
sure
buddy
help
phillip
looked
man
pointing
gun
face
pulled
trigger
gun
misfired
pulled
trigger
shot
phillip
mouth
phillip
started
run
away
shot
neck
still
running
shot
third
time
side
despite
wounds
phillip
managed
stumble
home
neighbor
edith
hill
husband
call
ambulance
tried
stop
phillip
bleeding
helping
phillip
saw
late
model
green
chevrolet
leave
store
head
towards
tampa
state
highway
phillip
survived
incident
turman
never
regained
consciousness
died
later
night
minutes
murder
petitioner
driving
towards
tampa
highway
miles
away
furniture
store
furlough
florida
prison
driving
car
borrowed
girl
friend
tampa
driving
fast
wet
road
petitioner
testified
came
line
cars
lane
unable
slow
attempted
pass
forced
road
avoid
collision
oncoming
car
petitioner
crashed
telephone
pole
driver
oncoming
car
john
stone
stopped
car
went
petitioner
see
help
stone
testified
approached
car
petitioner
zipping
pants
buckling
belt
police
crash
site
later
identified
petitioner
car
chevrolet
impala
greenish
golden
brown
color
petitioner
paid
bystander
give
ride
tampa
petitioner
later
returned
wrecker
find
car
towed
away
police
time
police
arrived
scene
accident
petitioner
left
fact
car
matched
description
car
leaving
scene
murder
accident
occurred
within
three
miles
furniture
store
within
minutes
murder
led
police
suspect
car
driven
murderer
searched
area
officer
found
pistol
revolver
feet
crash
site
arrangement
shells
within
chambers
exactly
matched
pattern
found
murder
weapon
one
shot
one
misfire
followed
three
shots
live
shell
remaining
next
chamber
fired
specialist
federal
bureau
investigation
examined
pistol
testified
smith
wesson
special
revolver
manufactured
standard
later
sent
england
rebored
making
much
rarer
type
gun
standard
examination
bullet
killed
turman
revealed
came
smith
wesson
special
day
following
murder
petitioner
arrested
girl
friend
house
tampa
days
later
turman
identified
preliminary
hearing
husband
murderer
phillip
arnold
selected
petitioner
picture
spread
six
photographs
man
shot
time
public
defender
appointed
represent
petitioner
petitioner
arguments
relate
incidents
course
trial
taken
together
relevant
facts
chronological
order
iii
petitioner
contends
one
member
venire
murphy
excluded
improperly
test
enunciated
wainwright
witt
case
modified
opinion
witherspoon
illinois
witherspoon
held
potential
jurors
may
excused
cause
opposition
death
penalty
automatically
vote
sentence
death
impaired
task
determining
defendant
guilt
witt
held
proper
test
whether
juror
views
capital
punishment
prevent
substantially
impair
performance
duties
juror
accordance
instructions
oath
quoting
adams
texas
witt
also
made
clear
trial
judge
determination
potential
juror
impermissibly
biased
factual
finding
entitled
presumption
correctness
petitioner
argument
issue
relies
solely
wording
question
trial
asked
murphy
excluding
asked
moral
religious
conscientious
moral
religious
principles
opposition
death
penalty
strong
unable
without
violating
principles
vote
recommend
death
penalty
regardless
facts
app
petitioner
argues
question
correctly
state
relevant
legal
standard
witt
makes
clear
however
inquiry
end
mechanical
recitation
single
question
answer
therefore
examine
context
surrounding
murphy
exclusion
determine
whether
trial
decision
murphy
beliefs
substantially
impair
performance
duties
juror
fairly
supported
record
voir
dire
prior
individual
questioning
point
trial
spoke
entire
venire
including
murphy
saying
going
ask
individually
question
listen
carefully
want
know
strong
religious
moral
conscientious
principles
opposition
death
penalty
unwilling
vote
return
advisory
sentence
recommending
death
sentence
even
though
facts
presented
law
require
recommendation
understand
question
repeatedly
stated
correct
standard
questioning
individual
members
venire
murphy
present
heard
ask
proper
witherspoon
question
many
instances
questioning
murphy
seated
jury
box
first
asked
murphy
occupation
learned
retired
spent
eight
years
retirement
working
administration
office
pios
seminary
previously
noted
asked
moral
religious
conscientious
moral
religious
principles
opposition
death
penalty
strong
unable
without
violating
principles
vote
recommend
death
penalty
regardless
facts
murphy
responded
yes
excused
precise
wording
question
asked
murphy
answer
gave
compel
conclusion
circumstance
recommend
death
penalty
witt
recognized
determinations
juror
bias
reduced
sessions
obtain
results
manner
catechism
trial
aided
undoubtedly
assessment
potential
juror
demeanor
obligation
determine
whether
murphy
views
prevent
substantially
impair
performance
duties
juror
making
determination
trial
take
account
fact
murphy
present
throughout
entire
series
questions
made
purpose
meaning
witt
inquiry
absolutely
clear
specific
objection
made
excusal
murphy
defense
counsel
perceive
previously
need
question
viewing
record
voir
dire
entirety
agree
reasoning
appeals
trial
decision
exclude
juror
proper
iv
petitioner
next
contends
prosecution
closing
argument
stage
trial
rendered
conviction
fundamentally
unfair
deprived
sentencing
determination
reliability
eighth
amendment
requires
helpful
initial
matter
place
remarks
context
closing
argument
came
end
several
days
trial
state
procedural
rule
petitioner
counsel
opportunity
present
initial
summation
well
rebuttal
prosecutors
closing
arguments
prosecutors
comments
must
evaluated
light
defense
argument
preceded
blamed
polk
county
sheriff
office
lack
evidence
alluded
death
penalty
characterized
perpetrator
crimes
animal
contained
counsel
personal
opinion
strength
state
evidence
prosecutors
made
closing
argument
argument
deserves
condemnation
received
every
review
although
held
argument
rendered
trial
unfair
several
comments
attempted
place
blame
crime
division
corrections
darden
weekend
furlough
prison
sentence
crime
occurred
comments
implied
death
penalty
guarantee
future
similar
act
others
incorporated
defense
use
word
animal
prosecutor
mcdaniel
made
several
offensive
comments
reflecting
emotional
reaction
case
comments
undoubtedly
improper
district
original
panel
appeals
whose
opinion
issue
still
stands
recognized
enough
prosecutors
remarks
undesirable
even
universally
condemned
darden
wainwright
relevant
question
whether
prosecutors
comments
infected
trial
unfairness
make
resulting
conviction
denial
due
process
donnelly
dechristoforo
moreover
appropriate
standard
review
claim
writ
habeas
corpus
narrow
one
due
process
broad
exercise
supervisory
power
standard
review
agree
reasoning
every
consider
comments
deprive
petitioner
fair
trial
prosecutors
argument
manipulate
misstate
evidence
implicate
specific
rights
accused
right
counsel
right
remain
silent
see
darden
wainwright
much
objectionable
content
invited
responsive
opening
summation
defense
explained
young
idea
invited
response
used
excuse
improper
comments
determine
effect
trial
whole
trial
instructed
jurors
several
times
decision
made
basis
evidence
alone
arguments
counsel
evidence
weight
evidence
petitioner
heavy
overwhelming
eyewitness
circumstantial
evidence
support
finding
guilt
charges
reduced
likelihood
jury
decision
influenced
argument
finally
defense
counsel
made
tactical
decision
present
witness
petitioner
decision
permitted
give
summation
prior
prosecution
closing
argument
also
gave
opportunity
make
final
rebuttal
argument
defense
counsel
able
use
opportunity
rebuttal
effectively
turning
much
prosecutors
closing
argument
placing
many
prosecutors
comments
actions
light
likely
engender
strong
disapproval
result
inflamed
passions
petitioner
reasons
agree
district
darden
trial
perfect
neither
fundamentally
unfair
petitioner
contends
denied
effective
assistance
counsel
sentencing
phase
trial
claim
must
evaluated
test
announced
strickland
washington
first
petitioner
must
show
counsel
representation
fell
objective
standard
reasonableness
second
petitioner
must
show
reasonable
probability
counsel
unprofessional
errors
result
proceeding
different
petitioner
argues
trial
counsel
delve
sufficiently
background
result
unprepared
present
mitigating
evidence
sentencing
hearing
initial
matter
petitioner
contends
trial
counsel
devoted
time
close
guilt
phase
trial
start
penalty
phase
approximately
hour
preparing
case
mitigation
argument
without
merit
defense
counsel
engaged
extensive
preparation
prior
trial
manner
included
preparation
sentencing
jack
johnson
head
public
defender
office
time
stated
habeas
expended
hundreds
hours
petitioner
behalf
trying
represent
tr
habeas
corpus
proceedings
office
worked
hard
case
mr
goodwill
experienced
criminal
trial
lawyer
testified
spent
time
case
spent
capital
case
involved
probably
time
case
ever
involved
supp
app
included
time
investigating
petitioner
alibi
driving
petitioner
around
scene
events
establish
point
story
counsel
obtained
psychiatric
report
petitioner
eye
toward
using
mitigation
sentencing
counsel
also
learned
pretrial
preparation
turman
opposed
death
penalty
considered
possibility
putting
stand
sentencing
phase
record
clearly
indicates
great
deal
time
effort
went
defense
case
significant
portion
time
devoted
preparation
sentencing
petitioner
also
claims
trial
counsel
interpreted
stat
statutory
list
mitigating
factors
exclusive
list
contends
failure
introduce
evidence
mitigation
result
interpretation
statute
thereby
deprived
effective
assistance
counsel
express
view
reasonableness
interpretation
florida
law
case
trial
specifically
informed
petitioner
counsel
prior
sentencing
phase
trial
go
factors
might
really
pertinent
full
consideration
case
analysis
family
situation
causes
anything
else
might
pertinent
appropriate
sentence
tr
point
even
counsel
previously
believed
list
exclusive
knew
free
offer
nonstatutory
mitigating
evidence
chose
recognized
strickland
judicial
scrutiny
counsel
performance
must
highly
deferential
fair
assessment
attorney
performance
requires
every
effort
made
eliminate
distorting
effects
hindsight
reconstruct
circumstances
counsel
challenged
conduct
evaluate
conduct
counsel
perspective
time
particular
must
indulge
strong
presumption
counsel
conduct
falls
within
wide
range
reasonable
professional
assistance
defendant
must
overcome
presumption
circumstances
challenged
action
might
considered
sound
trial
strategy
quoting
michel
louisiana
case
several
reasons
counsel
reasonably
chosen
rely
simple
plea
mercy
petitioner
attempt
portray
petitioner
nonviolent
man
opened
door
state
rebut
evidence
petitioner
prior
convictions
evidence
previously
admitted
evidence
trial
counsel
reasonably
viewed
particularly
damaging
head
public
defenders
office
testified
habeas
corpus
hearing
petitioner
jails
prisons
adult
life
tr
habeas
corpus
proceedings
petitioner
example
previously
convicted
assault
intent
commit
rape
darden
state
app
addition
defense
counsel
attempted
offer
testimony
petitioner
incapable
committing
crimes
issue
state
responded
psychiatric
report
indicated
petitioner
well
committed
crime
recall
psychiatrist
term
sociopathic
type
personality
act
entirely
impulse
premeditation
standpoint
planning
situation
arose
decision
made
simultaneously
commit
act
supp
app
testimony
mr
goodwill
reason
consultation
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