enmund
florida
argued
march
decided
july
petitioner
codefendant
jury
trial
florida
convicted
murder
robbery
two
elderly
persons
farmhouse
sentenced
death
florida
affirmed
held
although
record
supported
inference
petitioner
person
car
parked
side
road
near
farmhouse
time
killings
waiting
help
robbers
killers
codefendant
another
escape
enough
florida
law
make
petitioner
constructive
aider
abettor
hence
principal
murder
upon
death
penalty
imposed
thus
irrelevant
petitioner
challenge
death
sentence
kill
present
killings
whether
intended
victims
killed
anticipated
lethal
force
might
used
effectuate
robbery
escape
held
imposition
death
penalty
upon
petitioner
inconsistent
eighth
fourteenth
amendments
pp
current
judgments
legislatures
juries
prosecutors
weigh
heavily
side
rejecting
capital
punishment
crime
issue
small
minority
eight
allow
death
penalty
imposed
solely
defendant
somehow
participated
robbery
course
murder
committed
take
attempt
intend
take
life
intend
lethal
force
employed
evidence
overwhelming
american
juries
repudiated
imposition
death
penalty
crimes
petitioner
statistics
demonstrating
juries
perhaps
prosecutors
consider
death
disproportionate
penalty
fall
within
petitioner
category
pp
robbery
serious
crime
deserving
serious
punishment
crime
grievous
affront
humanity
adequate
response
may
penalty
death
gregg
georgia
death
penalty
unique
severity
irrevocability
excessive
penalty
robber
take
human
life
focus
must
petitioner
culpability
committed
robbery
killings
kill
intend
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thus
culpability
different
robbers
killed
impermissible
state
treat
alike
attribute
petitioner
culpability
killed
victims
pp
neither
deterrence
capital
crimes
retribution
sufficient
justification
executing
petitioner
unlikely
threat
death
penalty
murder
measurably
deter
one
petitioner
kill
intend
kill
retribution
depends
degree
petitioner
culpability
must
limited
participation
robbery
putting
death
avenge
two
killings
commit
intend
commit
cause
measurably
contribute
retribution
end
ensuring
criminal
gets
deserts
pp
white
delivered
opinion
brennan
marshall
blackmun
stevens
joined
brennan
filed
concurring
opinion
post
filed
dissenting
opinion
burger
powell
rehnquist
joined
post
james
liebman
argued
cause
pro
hac
vice
petitioner
briefs
william
mclain
jack
greenberg
james
nabrit
iii
joel
berger
john
charles
boger
deborah
fins
anthony
amsterdam
lawrence
kaden
assistant
attorney
general
florida
argued
cause
pro
hac
vice
respondent
brief
jim
smith
attorney
general
george
georgieff
raymond
marky
assistant
attorneys
general
daniel
popeo
paul
kamenar
nicholas
calio
filed
brief
washington
legal
foundation
amicus
curiae
urging
affirmance
robert
corbin
attorney
general
arizona
william
schaffer
iii
bruce
ferg
assistant
attorneys
general
filed
brief
arizona
et
al
amici
curiae
justice
white
delivered
opinion
facts
case
taken
principally
opinion
florida
follows
april
approximately
thomas
eunice
kersey
aged
robbed
fatally
shot
farmhouse
central
florida
evidence
showed
sampson
jeanette
armstrong
gone
back
door
kersey
house
asked
water
overheated
car
kersey
came
house
sampson
armstrong
grabbed
pointed
gun
told
jeanette
armstrong
take
money
kersey
cried
help
wife
came
house
gun
shot
jeanette
armstrong
wounding
sampson
armstrong
perhaps
jeanette
armstrong
shot
killed
kerseys
dragged
kitchen
took
money
fled
two
witnesses
testified
drove
past
kersey
house
saw
large
car
parked
beside
road
yards
house
man
sitting
car
another
witness
testified
approximately
saw
ida
jean
shaw
petitioner
wife
jeanette
armstrong
mother
driving
yellow
buick
vinyl
top
belonged
petitioner
earl
enmund
enmund
passenger
car
along
unidentified
woman
witness
saw
car
return
high
rate
speed
enmund
driving
ida
jean
shaw
front
seat
one
two
people
car
lying
across
back
seat
enmund
sampson
armstrong
jeanette
armstrong
indicted
murder
robbery
kerseys
enmund
sampson
armstrong
tried
together
prosecutor
maintained
closing
argument
sampson
armstrong
killed
old
people
record
judge
instructed
jury
killing
human
engaged
perpetration
attempt
perpetrate
offense
robbery
murder
first
degree
even
though
premeditated
design
intent
kill
app
went
instruct
order
sustain
conviction
first
degree
murder
engaging
perpetration
attempted
perpetration
crime
robbery
evidence
must
establish
beyond
reasonable
doubt
defendant
actually
present
actively
aiding
abetting
robbery
attempted
robbery
unlawful
killing
occurred
perpetration
attempted
perpetration
robbery
florida
affirmed
enmund
conviction
sentences
found
direct
evidence
trial
earl
enmund
present
back
door
kersey
home
plan
rob
elderly
couple
led
murdered
however
rejected
petitioner
argument
found
guilty
murder
florida
rule
explained
interaction
felony
murder
rule
law
principals
combine
make
felon
generally
responsible
lethal
acts
quoting
adams
state
cert
denied
although
petitioner
convicted
murder
accessory
fact
rather
principal
florida
reasoned
evidence
degree
participation
jury
likely
inference
person
car
side
road
near
scene
crimes
jury
concluded
hundred
feet
away
waiting
help
robbers
escape
kerseys
money
evidence
therefore
sufficient
find
appellant
principal
second
degree
constructively
present
aiding
abetting
commission
crime
robbery
conclusion
supports
verdicts
murder
first
degree
basis
felony
murder
portion
section
granted
enmund
petition
certiorari
presenting
question
whether
death
valid
penalty
eighth
fourteenth
amendments
one
neither
took
life
attempted
take
life
intended
take
life
ii
recounted
florida
held
record
supported
inference
enmund
person
car
side
road
time
killings
waiting
help
robbers
escape
enough
florida
law
make
enmund
constructive
aider
abettor
hence
principal
murder
upon
death
penalty
imposed
thus
irrelevant
enmund
challenge
death
sentence
kill
present
killings
also
beside
point
whether
intended
kerseys
killed
anticipated
lethal
force
might
used
necessary
effectuate
robbery
safe
escape
concluded
imposition
death
penalty
circumstances
inconsistent
eighth
fourteenth
amendments
cruel
unusual
punishments
clause
eighth
amendment
directed
part
punishments
excessive
length
severity
greatly
disproportioned
offenses
charged
weems
quoting
vermont
field
dissenting
recently
held
punishment
excessive
relation
crime
charged
coker
georgia
plurality
opinion
concluded
imposition
death
penalty
rape
adult
woman
grossly
disproportionate
excessive
punishment
crime
rape
therefore
forbidden
eighth
amendment
cruel
unusual
punishment
reaching
conclusion
stressed
judgment
informed
objective
factors
maximum
possible
extent
ibid
accordingly
looked
historical
development
punishment
issue
legislative
judgments
international
opinion
sentencing
decisions
juries
made
bringing
judgment
bear
matter
proceed
analyze
punishment
issue
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similar
manner
coker
plurality
observed
time
last
years
majority
authorized
death
punishment
rape
importantly
reenacting
death
penalty
laws
order
satisfy
criteria
established
furman
georgia
three
provided
death
penalty
rape
adult
woman
revised
statutes
plurality
therefore
concluded
current
judgment
respect
death
penalty
rape
wholly
unanimous
among
state
legislatures
obviously
weighs
heavily
side
rejecting
capital
punishment
suitable
penalty
raping
adult
woman
omitted
state
federal
jurisdictions
presently
authorize
death
penalty
eight
jurisdictions
authorize
imposition
death
penalty
solely
participation
robbery
another
robber
takes
life
remaining
jurisdictions
felony
murder
capital
crime
eleven
require
culpable
mental
state
respect
homicide
prerequisite
conviction
crime
death
penalty
authorized
make
knowing
intentional
purposeful
premeditated
killing
element
capital
murder
three
require
proof
culpable
mental
state
short
intent
recklessness
extreme
indifference
human
life
death
penalty
may
imposed
therefore
actors
felony
murder
subject
death
penalty
without
proof
mental
state
proof
required
respect
enmund
either
trial
instructions
law
announced
florida
four
additional
jurisdictions
permit
defendant
enmund
put
death
one
state
flatly
prohibits
capital
punishment
cases
defendant
actually
commit
murder
two
jurisdictions
preclude
death
penalty
cases
one
defendant
principal
offense
committed
another
participation
relatively
minor
although
minor
constitute
defense
prosecution
one
state
limits
death
penalty
felony
murders
narrow
circumstances
involved
nine
remaining
deal
imposition
death
penalty
vicarious
felony
murder
capital
sentencing
statutes
defendant
may
executed
solely
participating
felony
person
killed
defendant
actually
cause
victim
death
defendant
executed
typically
statutory
aggravating
circumstances
present
must
outweigh
mitigating
factors
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vicarious
felony
murderer
may
sentenced
death
jurisdictions
absent
intent
kill
sufficient
aggravating
circumstances
present
however
six
nine
make
statutory
mitigating
circumstance
defendant
accomplice
capital
felony
committed
another
person
participation
relatively
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participation
capital
felony
committed
another
person
mitigating
circumstance
sentencing
statutes
reduce
likelihood
person
executed
vicarious
felony
murder
remaining
three
jurisdictions
exclude
felony
murder
lists
aggravating
circumstances
support
death
sentence
nine
nontriggerman
guilty
felony
murder
sentenced
death
felony
murder
absent
aggravating
circumstances
beyond
felony
murder
thus
small
minority
jurisdictions
eight
allow
death
penalty
imposed
solely
defendant
somehow
participated
robbery
course
murder
committed
even
nine
included
defendant
executed
unintended
felony
murder
sufficient
aggravating
circumstances
present
outweigh
mitigating
circumstances
often
include
defendant
minimal
participation
murder
third
american
jurisdictions
ever
permit
defendant
somehow
participated
robbery
murder
occurred
sentenced
die
moreover
eight
enacted
new
death
penalty
statutes
since
none
authorize
capital
punishment
circumstances
current
legislative
judgment
respect
imposition
death
penalty
defendant
take
life
attempt
take
intend
take
life
neither
wholly
unanimous
among
state
legislatures
coker
georgia
compelling
legislative
judgments
considered
coker
nevertheless
weighs
side
rejecting
capital
punishment
crime
issue
society
rejection
death
penalty
accomplice
liability
felony
murders
also
indicated
sentencing
decisions
juries
made
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observed
jury
significant
reliable
objective
index
contemporary
values
directly
involved
coker
georgia
supra
quoting
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georgia
evidence
overwhelming
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juries
repudiated
imposition
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penalty
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first
according
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reported
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cases
defendant
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shows
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committed
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facts
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determine
whether
person
executed
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felony
murderer
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six
executions
took
place
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executions
rape
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coker
georgia
juries
rejected
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penalty
cases
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defendant
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present
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assault
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sentenced
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victim
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victim
figures
florida
similar
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murderers
currently
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row
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trial
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life
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cases
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respect
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enmund
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florida
cases
dissent
criticizes
statistics
ground
reveal
percentage
homicides
charged
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murders
percentage
cases
state
sought
death
penalty
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felony
murder
post
doubt
whether
possible
gather
information
rate
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prosecutors
rarely
sought
death
penalty
accomplice
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murder
tend
indicate
prosecutors
represent
society
interest
punishing
crime
consider
death
penalty
excessive
accomplice
felony
murder
fact
remains
aware
single
person
convicted
felony
murder
past
quarter
century
kill
attempt
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intend
death
victim
executed
three
persons
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presently
sentenced
die
figures
discounted
attributing
petitioner
argument
death
unconstitutional
penalty
absent
intent
kill
post
observing
statistics
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respect
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argument
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death
penalty
disproportionate
applied
statistics
cites
adequately
tailored
demonstrate
juries
perhaps
prosecutors
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consider
death
disproportionate
penalty
fall
within
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iii
although
judgments
legislatures
juries
prosecutors
weigh
heavily
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us
ultimately
judge
whether
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amendment
permits
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penalty
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enmund
aids
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take
place
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force
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concluded
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legislatures
juries
doubt
robbery
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crime
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punishment
however
crime
grievous
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humanity
adequate
response
may
penalty
death
gregg
georgia
omitted
compare
murder
involve
unjustified
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human
life
although
may
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another
crime
robbery
definition
include
death
even
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injury
another
person
murderer
kills
robber
life
victim
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life
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repair
coker
georgia
omitted
said
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abiding
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penalty
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georgia
supra
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penalty
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penalty
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shot
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requirement
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sentence
lockett
ohio
omitted
means
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focus
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offender
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north
carolina
enmund
kill
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kill
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law
death
authorized
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enmund
aided
abetted
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murder
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impermissible
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amendment
gregg
georgia
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announcing
judgment
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death
penalty
said
serve
two
principal
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retribution
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penalty
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enmund
position
measurably
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goals
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georgia
supra
quite
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threat
death
penalty
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measurably
deter
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purpose
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punishment
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fisher
frankfurter
dissenting
person
intend
life
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contemplate
lethal
force
employed
others
possibility
death
penalty
imposed
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felony
murder
enter
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calculus
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gregg
georgia
supra
omitted
different
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substantial
one
share
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competent
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basis
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death
frequently
occurs
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killing
essential
ingredient
death
penalty
considered
justifiable
deterrent
felony
model
penal
code
comment
conclusion
based
three
comparisons
robbery
statistics
showed
one
percent
robberies
resulted
homicide
recent
national
crime
statistics
strongly
support
conclusion
addition
evidence
killings
rarely
occur
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fact
already
noted
however
often
death
occurs
course
felony
robbery
death
penalty
rarely
imposed
one
vicariously
guilty
murder
fact
attenuates
possible
utility
effective
deterrence
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justification
executing
enmund
think
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degree
enmund
culpability
enmund
intentions
expectations
actions
american
criminal
law
long
considered
defendant
intention
therefore
moral
guilt
critical
degree
criminal
culpability
mullaney
wilbur
found
criminal
penalties
unconstitutionally
excessive
absence
intentional
wrongdoing
robinson
california
statute
making
narcotics
addiction
crime
even
though
addiction
apparently
illness
may
contracted
innocently
involuntarily
struck
eighth
amendment
similarly
weems
invalidated
statute
making
crime
public
official
make
false
entry
public
record
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offender
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inten
injure
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approach
godfrey
georgia
reversing
death
sentence
based
existence
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materially
depraved
person
guilty
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imposing
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penalty
enmund
criminal
culpability
must
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punishment
must
tailored
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responsibility
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guilt
putting
enmund
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avenge
two
killings
commit
intention
committing
causing
measurably
contribute
retributive
end
ensuring
criminal
gets
deserts
judgment
legislatures
recently
addressed
matter
reason
disagree
judgment
purposes
construing
applying
eighth
amendment
iv
florida
affirmed
death
penalty
case
absence
proof
enmund
killed
attempted
kill
regardless
whether
enmund
intended
contemplated
life
taken
reverse
judgment
upholding
death
penalty
remand
proceedings
inconsistent
opinion
ordered
footnotes
florida
understanding
evidence
differed
sharply
trial
respect
degree
enmund
participation
sentencing
findings
trial
concluded
enmund
major
participant
robbery
planned
robbery
advance
shot
kerseys
findings
understand
rejected
florida
holding
supportable
inference
respect
enmund
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drove
getaway
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best
however
unclear
fraction
jury
nullification
country
resulted
dissatisfaction
capital
rule
much
surely
reaction
mandatory
death
penalty
failure
common
law
early
state
statutes
classify
murder
degree
fact
response
juror
attitudes
toward
capital
punishment
jurisdictions
early
part
century
replaced
mandatory
death
penalty
statutes
statutes
allowing
juries
discretion
decide
whether
impose
recommend
death
penalty
see
woodson
north
carolina
opinion
stewart
powell
stevens
thus
simply
possible
conclude
historically
country
conclusively
rejected
capital
punishment
homicides
committed
course
felony
petitioner
turn
jury
verdicts
effort
show
present
standards
least
capital
punishment
grossly
proportion
crimes
petitioner
committed
surveying
reported
appellate
opinions
since
involving
executions
petitioner
found
individuals
executed
homicide
personally
committed
homicidal
assault
two
others
another
person
commit
homicide
behalf
six
persons
executed
similar
trend
seen
petitioner
survey
current
death
row
population
prisoners
sufficient
data
available
participate
homicidal
assault
including
petitioner
sentenced
death
absent
finding
collaborated
killer
specific
plan
kill
brief
petitioner
see
also
app
reply
brief
petitioner
showing
felony
murderers
currently
death
row
florida
found
state
trial
intent
kill
cases
state
courts
made
finding
defendant
triggerman
petitioner
case
defendant
triggerman
finding
intent
kill
impressive
statistics
first
glance
accepted
uncritically
stated
data
reveal
number
fraction
homicides
charged
felony
murders
number
fraction
cases
state
sought
death
penalty
accomplice
guilty
felony
murder
consequently
know
fraction
cases
juries
rejected
death
penalty
accomplice
felony
murder
moreover
justice
blackmun
pointed
concurring
opinion
lockett
ohio
many
data
classify
defendants
whether
personally
committed
homicidal
assault
show
fraction
capital
defendants
shown
intent
kill
petitioner
relies
fact
pull
trigger
principal
argument
must
death
unconstitutional
penalty
absent
intent
kill
otherwise
defendants
hire
others
kill
escape
death
penalty
see
supra
thus
data
presents
entirely
relevant
even
accepting
petitioner
facts
meaningful
may
reflect
sentencers
especially
cautious
imposing
death
penalty
reserve
punishment
defendants
sufficiently
involved
homicide
whether
specific
intent
kill
finally
petitioner
acknowledges
jury
verdict
statistics
viewed
isolation
state
death
penalty
legislation
petitioner
therefore
review
recent
legislation
order
support
conclusion
society
rejected
capital
felony
murder
presently
death
penalty
however
fully
authorize
sentencer
impose
death
sentence
death
occurs
course
robbery
uniform
delimiting
circumstances
death
penalty
may
imposed
felony
murder
state
statute
classified
one
three
types
first
category
containing
statutes
includes
permit
imposition
death
penalty
felony
murder
even
though
defendant
commit
homicidal
act
even
though
actual
intent
kill
three
additional
requiring
finding
intent
require
intent
kill
petitioner
believes
constitutionally
mandated
death
sentence
may
imposed
second
category
containing
seven
statutes
includes
authorize
death
penalty
defendant
specific
intent
rough
equivalent
kill
victim
third
class
statutes
three
restricts
application
death
penalty
felony
murderers
actually
commit
homicide
curious
method
counting
authorize
imposition
death
penalty
felony
murder
hide
fact
permit
sentencer
impose
death
penalty
even
though
felony
murderer
neither
killed
intended
kill
victim
acknowledges
eight
state
statutes
follow
florida
death
penalty
scheme
see
ante
also
concedes
statutes
permit
imposition
death
penalty
defendant
neither
intended
kill
actually
killed
victims
see
ante
arkansas
delaware
kentucky
ante
new
mexico
ante
colorado
ante
vermont
ante
arizona
connecticut
indiana
montana
nebraska
north
carolina
ante
idaho
oklahoma
south
dakota
statutes
list
aggravating
circumstances
nevertheless
question
whether
particular
species
death
penalty
statute
unconstitutional
whether
scheme
permits
imposition
death
penalty
absent
finding
defendant
either
killed
intended
kill
victims
unconstitutional
short
peculiar
statutory
analysis
withstand
closer
scrutiny
thus
nearly
half
permit
death
penalty
murder
defendant
neither
killed
victim
specifically
intended
victim
die
may
sentenced
death
participation
far
weigh
ing
heavily
side
rejecting
capital
punishment
suitable
penalty
felony
murder
coker
georgia
legislative
judgments
indicate
evolving
standards
decency
still
embrace
capital
punishment
crime
reason
conclude
petitioner
failed
meet
standards
coker
woodson
two
crucial
indicators
evolving
standards
decency
jury
determinations
legislative
enactments
point
conclusively
repudiation
capital
punishment
felony
murder
emphasis
added
short
death
penalty
felony
murder
fall
short
national
standards
decency
noted
earlier
eighth
amendment
concept
proportionality
involves
merely
measurement
contemporary
standards
decency
requires
addition
penalty
imposed
capital
case
proportional
harm
caused
defendant
blameworthiness
critical
holding
coker
example
terms
moral
depravity
injury
person
public
rape
compare
murder
involve
unjustified
taking
human
life
although
disingenuously
seeks
characterize
enmund
robber
ante
disputed
responsible
along
sampson
jeanette
armstrong
murders
kerseys
dispute
lives
unjustifiably
taken
petitioner
one
aided
abetted
armed
robbery
legally
liable
deaths
quite
unlike
defendant
coker
petitioner
claim
penalty
imposed
grossly
proportion
harm
admittedly
least
partly
responsible
holding
today
especially
disturbing
makes
intent
matter
federal
constitutional
law
requiring
review
highly
subjective
definitional
problems
customarily
left
state
criminal
law
develop
eighth
amendment
meaning
intent
justice
blackmun
pointed
concurring
opinion
lockett
holding
substantially
interfere
individual
statutory
categories
assessing
legal
guilt
see
also
opinion
rehnquist
rejecting
idea
intent
kill
must
proved
state
impose
death
penalty
although
opinion
suggests
intent
ascertained
historical
fact
fact
legal
concept
easily
defined
thus
proportionality
requires
nexus
punishment
imposed
defendant
blameworthiness
fails
explain
eighth
amendment
concept
proportionality
requires
rejection
standards
blameworthiness
based
levels
intent
example
intent
commit
armed
robbery
coupled
knowledge
armed
robberies
involve
substantial
risk
death
serious
injury
persons
moreover
requirement
crudely
crafted
fails
take
account
complex
picture
defendant
knowledge
accomplice
intent
whether
armed
defendant
contribution
planning
success
crime
defendant
actual
participation
commission
crime
circumstances
determination
degree
blameworthiness
best
left
sentencer
sift
facts
unique
case
consequently
type
mens
rea
defendant
must
considered
carefully
assessing
proper
penalty
critical
factor
determining
blameworthiness
require
finding
intent
kill
order
impose
death
penalty
felony
murder
sum
petitioner
failed
show
contemporary
standards
reflected
jury
determinations
legislative
enactments
preclude
imposition
death
penalty
accomplice
felony
murder
moreover
examination
qualitative
factors
underlying
concept
proportionality
show
death
penalty
disproportionate
applied
earl
enmund
contrast
crime
coker
petitioner
crime
involves
type
harm
held
justifies
death
penalty
finally
unique
complex
mixture
facts
involving
defendant
actions
knowledge
motives
participation
commission
felony
murder
believe
factfinder
best
able
assess
defendant
blameworthiness
accordingly
conclude
death
penalty
disproportionate
crime
felony
murder
even
though
defendant
actually
kill
intend
kill
victims
iii
although
conclude
death
penalty
disproportionate
crime
felony
murder
believe
light
state
rejection
critical
factual
findings
previous
opinions
require
remand
new
sentencing
hearing
repeatedly
emphasized
capital
sentencing
decisions
must
focus
circumstances
individual
homicide
individual
defendant
proffitt
florida
opinion
stewart
powell
stevens
striking
mandatory
capital
punishment
statute
woodson
north
carolina
plurality
wrote
process
accords
significance
relevant
facets
character
record
individual
offender
circumstances
particular
offense
excludes
consideration
fixing
ultimate
punishment
death
possibility
compassionate
mitigating
factors
stemming
diverse
frailties
humankind
treats
persons
convicted
designated
offense
uniquely
individual
human
beings
members
faceless
undifferentiated
mass
subjected
blind
infliction
penalty
death
believe
capital
cases
fundamental
respect
humanity
underlying
eighth
amendment
requires
consideration
character
record
individual
offender
circumstances
particular
offense
constitutionally
indispensable
part
process
inflicting
penalty
death
given
imposition
death
public
authority
profoundly
different
penalties
avoid
conclusion
individualized
decision
essential
capital
cases
need
treating
defendant
capital
case
degree
respect
due
uniqueness
individual
far
important
noncapital
cases
nonavailability
corrective
modifying
mechanisms
respect
executed
capital
sentence
underscores
need
individualized
consideration
constitutional
requirement
imposing
death
sentence
omitted
sentencing
petitioner
trial
found
four
statutory
aggravating
circumstances
petitioner
convicted
previously
violent
felony
murders
committed
course
robbery
murders
committed
pecuniary
gain
murders
especially
heinous
atrocious
cruel
factual
findings
trial
stated
armed
robbery
planned
ahead
time
defendant
enmund
app
shot
victims
lay
prone
order
eliminate
witnesses
expressly
found
none
statutory
mitigating
circumstances
applied
petitioner
emphasis
original
among
findings
rejected
enmund
claim
participation
murders
relatively
minor
found
instead
participation
capital
felony
major
defendant
enmund
planned
capital
felony
actively
participated
attempt
avoid
detection
disposing
murder
weapons
ibid
florida
rejected
findings
part
noted
direct
evidence
trial
earl
enmund
present
back
door
kersey
home
plan
rob
elderly
couple
led
murdered
rather
evidence
degree
participation
jury
likely
inference
person
car
side
road
near
scene
crimes
jury
concluded
hundred
feet
away
waiting
help
robbers
escape
kersey
money
ibid
although
state
statutory
procedures
prevent
trial
judge
considering
mitigating
circumstances
trial
judge
view
facts
part
rejected
state
effectively
prevented
consideration
erroneous
belief
petitioner
shot
victims
lay
prone
position
order
eliminate
witnesses
trial
judge
necessarily
rejected
argument
offered
mitigation
petitioner
role
capital
felonies
minor
undeserving
death
penalty
petitioner
car
fatal
shots
fired
fundamental
misunderstanding
petitioner
role
crimes
prevented
trial
considering
circumstances
particular
offense
imposing
sentence
woodson
north
carolina
moreover
error
insignificant
sure
effect
sentencing
judge
decision
negligible
accordingly
vacate
decision
insofar
affirms
death
sentence
remand
case
new
sentencing
hearing
much
evidence
concerning
crimes
came
neal
sampson
armstrong
made
numerous
admissions
day
murders
see
record
neal
testified
armstrong
told
two
guns
involved
jeanette
one
sampson
autopsy
revealed
kersey
shot
twice
bullet
bullet
kersey
shot
six
times
bullets
identified
two
fired
gun
one
gun
according
firearms
expert
bullets
fired
gun
bullets
fired
gun
see
ida
jean
shaw
petitioner
wife
jeanette
armstrong
mother
later
given
immunity
prosecution
return
testimony
record
thomas
kersey
normally
kept
large
sums
money
wallet
indiscriminately
showed
cash
people
dealt
weeks
murder
kersey
revealed
contents
wallet
petitioner
bragged
time
dig
see
record
ida
jean
shaw
trial
testimony
contradicted
earlier
statements
police
police
initially
questioned
insisted
jeanette
shot
unknown
assailant
jeanette
traveling
nearby
town
later
gave
investigators
statement
implicating
petitioner
sampson
armstrong
murders
subsequently
gave
two
statements
repudiating
statement
implicating
petitioner
closing
argument
prosecutor
acknowledged
conflict
ida
jean
shaw
testimony
yellow
buick
morning
murders
testimony
witness
saw
car
shortly
murders
prosecutor
deemed
inconsistency
irrelevant
sentencing
hearing
prosecutor
theorized
petitioner
trigger
man
person
set
prosecutor
admitted
know
whether
petitioner
set
foot
inside
house
drove
set
planned
well
state
acknowledges
petitioner
apparently
triggerman
two
murders
involved
sic
case
brief
opposition
florida
time
kersey
murders
murder
defined
stat
unlawful
killing
human
perpetrated
premeditated
design
effect
death
person
killed
human
committed
person
engaged
perpetration
attempt
perpetrate
robbery
instructing
jury
murder
judge
read
provision
verbatim
record
also
added
killing
human
engaged
perpetration
attempt
perpetrate
offense
robbery
murder
first
degree
even
though
premeditated
design
intent
kill
distinguishing
felony
murder
judge
stated
order
sustain
conviction
first
degree
murder
engaging
perpetration
attempted
perpetration
crime
robbery
evidence
must
establish
beyond
reasonable
doubt
defendant
actually
present
actively
aiding
abetting
robbery
attempted
robbery
unlawful
killing
occurred
perpetration
attempted
perpetration
robbery
order
sustain
conviction
second
degree
murder
engaged
perpetration
attempted
perpetration
robbery
evidence
must
establish
beyond
reasonable
doubt
unlawful
killing
committed
perpetration
attempted
perpetration
robbery
defendant
actually
although
physically
present
time
commission
offense
nonetheless
procure
counsel
command
aid
another
commit
crime
motion
petitioner
prosecution
jeanette
armstrong
trial
severed
trial
codefendants
jeanette
armstrong
tried
first
convicted
two
counts
murder
one
count
robbery
trial
judge
sentenced
three
consecutive
life
sentences
florida
law
shall
conduct
separate
sentencing
proceeding
determine
whether
defendant
sentenced
death
life
imprisonment
stat
jury
renders
advisory
sentence
based
mitigating
aggravating
circumstances
sentencing
hearing
petitioner
presented
evidence
record
attorney
argued
death
penalty
inappropriate
evidence
showed
petitioner
saw
thomas
kersey
money
suggested
robbery
drove
armstrongs
kersey
house
also
argued
death
excessive
penalty
gunfight
spontaneous
beyond
petitioner
control
initially
trial
failed
make
written
findings
required
stat
first
state
appeal
florida
remanded
case
findings
see
app
regarding
extent
petitioner
involvement
trial
reasoned
two
different
guns
used
murders
jeanette
armstrong
seriously
wounded
gunfire
petitioner
must
fired
one
guns
moreover
since
kerseys
injured
bullet
type
petitioner
must
shot
victim
also
rejected
statutory
mitigating
circumstances
particular
petitioner
record
free
criminal
convictions
stat
evidence
acted
influence
extreme
mental
emotional
disturbance
evidence
victims
participants
consented
crimes
evidence
acted
extreme
duress
substantial
domination
another
person
evidence
petitioner
incapable
appreciating
criminality
conduct
conforming
conduct
requirements
law
years
old
time
offense
age
mitigating
factor
app
trial
made
nearly
identical
findings
sampson
armstrong
particular
found
murders
committed
course
robbery
committed
pecuniary
gain
especially
heinous
atrocious
cruel
see
armstrong
state
trial
considered
possible
mitigating
circumstance
armstrong
age
actually
find
fact
mitigating
see
factor
age
given
consideration
finding
aggravating
circumstances
outweighed
mitigating
circumstances
trial
judge
imposed
death
penalty
murder
conviction
imposed
life
sentence
robbery
florida
also
affirmed
convictions
sentences
sampson
armstrong
see
armstrong
state
supra
murder
based
felony
murder
defined
stat
hen
committed
perpetration
attempt
perpetrate
robbery
except
provided
subsection
shall
murder
second
degree
punishable
imprisonment
state
prison
life
term
years
may
determined
also
noted
sampson
armstrong
admissions
neal
made
mention
petitioner
petitioner
admissions
ida
jean
shaw
indicated
complicity
armstrong
florida
expressly
rejected
trial
conclusion
kerseys
murdered
order
eliminate
witnesses
simply
said
proof
robbers
killed
order
assure
witnesses
contrary
direct
account
transpired
testimony
neal
armstrong
statement
account
shootings
indeed
spontaneous
precipitated
armed
resistance
mrs
kersey
ibid
reaching
conclusion
state
also
rejected
trial
conclusions
derived
pathologist
testimony
rather
indicating
victims
prone
shot
pathologist
testimony
direction
fire
positions
victims
shot
equivocal
best
ibid
petitioner
neither
challenges
convictions
robbery
felony
murder
argues
state
overstepped
constitutional
bounds
defining
murder
include
felony
murder
petitioner
sole
challenge
penalty
imposed
murders
although
petitioner
ostensibly
relies
fact
triggerman
core
argument
death
penalty
disproportionate
crime
specific
intent
kill
kerseys
pulling
trigger
one
factor
albeit
significant
one
determining
intent
see
tr
oral
arg
counsel
petitioner
asserting
long
defendant
intent
kill
need
actually
pulled
trigger
order
subjected
capital
punishment
even
pulled
trigger
subject
death
penalty
absent
specific
intent
kill
eighth
amendment
provides
excessive
bail
shall
required
excessive
fines
imposed
cruel
unusual
punishments
inflicted
see
roberts
stanislaus
louisiana
holding
louisiana
mandatory
death
penalty
statute
violated
eighth
fourteenth
amendments
woodson
north
carolina
holding
state
mandatory
death
penalty
statute
violated
eighth
fourteenth
amendments
jurek
texas
upholding
texas
death
penalty
statute
proffitt
florida
upholding
florida
death
penalty
statute
one
case
since
gregg
upheld
challenged
death
sentence
see
dobbert
florida
holding
changes
death
penalty
statute
time
murder
sentencing
amount
ex
post
facto
violation
five
cases
vacated
death
sentence
sentencer
consider
mitigating
factors
proffered
defendant
see
roberts
harry
louisiana
per
curiam
lockett
ohio
plurality
opinion
bell
ohio
plurality
opinion
green
georgia
per
curiam
eddings
oklahoma
adopting
reasoning
lockett
plurality
holding
two
cases
reversed
judgments
affirming
death
sentences
jury
selected
violation
witherspoon
illinois
see
adams
texas
davis
georgia
per
curiam
five
cases
vacated
death
sentences
variety
reasons
unrelated
proportionality
punishment
crime
see
gardner
florida
plurality
opinion
due
process
violated
defendant
chance
explain
deny
information
given
sentencing
judge
godfrey
georgia
plurality
opinion
reversing
death
sentence
aggravating
circumstance
relied
upon
jury
tailored
avoid
arbitrary
capricious
infliction
death
penalty
beck
alabama
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