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Kilgore v. State

Citations

  • 55 So. 3d 487
  • 35 Fla. L. Weekly Supp. 665
  • 2010 Fla. LEXIS 1976
  • 2010 WL 4643043

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a defendant’s postconviction challenge to Florida’s method of execution was procedurally barred because it was not raised on direct appeal
  • reiterating that the capital defendant has no right under Atkins to a jury determination whether he is mentally retarded
  • holding a challenge to the constitutionality of rule 4–3.5(d)(4) procedurally barred in postconviction proceedings and noting moreover that “this Court has repeatedly rejected claims that Rule Regulating the Florida Bar 4–3.5(d)(4) is unconstitutional”
  • holding a challenge to the constitutionality of rule 4–3.5(d)(4) procedurally barred in postconviction proceedings and noting moreover that “this Court has repeatedly rejected claims that Rule Regulating the Florida Bar 4–3.5(d)(4) is unconstitutional”
  • “Kilgore has failed to demonstrate that the proffered evidence [of failure to ensure an adequate mental health evaluation was performed for trial] had a reasonable probability of changing the outcome, which is a probability sufficient to undermine our confidence in the verdict.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lewis, Polston, Labarga, Perry, Pariente, Quince

Read full opinion on CourtListener

Cited by

18 cases in this archive cite this case.

Cites

70 cases in this archive are cited by this case; the 20 most cited are listed.

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