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Supreme Court of Florida· 7/16/2009

Mosley v. State

Citations

  • 46 So. 3d 510
  • 2009 Fla. LEXIS 1122
  • 2009 WL 2045387

How courts have described this case

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

  • holding that the State’s comments describing victim trying to breathe as she was being suffocated and noting victim’s opportunity to contemplate death were not improper because comments were based on facts in evidence
  • holding that defendant waived the spousal privilege because he did not have a reasonable expectation of privacy in a telephone conversation placed while incarcerated after receiving multiple warnings that the call would be monitored and recorded
  • holding that State’s comments describing victim trying to breathe as she was being suffocated and noting victim’s opportunity to contemplate death were not improper because comments were based on facts in evidence
  • explaining that improper golden rule arguments “are arguments that invite the jurors to place themselves in the victim’s position during the crime and imagine the victim’s suffering”
  • rejecting claim that a double murder automatically establishes the prior violent felony aggravator and noting that this Court has “consistently and repeatedly held that a contemporaneous conviction of a violent felony can be a basis for the prior violent felony aggravator”
  • “[W]e have condemned comments where the prosecutor states that the death penalty is sought only after the State Attorney’s Office determines that the particular case warrants the imposition of the death penalty.”

Source: CourtListener parenthetical corpus (CC0).

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

Read full opinion on CourtListener

Cited by

34 cases in this archive cite this case; the 20 most cited are listed.

Cites

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

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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