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Supreme Court of Florida


Merck v. State of Florida, SC04-1902

A death sentence for first-degree murder is affirmed over claims that: 1) the trial court improperly excluded evidence relating to defendant's presumptive parole release date; 2) it also improperly excluded evidence that was relevant to the nature and circumstances of the offense, had bearing on the finding of an aggravating factor, and could have been the basis of additional mitigating factors; 3) the prosecutor's closing argument included improper remarks; 4) the trial court failed to find or gave too little weight to mitigating factors; 5) the death sentence was disproportionate; and 6) Florida's capital sentencing scheme violates Apprendi and Ring.

Appellate Information

  • Decided 12/06/2007
  • Published 12/06/2007

Judges

  • PER CURIAM.

Court

  • Supreme Court of Florida

Counsel

  • For Appellant:
  • James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, for Appellant.

  • For Appellees:
  • Bill McCollum, Attorney General, Tallahassee, Florida, and Robert J. Landry, Assistant Attorney General, Tampa, Florida, for Appellee.
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