Supreme Court of Florida

A death sentence imposed on defendant following a remand is affirmed over claims that: 1) the trial court erred in excusing for cause two jurors who were not sufficiently fluent in the English language without the aid of an interpreter; 2) fundamental error occurred when the jury heard and considered prejudicial testimony from a state witness; 3) the trial court erred in finding the aggravating factor of "vulnerability due to advanced age or disability" with regard to one murder; 4) the sentence of death was not proportional; 5) defendant was entitled to a life sentence because Florida's death penalty law violates his due process right and his right to a jury; and 6) execution by lethal injection constitutes cruel and unusual punishment.

Appellate Information

• Decided 05/01/2008
• Published 05/01/2008

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• James Marion Moorman, Public Defender, and Robert F. Moeller, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Appellant.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, and Carol M. Dittmar, Senior Assistant Attorney General, Tampa, FL, for Appellee.