Answer Brief of Appellee - Florida State University College of Law

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Vining v. State, 637 So. 2d 921 (Fla. 1994) ............................ 27, 28 Walls v. State, 641 So. 2d 381 (Fla. 1994) ................................ 39 Willacy v. State, 696 So. 2d 693 (Fla. 1997) ................................ 32 Windom v. State, 656 So. 2d 432 (Fla. 1995) ................................ 28 MISCELLANEOUS Federal Rule of Evidence 803.18 ............................. 52 Fla. State Stat. §90.107 .................................... 30 Fla. State Stat § 90.706 ................................ 51, 52 Fla. State Stat § 90.803 .................................... 52 http://grants2nih.gov/grants/hs/prisoners.htm ................ 50 Robin A. Hurley, M.D., L. Anne Hayman, M.D. & Katherine H. Taber, M.D., Clinical Imaging in Neuropsychiatry, in Textbook of Neuropsychiatry and Clinical Neurosciences 245, 295-96 (Stuart C. Yudofsky, M.D. & Robert E. Hales, M.D. ed., 4th Ed., 2002). ................................ 49 v
STATEMENT OF THE CASE Hoskins was convicted of first-degree murder and other crimes on March 21, 1994. (R990). On November 4, 1994, after a sentencing proceeding conducted in accordance with Florida law, Hoskins was sentenced to death. (R990-1). Hoskins appealed, and, in 1997, this Court affirmed his various convictions and remanded the case with instructions that a PET-scan be conducted and that, after the completion of that procedure, the Circuit court should conduct a hearing to determine if the PET-scan showed some abnormality in Hoskins’ brain and whether those results would cause Hoskins’ penalty phase mental state expert (Dr. Harry Krop) to change his testimony. Hoskins v. State, 702 So. 2d 202 (Fla. 1997); (R991). That hearing was conducted, and this Court ultimately vacated the sentence of death and remanded the case for a new penalty phase proceeding. Hoskins v. State, 735 So. 2d 1281 (Fla. 1999); (R991). The State filed a motion for a determination of the admissibility of the evidence under Frye v. United States, 293 F. 1013 (D.C. Cir. 1923) -- the Circuit Court issued its order overruling the State’s Frye objection on April 6, 2001. (R992). More than three years later, on July 19, 2004, the new penalty phase proceeding began. (R992). 1
Page 1 and 2: IN THE SUPREME COURT OF FLORIDA JOH
Page 3 and 4: TABLE OF AUTHORITIES CASES Alston v
Page 5: Kearse v. State, 770 So. 2d 1119 (F
Page 9 and 10: analysis also confirmed the presenc
Page 11 and 12: Berger was found buried in a shallo
Page 13 and 14: ...” She was alive when she was h
Page 15 and 16: significant period of time after su
Page 17 and 18: In addition, he studies development
Page 19 and 20: Hoskins’ PET scan was conducted i
Page 21 and 22: Hoskins did not kill Berger “beca
Page 23 and 24: Bob Sarver (Undersheriff) was recal
Page 25 and 26: subject’s scan to the “normals
Page 27 and 28: the starting point for scaling purp
Page 29 and 30: Hoskins’ claim that his death sen
Page 31 and 32: Just the total number of them cause
Page 33 and 34: during voir dire of the jury panel.
Page 35 and 36: this Court approved the following j
Page 37 and 38: Hoskins requested modified jury ins
Page 39 and 40: are in the best position to assess
Page 41 and 42: INFLUENCE OF EXTREME MENTAL OR EMOT
Page 43 and 44: chip on his shoulder. How is the ch
Page 45 and 46: with an individual who has already
Page 47 and 48: Florida law supports the applicatio
Page 49 and 50: Weiss who did a neurological evalua
Page 51 and 52: psychiatry, neurology, neuropsychia
Page 53 and 54: developing his “normal” group w
Page 55 and 56: the physical administration of the
Page 57 and 58:
35 1093, 1177). However, there is n
Page 59:
CERTIFICATE OF SERVICE I HEREBY CER
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Answer Brief of Appellee - Florida State University College of Law

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