Fla. Stat, (1981) - Florida State University College of Law

CR, 6167 T, 58-7
Penalty (R. 16-31 , T. 35-37),, are adopted herein.
ImxrmNP'xxI
THE DEFQWANT'S SENTENCE OF DEATH cFv\sNoT
BE CARRIED QUT BEcaUSE DI?J'UH BY -ON
IS CRUEL AND/OR UNUSuaL PUNISHMENT, IN VIOLATION
OF THE EIGHTEI AND l3- To THE
U.S, CONSTITUTION AND ART1CI;E I, SECTION 17 OF
THE FLORIIA CONSTITUTION.
The argumnts and autharities contained in defendant's Wtion 73
Declare F. S. 922.10 Unconstitutional (R 68-70, T. 77-78), are adopted
herein.
THE TRIAL CoUrcT ~ U S L smcED Y THE
DEFEKDWT To DEATH ON COUNT 11, WHERE THE
JURY'S
IN FAVOR OF LIFE: WA5 WELL-
SlJF'FORTED BOTH IN FACT AND IN Lslw.
The Florida capital sentencing process contemplates that, after
receipt of the juryls reccBnmended sentence, the trial judge will Weigh evidence
of aggravating and mitigating circumstances in order to arrive at a reasoned
judgmznt as to the appropriate smtence to irrg?ose".
Sa.2d 1327, 1331 (Fla. 1981),
Brawn v. Wainwright, 392
A m ison of the evidence intmduced at the
trail and sentencing proceedings with the trial couTtls sentencing order
(R. 476-509) reveals findings of fact that are unsupportd by, if not contrary
to, the evidence, errmeom consideration of aggravating circzrmstances, and a
total disregard for mitigating circumstances and for the weight to be given a
jury advisory sentence.
At the trial of this cause, the defendant testified in his own behalf
and admitted being present when three wders were comnittd.
the hOanicide of Richard Padgett (Count I), was mmntradictedi the defendant's
version of the Murder of Nancy Sheppard (Count 111 was contradicted by Billy
Long, but supported by the testhny of other w2tnesses,
Page -73-
His version of
The defendant's version