[Download] "Robert Ike Combs v. State Florida" by Supreme Court of Florida # Book PDF Kindle ePub Free
eBook details
- Title: Robert Ike Combs v. State Florida
- Author : Supreme Court of Florida
- Release Date : January 18, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Robert Ike Combs appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion to vacate his conviction and sentence of death. We have jurisdiction. Art. V., ? 3(b)(1), Fla. Const. In summary, we find that the United States Supreme Courts recent decision in Hitchcock v. Dugger, 481 U.S. 393 107 S. Ct. 1821, 95 L. Ed. 2d 347 (1987), requires us to grant Combs a new sentencing proceeding before a new jury. We reject, however, Combs contention that the portion of Floridas standard jury instruction which informs jurors that their recommendation is "advisory," together with similar comments made by the prosecutor to that effect, violates Caldwell v. Mississippi, 472 U.S. 320, 86 L. Ed. 2d 231, 105 S. Ct. 2633 (1985). In so holding, we refuseto apply the Eleventh Circuits decisions in Mann v. Dugger, 817 F.2d 1471, rehg granted and opinion vacated, 828 F.2d 1498 (11th Cir. 1987), and Adams v. Wainwright, 804 F.2d 1526 (11th Cir. 1986), modified, 816 F.2d 1493 (11th Cir. 1987), petition for cert. filed, 56 U.S.L.W. 3094 (U.S. Jul. 20, 1987) (No. 87-121). We fully address this latter issue because it affects the retrial of this case and the criticized jury instruction is part of the standard jury instructions that have been used in almost every Florida death-penalty case since 1976.