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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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04/03/2017
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PETITION-AMENDMENT TO RULES (STAND JURY INSTR-CRIM)
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No petition filed. See opinion issued 4/13/17.
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04/03/2017
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No Fee Required
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04/13/2017
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DISP-AMENDED/ADOPTED
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FSC-OPINION: In light of chapter 2017-1, Laws of Florida, and our decision in Hurst, we hereby authorize on an interim basis the publication and use of jury instructions 3.12(e), 7.11, 7.11(a), and 7.12, as set forth in the appendix to this opinion. Certain language that previously appeared in jury instruction 7.11, unrelated to the portion of Florida's death penalty law that was deemed constitutionally problematic in Hurst v. Florida and Hurst-for example, the definitions of statutory aggravating factors-has been transferred to new instruction 7.11(a) without any substantive changes. In adopting these interim instructions, we express no opinion on their correctness and further note that this authorization forecloses neither requesting additional or alternative instructions, nor contesting the legal correctness of the instructions. New language is indicated by underlining, and deleted language is struck through. These interim instructions are authorized for use immediately and until further order of the Court.
We seek comments and suggestions on the interim instructions from the Committee, specifically with regard to those changes that are based upon chapter 2017-1, Laws of Florida, and Hurst. We further invite comments from any other interested persons regarding these specific aspects of the interim instructions. All comments shall be filed with the Court no later than forty-five days from the date of this opinion.
It is so ordered.
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04/13/2017
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LETTER-BAR NEWS PUBLICATION REQUEST
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For publication in the May 1, 2017, Bar News with comments due 5/29/17
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05/04/2017
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COMMENTS
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OP Handling Capital Cases Faculty HCC BY: RS Debra Johnes Riva 879703
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Handling Capital Cases Faculty
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05/04/2017
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APPENDIX-COMMENTS
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OP Handling Capital Cases Faculty HCC BY: RS Debra Johnes Riva 879703
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Handling Capital Cases Faculty
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05/04/2017
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REQUEST-ORAL ARGUMENT
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OP Handling Capital Cases Faculty HCC BY: RS Debra Johnes Riva 879703
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05/05/2017
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PUBLISH FULL
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Released on April 13, 2017.
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05/25/2017
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COMMENTS
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PE1 Howard L. "Rex" Dimmig 255491 BY: PE1 Howard L. "Rex" Dimmig 255491
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COMMENTS OF THE HONORABLE HOWARD L. "REX" DIMMIG, II,
PUBLIC DEFENDER, TENTH JUDICIAL CIRCUIT
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05/25/2017
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REQUEST-ORAL ARGUMENT
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PE1 Howard L. "Rex" Dimmig 255491 BY: PE1 Howard L. "Rex" Dimmig 255491
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05/26/2017
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COMMENTS
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OP Florida Public Defender Association, Inc. BY: OP Peter Mills 0998771
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FLORIDA PUBLIC DEFENDER ASSOCIATION, INC.
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05/26/2017
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REQUEST-ORAL ARGUMENT
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OP Florida Public Defender Association, Inc. BY: OP Peter Mills 0998771
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05/30/2017
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COMMENTS
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OP Handling Capital Cases Faculty HCC BY: RS Debra Johnes Riva 879703
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Amended Comments of Handling Capital Cases Faculty
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05/30/2017
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APPENDIX-RESPONSE
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OP Handling Capital Cases Faculty HCC BY: RS Debra Johnes Riva 879703
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Handling Capital Cases Faculty
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05/30/2017
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COMMENTS
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OP Florida Center For Capital Representation At Florida International University College Of Law BY: OP Karen M. Gottlieb 199303
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COMMENTS OF THE FLORIDA CENTER FOR CAPITAL REPRESENTATION AT FIU COLLEGE OF LAW AND FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
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05/30/2017
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REQUEST-ORAL ARGUMENT
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OP Florida Center For Capital Representation At Florida International University College Of Law BY: OP Karen M. Gottlieb 199303
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05/30/2017
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REQUEST-ORAL ARGUMENT
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OP Florida Association of Criminal Defense Lawyers, Inc. BY: OP Sonya Rudenstine 711950
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05/30/2017
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COMMENTS
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PE1 Robert R. Berry 714216 BY: PE1 Robert R. Berry 714216
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Robert R. Berry
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06/01/2017
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MOTION-ACCEPTANCE AS TIMELY FILED (COMMENTS)
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OP Florida Prosecuting Attorneys Association BY: OP Arthur I. Jacobs 108249
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MOTION OF FLORIDA PROSECUTING ATTORNEYS ASSOCIATION
FOR LEAVE TO FILE OUT OF TIME COMMENTS OF THE TWENTY
STATE ATTORNEYS ACTING TOGETHER THROUGH THE FLORIDA
PROSECUTING ATTORNEYS ASSOCIATION
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06/01/2017
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COMMENTS
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OP State Attorneys Of The Twenty Judicial Circuits Of Florida BY: OP Arthur I. Jacobs 108249
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State Attorneys of the Twenty Judicial Circuits of Florida
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06/02/2017
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ORDER-ACCEPTANCE AS TIMELY FILED GR (COMMENTS)
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The "Motion of Florida Prosecuting Attorneys Association for Leave to File Out of Time Comments of the Twenty State Attorneys Acting Together Through the Florida Prosecuting Attorneys Association" is granted and the comments filed with this Court on June 1, 2017, by the Florida Prosecuting Attorneys Association on behalf of the State Attorneys of the Twenty Judicial Circuits of Florida are hereby accepted as timely filed.
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06/05/2017
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COMMENTS
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OP State Attorneys Of The Twenty Judicial Circuits Of Florida BY: OP Arthur I. Jacobs 108249
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Duplicate (State Attorneys of the Twenty Judicial Circuits of Florida)
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06/21/2017
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REQUEST-ORAL ARGUMENT
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PT Standard Jury Instructions In Criminal Cases SJI BY: CH F. Rand Wallis 980821
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06/21/2017
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RESPONSE
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PT Standard Jury Instructions In Criminal Cases SJI BY: CH F. Rand Wallis 980821
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06/21/2017
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APPENDIX-RESPONSE
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PT Standard Jury Instructions In Criminal Cases SJI BY: CH F. Rand Wallis 980821
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08/18/2017
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MISC. DOCKET ENTRY
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PT Standard Jury Instructions In Criminal Cases SJI BY: CH F. Rand Wallis 980821
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***8/23/17 - STRICKEN***Letter and Motion from attorney Patrick K. Korody
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08/18/2017
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NOTICE-FILING
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PT Standard Jury Instructions In Criminal Cases SJI BY: CH F. Rand Wallis 980821
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***8/23/17 - STRICKEN***NOTICE OF FILING OF COMMENT SENT TO STANDARD JURY
INSTRUCTION COMMITTEE
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08/23/2017
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ORDER-STRIKE
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The "Notice of Filing of Comment Sent to Standard Jury Instruction Committee," the letter from attorney Patrick K. Korody, and the attached "Motion for Specific Instructions on Method of Voting During Capital Sentencing Deliberations" filed in pending circuit case number 16-2004-CF-6675, are hereby stricken.
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08/23/2017
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ORDER-NO REQ SCHED (MISC)
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The above case has been submitted to the Court without oral argument.
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12/08/2017
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ORDER-OA SCHED (RULES)
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Although the Court previously dispensed with oral argument in this case on August 23, 2017, we have now determined that oral argument is necessary to address certain issues raised by the comments received to the Court's interim jury instructions authorized on April 13, 2017. The above case is hereby scheduled for oral argument at 9:00 a.m., Wednesday, March 7, 2018. Thirty minutes is allocated for oral argument. Parties are expected to use only as much time as is actually needed.
The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) and any party having filed a comment with the Court with a request to participate in oral argument are invited to participate in oral argument, provided a proper request for oral argument is filed with this Court on or before December 28, 2017. The Court requests that the parties appearing at oral argument be prepared to address all aspects of the Court's interim instructions, and in particular, the following potential amendments pertaining to the interim instructions: 1) whether or not the verdict form (instruction 3.12(e)) should include a listing of the mitigating circumstances found by the jury; 2) whether the portion of instruction 7.11 in the section before "Aggravating Factors" should include both "(1) whether each aggravating factor is proven beyond a reasonable doubt" and "(2) whether one or more aggravating factors exist beyond a reasonable doubt"; 3) whether the third paragraph in instruction 7.11(a) after the paragraph on "victim-impact evidence" should be modified from "each presented aggravating factor exists" to "[the] [each] presented aggravating factor exists"; and lastly, 4) whether the paragraph in instruction 7.11(a) that begins by directing the jury
"You must weigh all of the following," following the text on "Merging aggravating factors," should be deleted.
The allocation of time must be agreed upon by the Committee and shared by any interested parties who have requested oral argument. The parties must notify the Clerk of Court no later than January 17, 2018, how the time is to be divided.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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12/13/2017
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REQUEST-ORAL ARGUMENT
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OP Florida Public Defender Association, Inc. BY: OP Peter Mills 0998771
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12/13/2017
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REQUEST-ORAL ARGUMENT
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PT Standard Jury Instructions In Criminal Cases SJI BY: CH F. Rand Wallis 980821
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12/14/2017
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REQUEST-ORAL ARGUMENT
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OP Florida Center For Capital Representation At Florida International University College Of Law BY: OP Karen M. Gottlieb 199303
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12/19/2017
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REQUEST-ORAL ARGUMENT
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OP Handling Capital Cases Faculty HCC BY: RS James C. Hankinson 274739
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12/27/2017
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REQUEST-ORAL ARGUMENT
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PE1 Howard L. "Rex" Dimmig 255491 BY: PE1 Howard L. "Rex" Dimmig 255491
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12/29/2017
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REQUEST-ORAL ARGUMENT
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OP Florida Association of Criminal Defense Lawyers, Inc. BY: OP Sonya Rudenstine 711950
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03/01/2018
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NOTICE-SUPPLEMENTAL AUTHORITY
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OP Handling Capital Cases Faculty HCC BY: RS James C. Hankinson 274739
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Title 18, United States Code, section 3592. Title 18, United States Code, section 3593. United States v. Chandler, 996 F. 2d 1073, 1087 (11th Cir. 1993), cert. denied, 512 U.S. 1227 (1994). United States v. Jackson, 549 F. 3d 963, 982 (5th Circuit 2008), cert. denied 559 U.S. 828 (2009). United States v. Bernard, 299 F. 3d 467, 485 (5th Circuit 2002), cert. denied 539 U.S. 928 (2003). United States v. Paul, 217 F. 3d 989, 1000 (8th Circuit 1999); cert. denied 534 U.S. 1156 (2002).
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03/05/2018
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NOTICE-COUNS SUBSTITUTION
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OP Florida Association of Criminal Defense Lawyers, Inc. BY: OP Sonya Rudenstine 711950
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03/05/2018
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NOTICE-APPEARANCE
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OP Florida Association of Criminal Defense Lawyers, Inc. BY: OP Billy H. Nolas 806821
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03/07/2018
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ORAL ARGUMENT HELD
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03/08/2018
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NOTICE-SUPPLEMENTAL AUTHORITY
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OP Florida Association of Criminal Defense Lawyers, Inc. BY: OP Billy H. Nolas 806821
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United States v. Johnson, 223 F.3d 665, 675 (7th Cir. 2000) and Special jury verdict forms used in recent federal penalty
phase proceedings in Florida
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05/24/2018
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DISP-AMENDED/ADOPTED
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FSC-OPINION: The instructions as set forth in the appendix shall become effective immediately upon the release of this opinion. It is so ordered.
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06/15/2018
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PUBLISH FULL
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Released on May 24, 2018.
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