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Maxwell v. State

Supreme Court of Florida
Jul 20, 1995
657 So. 2d 1157 (Fla. 1995)
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Summary

approving on basis of Windom district court decision which recognizes that section 921.141 does not intrude upon this Court's rule-making authority

Summary of this case from Rhodes v. Secretary, Department of Corrections
See 4 Summaries

Opinion

No. 85074.

July 20, 1995.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Fourth District — No. 93-2760, Broward County.

Carey Haughwout of Tierney Haughwout, West Palm Beach, for petitioner.

Carolyn V. McCann, Sp. Asst. Atty. Gen., Ft. Lauderdale, for respondent.

WELLS, Justice.

We have for review a district court decision presenting the following question certified to be of great public importance:

IS SECTION 921.141(7), FLORIDA STATUTES, ALLOWING VICTIM IMPACT EVIDENCE, UNCONSTITUTIONAL?
State v. Maxwell, 647 So.2d 871, 873 (Fla. 4th DCA 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

In accordance with our decision in Windom v. State, 656 So.2d 432 (Fla. 1995), we answer the question in the negative and approve the Fourth District's decision upholding the constitutionality of section 921.141(7), Florida Statutes (1993).

It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN and HARDING, JJ., concur.

ANSTEAD, J., recused.

Summaries of

Maxwell v. State

Supreme Court of Florida
Jul 20, 1995
657 So. 2d 1157 (Fla. 1995)

approving on basis of Windom district court decision which recognizes that section 921.141 does not intrude upon this Court's rule-making authority

Summary of this case from Rhodes v. Secretary, Department of Corrections

approving on basis of Windom district court decision which recognizes that section 921.141does not intrude upon this Court's rule-making authority

Summary of this case from Burns v. State

In Maxwell v. State, 657 So.2d 1157 (Fla. 1995), this Court addressed the following question certified to be of great public importance: "Is section 921.141 (7), Florida Statutes, allowing victim impact evidence, unconstitutional?"

Summary of this case from Looney v. State

In Maxwell v. State, 657 So.2d 1157 (Fla. 1995), this Court addressed the following question certified to be of great public importance: "Is section 921.141(7), Florida Statutes, allowing victim impact evidence, unconstitutional?"

Summary of this case from Looney v. State
Case details for

Maxwell v. State

Case Details

Full title:CHESTER MAXWELL, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:Supreme Court of Florida

Date published: Jul 20, 1995

Citations

657 So. 2d 1157 (Fla. 1995)

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We find Looney's argument is without merit. In Maxwell v. State, 657 So.2d 1157 (Fla. 1995), this Court…

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