Downs v. State

24 Citing cases

  1. Downs v. Austin

    522 So. 2d 931 (Fla. Dist. Ct. App. 1988)   Cited 12 times
    Stating that "once the State has gone public with information which could have previously been protected from disclosure . . ., no further purpose is served by preventing full access to the desired documents or information."

    We reverse. To illustrate precisely why Downs wants to examine Johnson's polygraph tests, it is necessary that we briefly recount the facts surrounding Downs' conviction as set forth in the affirmance of his appeal. See Downs v. State, 386 So.2d 788 (Fla. 1980). In April of 1977, John Barfield approached Downs with an offer of $5,000 to kill Forrest Jerry Harris, a Jacksonville businessman. Downs accepted the offer, and enlisted the help of Larry Johnson. On April 23, 1977, at Downs' urging, Johnson telephoned Harris and identified himself as Joseph Green. Harris was expecting a call from Green, and Johnson told Harris that he wanted to talk to him about importing contraband.

  2. Downs v. Sec'y

    738 F.3d 240 (11th Cir. 2013)   Cited 43 times
    Finding no Brady violation where the government failed to disclose a witness's statement that another person told the witness that he had actually killed the victim that the defendant was charged with murdering where the government was unaware of the witness's statement until after trial

    The trial court also imposed a 30–year sentence on the conspiracy charge.On direct appeal, the Florida Supreme Court affirmed Downs's convictions and sentences. Downs v. State, 386 So.2d 788 (Fla.1980). The U.S. Supreme Court denied certiorari.

  3. Routly v. Singletary

    33 F.3d 1279 (11th Cir. 1994)   Cited 68 times
    Holding that because defense counsel was aware that a false statement was subject to impeachment and yet failed to object to the statement, there was no due process violation under Giglio

    The case at bar is distinguishable on this issue from cases such as Slater v. State, 316 So.2d 539 (Fla. 1975), where a more culpable co-defendant received a less severe sentence than the appellant, and there was no error in treating the defendant differently than O'Brien. See Downs v. State, 386 So.2d 788 (Fla.), cert. denied, 449 U.S. 976, 101 S.Ct. 387, 66 L.Ed.2d 238 (1980). We have compared, as did the trial court, the facts in the case sub judice with cases where we have upheld the imposition of the death penalty on similar facts and find the sentence imposed to be consistent with those cases.

  4. Harris v. Great Southern Life Ins. Co.

    558 F. Supp. 689 (M.D. Fla. 1983)   Cited 4 times

    Downs, the alleged trigger man, was convicted at trial and sentenced to death. His conviction was affirmed on appeal. Downs v. State, 386 So.2d 788 (Fla. 1980). Barfield also went to trial and was convicted.

  5. Downs v. State

    160 So. 3d 894 (Fla. 2014)

    Ernest Charles Downs, a prisoner under sentence of death, appeals the circuit court's order summarily denying his fourth motion for postconviction relief, which was filed pursuant to Florida Rule of Criminal Procedure 3.851. Because the order concerns a motion for postconviction relief from sentence of death, this Court has jurisdiction under article V, section 3(b)(1), of the Florida Constitution.We previously affirmed Downs' conviction and sentence of death, see Downs v. State, 386 So.2d 788 (Fla.1980), and also rejected his appeal from the denial of postconviction relief, see Downs v. State, 453 So.2d 1102 (Fla.1984). However, because of a change in the law requiring a jury to be able to consider nonstatutory mitigating factors in sentencing, we granted a new sentencing phase. The jury voted eight to four to recommend the death penalty.

  6. Shere v. Moore

    830 So. 2d 56 (Fla. 2002)   Cited 27 times

    (Fla. 1990); Campbell v. State, 571 So.2d 415 (Fla. 1990); Pentecost v. State, 545 So.2d 861 (Fla. 1989); Spivey v. State, 529 So.2d 1088 (Fla. 1988); Diaz v. State, 513 So.2d 1045 (Fla. 1987); Williamson v. State, 511 So.2d 289 (Fla. 1987); Craig v. State, 510 So.2d 857 (Fla. 1987); Brookings v. State, 495 So.2d 135 (Fla. 1986); Marek v. State, 492 So.2d 1055 (Fla. 1986);Garcia v. State, 492 So.2d 360 (Fla. 1986); Woods v. State, 490 So.2d 24 (Fla. 1986); Deaton v. State, 480 So.2d 1279 (Fla. 1985); Hoffman v. State, 474 So.2d 1178 (Fla. 1985); Brown v. State, 473 So.2d 1260 (Fla. 1985); Troedel v. State, 462 So.2d 392 (Fla. 1984); Bassett v. State, 449 So.2d 803 (Fla. 1984); Routly v. State, 440 So.2d 1257 (Fla. 1983);O'Callaghan v. State, 429 So.2d 691 (Fla. 1983); White v. State, 415 So.2d 719 (Fla. 1982); Miller v. State, 415 So.2d 1262 (Fla. 1982);Tafero v. State, 403 So.2d 355 (Fla. 1981); Barfield v. State, 402 So.2d 377 (Fla. 1981); Gafford v. State, 387 So.2d 333 (Fla. 1980);Downs v. State, 386 So.2d 788 (Fla. 1980); Malloy v. State, 382 So.2d 1190 (Fla. 1979); Smith v. State, 365 So.2d 704 (Fla. 1978); Jackson v. State, 366 So.2d 752 (Fla. 1978); Salvatore v. State, 366 So.2d 745 (Fla. 1978); Barclay v. State, 343 So.2d 1266 (Fla. 1977); Witt v. State, 342 So.2d 497 (Fla. 1977); Meeks v. State, 339 So.2d 186 (Fla. 1976); Slater v. State, 316 So.2d 539 (Fla. 1975). This Court has rejected proportionality claims where the defendant was determined to be the more culpable.

  7. Downs v. State

    740 So. 2d 506 (Fla. 1999)   Cited 143 times
    Holding that evidence that the defendant knew about at the time of trial is "by definition" not "newly discovered"

    This Court affirmed Downs' convictions and sentence. See Downs v. State, 386 So.2d 788 (Fla. 1980), cert. denied, 449 U.S. 976 (1981). These factors are: (1) the murder was committed for pecuniary gain, and (2) previous conviction of violent felony (attempted armed robbery and armed robbery).

  8. Downs v. State

    572 So. 2d 895 (Fla. 1991)   Cited 35 times
    Holding that the trial court did not abuse its discretion by excluding evidence showing that defendant's co-conspirator, whose testimony formed the primary basis of the state's death penalty case, had difficulty passing a polygraph test

    This Court affirmed. Downs v. State, 386 So.2d 788 (Fla.), cert. denied, 449 U.S. 976, 101 S.Ct. 387, 66 L.Ed.2d 238 (1980). The Court then rejected Downs's collateral attack under Florida Rule of Criminal Procedure 3.850, Downs v. State, 453 So.2d 1102 (Fla. 1984), and his first petition for habeas corpus relief. Downs v. Wainwright, 476 So.2d 654 (Fla. 1985).

  9. State v. Jamison

    49 Ohio St. 3d 182 (Ohio 1990)   Cited 766 times
    Finding seven previous robberies admissible to establish identity because, despite some differences, there were sufficient similarities to demonstrate an identifiable plan of criminal activity

    State v. Jackson (1977), 50 Ohio St.2d 253, 4 O.O. 3d 429, 364 N.E.2d 236, death penalty vacated (1978), 438 U.S. 911; United States v. Smallwood (C.A. 8, 1971), 443 F.2d 535. See, also, Downs v. State (Fla. 1980), 386 So.2d 788; United States v. Wiley (C.A. 7, 1960), 278 F.2d 500; United States v. Daniels (C.A. 6, 1971), 446 F.2d 967. Different treatment of Howell was clearly justified.

  10. Downs v. Dugger

    514 So. 2d 1069 (Fla. 1987)   Cited 22 times
    Staying death warrant, vacating death sentence, and remanding for new sentencing proceeding before a jury upon retroactive application of Hitchcock

    This Court rejected numerous claims of error filed by Downs and his counsel on direct appeal. Downs v. State, 386 So.2d 788 (Fla.), cert. denied, 449 U.S. 976, 101 S.Ct. 387, 66 L.Ed.2d 238 (1980). We later rejected a collateral attack under Rule 3.