Goode v. Wainwright, No. 61693

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; SUNDBERG
Citation410 So.2d 506
PartiesArthur F. GOODE, III, Petitioner, v. Louis L. WAINWRIGHT, etc., Respondent.
Docket NumberNo. 61693
Decision Date23 February 1982

Page 506

410 So.2d 506
Arthur F. GOODE, III, Petitioner,
v.
Louis L. WAINWRIGHT, etc., Respondent.
No. 61693.
Supreme Court of Florida.
Feb. 23, 1982.

Page 507

Wilbur C. Smith, III, of Smith, Carta, Ringsmuth & Kluttz, Fort Myers, for petitioner.

Jim Smith, Atty. Gen. and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for respondent.

PER CURIAM.

We have for consideration a petition for writ of habeas corpus attacking the competency of petitioner Goode's attorney on appeal from his conviction and a motion for stay of execution.

Petitioner's conviction and sentence were affirmed by this Court, Goode v. State, 365 So.2d 381 (Fla.1978), and his petition for writ of certiorari was denied by the United States Supreme Court. Goode v. Florida, 441 U.S. 967, 99 S.Ct. 2419, 60 L.Ed.2d 1074 (1979).

A motion to vacate judgment and sentence was denied by the trial judge. Upon appeal this order was affirmed. Goode v. State, 403 So.2d 931 (Fla.1981). Thereafter the Governor issued a warrant ordering petitioner's execution to be held on March 2, 1982. These proceedings resulted.

Petitioner argues that the trial judge committed error in three regards: (1) he sentenced petitioner to death because he believed petitioner might be released on parole and commit further acts of violence in the future, (2) he found petitioner's mental condition to be a mitigating circumstance but failed to recite that finding of fact and thus petitioner was denied effective appellate review in this Court, and (3) the sentencing judge applied the incorrect burden of proof in determining whether evidence established mitigating or aggravating circumstances. He contends that his appellate counsel was ineffective because he failed to raise the issues that the judge improperly considered non-statutory aggravating circumstances, that the sentencing judge failed to recite the finding of a mitigating circumstance which he in fact found, and that the sentencing judge applied an incorrect burden of proof in determining whether the evidence established mitigating or aggravating circumstances.

At trial petitioner insisted upon representing himself, but, nevertheless, the court appointed counsel with whom he could consult during trial. Petitioner admitted his guilt and requested that he be given the death sentence. It was in this light that appellate counsel sought reversal. In our opinion affirming the judgment and sentence we said:

The jury recommended the death sentence despite their being instructed to consider defendant's mental state as a mitigating circumstance.

Even though defendant admits his guilt and even though he expressed a desire to be executed, this Court must, nevertheless, examine the record to be sure that the imposition of the death sentence complies with all of the standards set by the Constitution, the Legislature and the courts. The questions raised by the attorney to assist defendant on appeal have been considered and are without merit.

Page 508

The request of the defendant to dismiss the appeal is denied. The Legislature has imposed a duty upon this court to examine every case in which the death sentence is imposed. Section 921.141(4), Florida Statutes (1975).

365 So.2d 384.

At the sentencing hearing, attorney Smith, the former attorney for petitioner, argued that petitioner should have been given life imprisonment. In his statement to the court Smith said:

To impose the death penalty on Mr. Goode would be merely a symbolic sentence which might appease the passions of those which are extremely outraged or offended by Mr. Goode's actions, and it certainly might appease the passions of those that have...

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11 practice notes
  • Goode v. Wainwright, No. 82-5244
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • May 2, 1983
    ...alleging ineffective assistance of appellate counsel on his direct appeal. The Florida Supreme Court denied relief. Goode v. Wainwright, 410 So.2d 506 (Fla.1982). Goode filed the instant petition for writ of habeas corpus in federal district court. The district court dismissed the petition,......
  • Burger King Corp. v. Mason, Nos. 82-5066
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • August 1, 1983
    ...raised by the losing party. Without such a finding, an order assessing attorney's fees is technically deficient and must be reversed. 410 So.2d at 506. In holding that the failure to make such a finding invalidates an award under Sec. 57.105, the Florida court cited a number of Florida appe......
  • Booker v. Dugger, No. 88-3751
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • January 14, 1991
    ...v. State, 365 So.2d 381 (Fla.1978), Goode unsuccessfully sought habeas corpus relief in the Florida Supreme Court, Goode v. Wainwright, 410 So.2d 506 (Fla.1982) (per curiam). Goode sought the same relief in federal district court, and it too denied him the writ. This court, however, reverse......
  • Wainwright v. Goode, Iii, No. 83-131
    • United States
    • United States Supreme Court
    • November 28, 1983
    ...because he had failed to challenge the trial judge's reliance on the nonstatutory aggravating circumstance. Goode v. Wainwright, 410 So.2d 506 (1982). That court reviewed the record of the sentencing hearing and determined that the trial judge had not relied upon the impermissible factor. T......
  • Request a trial to view additional results
11 cases
  • Goode v. Wainwright, No. 82-5244
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • May 2, 1983
    ...alleging ineffective assistance of appellate counsel on his direct appeal. The Florida Supreme Court denied relief. Goode v. Wainwright, 410 So.2d 506 (Fla.1982). Goode filed the instant petition for writ of habeas corpus in federal district court. The district court dismissed the petition,......
  • Burger King Corp. v. Mason, Nos. 82-5066
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • August 1, 1983
    ...raised by the losing party. Without such a finding, an order assessing attorney's fees is technically deficient and must be reversed. 410 So.2d at 506. In holding that the failure to make such a finding invalidates an award under Sec. 57.105, the Florida court cited a number of Florida appe......
  • Booker v. Dugger, No. 88-3751
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • January 14, 1991
    ...v. State, 365 So.2d 381 (Fla.1978), Goode unsuccessfully sought habeas corpus relief in the Florida Supreme Court, Goode v. Wainwright, 410 So.2d 506 (Fla.1982) (per curiam). Goode sought the same relief in federal district court, and it too denied him the writ. This court, however, reverse......
  • Wainwright v. Goode, Iii, No. 83-131
    • United States
    • United States Supreme Court
    • November 28, 1983
    ...because he had failed to challenge the trial judge's reliance on the nonstatutory aggravating circumstance. Goode v. Wainwright, 410 So.2d 506 (1982). That court reviewed the record of the sentencing hearing and determined that the trial judge had not relied upon the impermissible factor. T......
  • Request a trial to view additional results

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