Tedder v. State, No. 46267
| Court | United States State Supreme Court of Florida |
| Writing for the Court | PER CURIAM; ADKINS; ROBERTS |
| Citation | 322 So.2d 908 |
| Parties | Mack Reed TEDDER, II, Appellant, v. STATE of Florida, Appellee. |
| Decision Date | 19 November 1975 |
| Docket Number | No. 46267 |
Page 908
v.
STATE of Florida, Appellee.
Page 909
James A. Gardner, Public Defender, and Elliott C. Metcalfe, Jr., Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Andrew W. Lindsey, Asst. Atty. Gen., for appellee.
PER CURIAM.
This case is here on direct appeal from the Hernando County Circuit Court. Appellant was convicted by a jury of first degree murder and sentenced by the trial judge to death. We have jurisdiction pursuant to Article V, § 3(b)(1) of the Florida Constitution (1973).
On January 17, 1974, appellant's wife and mother-in-law were laying a sidewalk outside the trailer where they resided. Appellant and his wife had recently separated. Without advance warning of any sort, appellant stepped from behind a tree and fired a shot in the direction of the women and appellant's infant son. All fled toward the trailer, where appellant's wife ran with the baby to a back bedroom in order to obtain a shotgun. She succeeded in locking the bedroom door behind her, but while loading the shotgun she heard more shots and the scream of her mother. Appellant then broke open the bedroom door and, gun in hand, took away the shotgun and told his wife to bring the baby and come with him. As they left, his wife saw her mother lying on the floor in a hallway. Appellant would not permit his wife to examine the body. The next morning appellant was arrested at a farm owned by his father. On February 14, appellant's mother-in-law died from gunshot wounds.
Appellant's trial resulted in a conviction for first degree murder. Pursuant to Section 921.141, Fla.Stat. (1973), a second jury trial was held to determine whether appellant should be sentenced to death or life imprisonment. No additional evidence was presented to the jury during this second trial except appellant's age (20 years), and after deliberating for 16 minutes the jury returned a recommendation of life imprisonment.
On the following day the trial judge conducted a hearing on which to base his
Page 910
recommendation for appellant's sentence. The only evidence considered which had not been before the jury was a pre-sentence investigation report showing that appellant had been convicted on one prior occasion of breaking and entering with intent to commit a misdemeanor (petit larceny). At the conclusion of this hearing the trial judge recommended a sentence of death, complying with Section 921.141(3) by listing three aggravating circumstances and finding...To continue reading
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Jackson v. State
...the override provision. "The appellant argues that we should follow the Florida standard for jury override prescribed in Tedder v. State, 322 So.2d 908 (Fla.1975). Tedder provides that, in order for a trial court to reject a jury's recommendation of a sentence of life imprisonment without p......
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Johnson v. Singletary, No. 89-3195
...suggesting a sentence of death should be so clear and convincing that virtually no reasonable person could differ." Tedder v. State, 322 So.2d 908, 910 The State argues the claim is procedurally barred and even if the claim is not procedurally barred, the decision not to develop the drug ab......
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...point is predicated upon a misunderstanding of Florida override law. The Florida jury override standard enunciated in Tedder v. State, 322 So.2d 908, 910 (Fla.1975), states that "to sustain a sentence of death following a jury recommendation of life, the facts suggesting a sentence of death......
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Schiro v. Clark, No. 91-1509
...uncovered additional physical evidence of the crime. R.735-747 (testimony of Donald Erk). 6 Under the "Tedder standard," Tedder v. State, 322 So.2d 908, 910 (Fla.1975), a trial judge may sentence a defendant to death despite a jury recommendation to the contrary if the evidence favoring the......
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Pulley v. Harris, No. 82-1095
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...the trial judge does not render wholly independent judgment, but must accord deference to the jury's recommendation. See Tedder v. State, 322 So.2d 908, 910 (Fla.1975) (life verdict); Grossman v. State, 525 So.2d 833, 839, n. 1 (Fla.1988) (death verdict), cert. denied, 489 U.S. 1071, 109 S.......
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...the override provision. "The appellant argues that we should follow the Florida standard for jury override prescribed in Tedder v. State, 322 So.2d 908 (Fla.1975). Tedder provides that, in order for a trial court to reject a jury's recommendation of a sentence of life imprisonment without p......
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Johnson v. Singletary, No. 89-3195
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