Askari Abdullah Muhammad v. Secretary, Florida Department of Corrections

I concur with the majority’s opinion insofar as it holds that the application of the “cold, calculated, and premeditated” statutory aggravating factor in this case does not violate the ex post facto clause of the United States Constitution. U.S. Const, art. I, § 9. Relying upon clear precedent, the Florida Supreme Court determined that, although this aggravating factor was enacted after Muhammad committed the Gans murders, its application did not add anything new to the elements of the crimes for which he was convicted and did not disadvantage him. Knight v. State, 746 So.2d 423, 434…