State v. Johnston

The State of Florida petitions this court for a writ of certiorari challenging the trial court’s order in a capital murder prosecution which precludes, in the event of a conviction for first-degree murder, the State from presenting to the jury during the penalty phase of the trial any victim impact evidence authorized by section 921.141(7), Florida Statutes (1995).

Our supreme court has approved the admission of victim impact evidence to a jury during the penalty phase in capital prosecutions. See Windom v. State, 656 So.2d 432, 438 (Fla.1995). See also Burns v. State, 699 So.2d 646, 654…