Legal Opinion

Herzog v. State

Supreme Court of Florida

Decided September 22, 1983No. 61513PublishedCited by 45 opinions

1Opinion of the Court

ADKINS, Justice.

This is an appeal by Fredrick Herzog from his conviction of first-degree murder and from the trial judge’s imposition of the death sentence after the jury had recommended life imprisonment. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm the conviction, but direct that the death sentence be reduced to a sentence of life imprisonment in accordance with the jury’s recommendation.

Although thfe testimony of two eyewitnesses is somewhat inconsistent, the facts are as follows:

The victim, Ginger Mackert, who was defendant’s paramour, shared an apartment with defendant…

2Cases cited55 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Wainwright v. SykesSupreme Court of the United States · 1977
  3. Snyder v. MassachusettsSupreme Court of the United States · 1934
  4. Michigan v. MosleySupreme Court of the United States · 1975
  5. Gardner v. FloridaSupreme Court of the United States · 1977

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3Cited by45 opinions

  1. People v. StanleyCalifornia Supreme Court · 1995
  2. Sochor v. FloridaSupreme Court of the United States · 1992
  3. State v. BrettWashington Supreme Court · 1995
  4. State v. WilleSupreme Court of Louisiana · 1990
  5. Bernard Bolender, A/K/A Bernard Bolander v. Harry K. Singletary, Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1994

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