Grim, Jr. v. Secretary, FL DOC, No. 11-11890 (11th Cir. 2013)
Annotate this CasePetitioner, a Florida prison inmate awaiting execution, petitioned for a writ of habeas corpus. After the district court denied the petition, it issued a certificate of appealability with respect to certain issues. At issue was whether the Indictment Clause of the Fifth Amendment required that an aggravating factor relied on as the basis for the imposition of the death sentence in a state prosecution for capital murder be alleged in the indictment; whether the Sixth Amendment required that such aggravating factor be found by a jury beyond a reasonable doubt; and whether the Sixth Amendment required that the aggravating factor relied on by the State for the imposition of a death sentence be alleged in a state court indictment charging the defendant with capital murder. The court held that, in rejecting petitioner's Indictment Clause claim, the Florida Supreme Court did not hand down a decision contrary to a Supreme Court holding; Evans v. Sec'y, Fla. Dep't of Corrs., which was indistinguishable from the case here, required that the court affirm the district court's resolution of the Sixth Amendment issue; and there was no reason to require the State to notify defendants of the aggravating factors that it intended to prove.
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