Supreme Court of Florida

James Daniel Turner, Appellant v. State of Florida, Appellee

May 20, 201035 Fla. L. Weekly Supp. 281

Summary

The court affirmed Turner’s convictions and death sentence. It held that retrial after the first trial’s mistrial did not violate double jeopardy because Turner requested the mistrial, the prosecution did not provoke that request, and the juror’s seizure independently constituted manifest necessity. The court also upheld the cold, calculated, and premeditated aggravator, found the death sentence proportionate, rejected Turner’s capital-sentencing constitutional challenge, and concluded that the evidence was sufficient. Justice Pariente concurred in the conviction and concurred in the result only as to the sentence.