Supreme Court of Florida

David Byron Russ v. State of Florida

September 22, 201136 Fla. L. Weekly Supp. 527

Summary

The court affirmed Russ's convictions and death sentence after concluding that the trial court properly accepted his waiver of mitigation and the penalty-phase jury, correctly evaluated the aggravating and mitigating circumstances, and imposed a proportionate sentence. The court also independently determined that Russ's guilty plea was knowing, intelligent, and voluntary and that competent substantial evidence supported the first-degree murder conviction. Justice Pariente concurred, emphasizing the trial court's heightened duty to ensure reliability and consider available mitigation when a capital defendant waives mitigation.