Supreme Court of Florida

Ralston Davis v. State of Florida — Quince, J., Concurring in Part and Dissenting in Part

July 8, 2013121 So. 3d 462

Summary

Justice Quince concurred in upholding Davis's murder conviction and reducing his penalty to life imprisonment, but would strike the heinous, atrocious, or cruel aggravator because the record did not establish that Proby experienced extreme fear or terror. She reasoned that the circumstances lacked the specific evidence of prolonged fear, abuse, abduction, or awareness of impending death present in prior cases. Chief Justice Polston, concurring in part and dissenting in part, would have affirmed the death sentence because the cold, calculated, and premeditated aggravator was supported by the evidence.