Kalisz v. State, 124 So. 3d 185

Kalisz was convicted of two counts of first-degree murder, two counts of attempted first-degree murder, and burglary of a dwelling; death sentences were imposed and reviewed on appeal.
The murders occurred January 14, 2010; Kathryn Donovan and Deborah Tillotson were killed, while Manessa Donovan and Amy Wilson were wounded.
Guilt phase evidence included his purchase of ammunition, a threat-planning mindset, and a laser-sighted handgun; witness testimony identified him as shooter.
Penalty phase proceedings featured victim impact statements, expert testimony, and multiple aggravating and mitigating factors; the court imposed two death sentences and life terms for other counts.
The trial court found six aggravators (e.g., prior violent felony, CCP, burglary, probation status) and some mitigators; appellate review addressed suppression, evidentiary issues, and constitutionality.
The Florida Supreme Court ultimately affirmed the convictions and the death sentences, with some aggravators found to be in error but harmless in light of remaining aggravation and mitigating evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Miranda waiver and voluntariness of confession	Kalisz argues admission of hospital confession was not knowing or voluntary.	Kalisz contends hospital medications impaired judgment and rendered waiver involuntary.	Confession deemed voluntary; waiver valid under totality of circumstances.
Great Risk of Death aggravator (many people)	State contends the record shows creation of a great risk to many.	Kalisz argues the record does not satisfy Johnson's four-person threshold.	Johnson threshold not met; error harmless given other aggravation and evidence.
Witness elimination aggravator	State asserts witness elimination was the dominant motive.	Kalisz contends motive was not solely to eliminate witnesses.	Aggravator found not supported as sole/dominant motive for both victims; harmless error.
Admission of autopsy photographs	State claims photographs aid medical testimony and victim identification.		Autopsy photos properly admitted; not unduly inflammatory and relevant.
Constitutionality and Ring/Florida death-penalty framework	Ring-based challenges to the death-penalty scheme.	Ring does not apply to cases with unanimous jury recommendations or where aggravators are valid.	Statute upheld; Ring does not require relief; proportionality affirmed.

Berghuis v. Thompkins, 560 U.S. 370 (U.S. 2010) (ambiguous invocation of rights can still permit waiver if conduct shows understanding and voluntary waiver)
Escobar v. State, 699 So.2d 988 (Fla. 1997) (hospitalized confession evaluated under voluntary-waiver standards)
Ramirez v. State, 739 So.2d 568 (Fla. 1999) (totality-of-the-circumstances standard for Miranda waiver)
Preston v. State, 607 So.2d 404 (Fla. 1992) (witness-elimination aggravator evaluated for sole/dominant motive)
DiGuilio v. State, 491 So.2d 1129 (Fla. 1986) (harmless-error standard for death-penalty review)