Russ v. State
73 So. 3d 178
Fla.2011Background
- Russ pleaded guilty to the May 7, 2007 first-degree murder of Madeleine Leinen and waived mitigation and a penalty-phase jury; the court sentenced him to death.
- Guilt phase involved a plea to counts including first-degree premeditated murder, kidnapping with a deadly weapon, carjacking, robbery with a deadly weapon, burglary with assault; a factual basis was provided and accepted.
- A Koon hearing occurred in April-May 2008; Russ reaffirmed waiver of mitigation and penalty-phase jury; trial court prepared a PSI and appointed special counsel to present mitigation.
- State notice to offer other-crimes evidence was addressed; some episodes were excluded, others not admitted during penalty, and relevance was contested.
- Penalty phase (Jan 8-9, 2009) featured mitigation presented by special counsel and multiple witnesses; a Spencer hearing occurred (Jan 15, 2009) to evaluate mitigation evidence.
- Sentencing order (May 13, 2009) found four aggravators (CCP, HAC, pecuniary gain, kidnapping) and two statutory/nonstatutory mitigators; concurrent sentences were imposed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of waiver of mitigation | Russ argues trial court failed to follow Koon and Muhammad requirements. | Russ argues waiver precluded meaningful mitigation review and sentencing fairness. | Waiver complied; court properly weighed mitigation and did not abuse discretion. |
| Proportionality of the death sentence | Proportionality is challenged due to mitigation; sentence may be excessive given circumstances. | Death sentence should be disproportionate due to mitigation factors and comparable cases. | Death sentence proportionate; aggravation outweighed mitigation under the totality of circumstances. |
| Sufficiency of evidence for guilty plea and conviction | State’s evidence and plea basis supported the first-degree murder conviction. | - | Plea was knowing, intelligent, and voluntary; competent evidence supports conviction and sentences. |
Key Cases Cited
- Spann v. State, 857 So.2d 845 (Fla. 2003) (waiver of mitigation requires proper on-record procedure)
- Koon v. Dugger, 619 So.2d 246 (Fla. 1993) (three-part procedure for waiver of mitigation)
- Muhammad v. State, 782 So.2d 343 (Fla. 2001) ( PSI consideration and appointment of mitigation in waiver cases)
- Barnes v. State, 29 So.3d 1010 (Fla. 2010) (proportionality review and mitigation comparison framework)
- Turner v. State, 37 So.3d 212 (Fla. 2010) (CCP analysis where defendant under drug influence prior to murder)