550
Opinion of Stevens, J.
So. 2d 908 (Fla. 1975), and its progeny,10 a jury's recommendation must be given "great weight." Id., at 910. The Florida Supreme Court explained that a jury recommendation of a life sentence can be overturned only if "the facts suggesting a sentence of death [are] so clear and convincing that virtually no reasonable person could differ." Ibid.11
Similarly, a jury's recommendation of a death sentence must also be given great weight.12 For example, in Stone v. State, 378 So. 2d 765, cert. denied, 449 U. S. 986 (1980), the Florida Supreme Court discussed a challenge to a death sentence imposed after a jury had recommended a sentence
10 See, e. g., Thompson v. State, 328 So. 2d 1 (Fla. 1976).
11 As the Eleventh Circuit observed about the Florida Supreme Court: "That the court meant what it said in Tedder is amply demonstrated by the dozens of cases in which it has applied the Tedder standard to reverse a trial judge's attempt to override a jury recommendation of life. See, e. g., Wasko v. State, 505 So. 2d 1314, 1318 (Fla. 1987); Brookings v. State, 495 So. 2d 135, 142-43 (Fla. 1986); McCampbell v. State, 421 So. 2d 1072, 1075-76 (Fla. 1982); Goodwin v. State, 405 So. 2d 170, 172 (Fla. 1981); Odom v. State, 403 So. 2d 936, 942-43 (Fla. 1981), cert. denied, 456 U. S. 925 . . . (1982); Neary v. State, 384 So. 2d 881, 885-88 (Fla. 1980); Malloy v. State, 382 So. 2d 1190, 1193 (Fla. 1979); Shue v. State, 366 So. 2d 387, 390-91 (Fla. 1978); McCaskill v. State, 344 So. 2d 1276, 1280 (Fla. 1977); Thompson v. State, 328 So. 2d 1, 5 (Fla. 1976)." Mann v. Dugger, 844 F. 2d 1446, 1451 (1988) (en banc), cert. denied, 489 U. S. 1071 (1989).
12 Smith v. State, 515 So. 2d 182, 185 (Fla. 1987) ("[W]e approve the death sentence on the basis that a jury recommendation of death is entitled to great weight"), cert. denied, 485 U. S. 971 (1988); see also LeDuc v. State, 365 So. 2d 149, 151 (Fla. 1978) ("The primary standard for our review of death sentences is that the recommended sentence of a jury should not be disturbed if all relevant data w[ere] considered, unless there appear strong reasons to believe that reasonable persons could not agree with the recommendation"), cert. denied, 444 U. S. 885 (1979); Ross v. State, 386 So. 2d 1191, 1197 (Fla. 1980) (same); Middleton v. State, 426 So. 2d 548, 552-553 (Fla. 1982) (approving trial court's imposition of death sentence and reiterating that jury had recommended death), cert. denied, 463 U. S. 1230 (1983); Francois v. State, 407 So. 2d 885, 891 (Fla. 1981) (same), cert. denied, 458 U. S. 1122 (1982); cf. Grossman v. State, 525 So. 2d, at 839, n. 1 ("We have . . . held that a jury recommendation of death should be given great weight").
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