Psychotherapist Testimony About the Mental Condition at the Time of a Murder
In Geralds v. State, 674 So. 2d 96, 101 (Fla. 1996), the Court found that the trial court did not err in declining to instruct on this mitigator because a psychotherapist who testified on the defendant's mental disorders did not comment on the defendant's "actual or probable mental condition at the time of the murder as contemplated by the statute."
In Geralds, we distinguished the three cases now relied upon by Duest: Bryant v. State, 601 So. 2d at 532-33, Stewart v. State, 558 So. 2d 416 (Fla. 1990), and Smith v. State, 492 So. 2d 1063 (Fla. 1986). See Geralds, 674 So. 2d at 101 n.12.
The court concluded that "in each of those cases, some evidence was presented that the defendant was either under the influence of some drug around the time of the murder, or suffered from a pervasive mental condition that affected him every day." Id.