The Florida Supreme Court was well aware of any potential nonstatutory mitigating evidence. The Florida Supreme Court’s opinion on direct review reveals that the Florida courts did not impose Mills’s death sentence in an arbitrary and discriminatory manner. The court reviewed Mills’s sentencing and invalidated three of the aggravating factors that the trial court had found. The court also agreed with the trial court’s finding that no mitigating factors existed and held that “the facts suggesting a sentence of death are so clear and convincing that virtually no reasonable person could differ.” Mills, 476 So.2d at 179. The Florida Supreme Court complied with the mandate of Tedder, and, as the district court held, Mills’s case is similar to Francis v. Dugger. See Francis, 908 F.2d at 704 (<HOLDING>). B. Parker v. Dugger claim Mills contends that
holding that override was not arbitrary and discriminatory where jurys recommendation of life imprisonment may have been the product of defense counsels highly impassioned closing argument where defendant had a prior criminal history and where no valid statutory mitigating factors and three statutory aggravating factors existed holding that failure to charge nonstatutory aggravating factors in indictment is not constitutional error because under the fdpa only statutory factors expose a criminal defendant to the death penalty holding that consideration of hypothetical aggravating factors and criminal history is inappropriate when determining whether prior offense constitutes felony holding that trial court must consider both statutory and nonstatutory mitigating factors holding imposition of the death penalty proportionate where the trial court found two aggravating circumstances ccp and contemporaneous murder two statutory mitigating factors and a number of nonstatutory mitigating factors