U.S. Court of Appeals for the Eleventh Circuit, 1987

James Ernest Hitchcock v. Richard L. Dugger

U.S. Court of Appeals for the Eleventh Circuit · Decided October 26, 1987 · Roney, Godbold, Tjoflat, Hill, Fay, Vance, Kravitch, Johnson, Anderson, Clark, Edmondson, Morgan

832 F.2d 140; 1987 U.S. App. LEXIS 14222 (Federal Reporter, Second Series)

Counsel

Craig Barnard, Asst. Public Defender, Richard L. Jorandby, Public Defender, 15th Judicial Circuit of Florida, Richard B. Greene, Richard H. Burr, Asst. Public Defenders, West Palm Beach, Fla., for petitioner-appellant., Richard Prospect, Asst. Atty. Gen., Day-tona Beach, Fla., for respondent-appellee.

Cases that cite this one

1 later published case cites this decision.

Bolender v. Dugger (United States District Court for the Southern District of Florida 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

Pursuant to the opinion issued April 22, 1987, by the Supreme Court of the United States, — U.S. -, 107 S.Ct. 1821, 95 L.Ed.2d 347 (1987), this cause is REMANDED to the United States District Court for the Middle District of Florida with instructions to enter an order granting the application for a writ of habeas corpus, unless the State within a reasonable period of time either resentences petitioner in a proceeding that comports with the requirements of Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978) or vacates the death sentence and imposes a lesser sentence consistent with law.

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