James Ernest Hitchcock v. Richard L. Dugger

Eleventh Circuit

James Ernest Hitchcock v. Richard L. Dugger

832 F.2d 140, 1987 U.S. App. LEXIS 14222

Court of Appeals for the Eleventh Circuit·Decided October 26, 1987·No. 83-3578·Published·Cited by 1 cases

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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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.

James Ernest Hitchcock v. Richard L. Dugger, 832 F.2d 140, 1987 U.S. App. LEXIS 14222 (11th Cir. 1987).

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Opinion

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