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DOUGLAS v. WAINWRIGHT

No. 81-5927.

714 F.2d 1532 (1983)

Howard Virgil Lee DOUGLAS, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Florida Department of Offender Rehabilitation, and David H. Brierton, Superintendent of Florida State Prison at Starke, Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied October 21, 1983.

Attorney(s) appearing for the Case

Larry Helm Spalding, Sarasota, Fla., Steven M. Goldstein, Assoc. Prof. Fla. State Univ., Tallahassee, Fla., for petitioner-appellant.

Alan Ellis, Philadelphia, Pa., for amicus curiae Nat. Ass'n of Criminal Defense Lawyers.

Louis G. Carres, Public Defender, West Palm Beach, Fla., for amicus curiae Florida Public Defenders Ass'n.

Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, Fla., for respondents-appellees.

Before RONEY and KRAVITCH, Circuit Judges and TUTTLE, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied October 21, 1983.

KRAVITCH, Circuit Judge:

Howard Virgil Lee Douglas was convicted by a Florida state court of murder in the first degree. In the second phase of a bifurcated trial, the jury unanimously recommended life imprisonment, rejecting imposition of the death penalty. The trial judge, however, found that the murder was "especially heinous, atrocious and cruel," that "no evidence of mitigating circumstances was...

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