DOBBERT v. WAINWRIGHT

No. 84-3608.

742 F.2d 1274 (1984)

Ernest John DOBBERT, Jr., Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections of the State of Florida, R.L. Dugger, Superintendent of Florida State Prisons, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 6, 1984.


Attorney(s) appearing for the Case

Patrick D. Doherty, Clearwater, Fla., Steven H. Malone, Rahdert, Malone & Richardson, St. Petersburg, Fla., for petitioner-appellant.

Carolyn M. Snurkowski, Asst. U.S. Atty., Miami, Fla., for respondents-appellees.

Before VANCE, HENDERSON and CLARK, Circuit Judges.


PER CURIAM:

The motion for further stay beyond 10:00 a.m. E.D.T. on Friday, September 7, 1984 is DENIED. The judgment of the district court, 593 F.Supp. 1418, is AFFIRMED on the basis of the district court's opinion of September 3, 1984.

AFFIRMED.

CLARK, Circuit Judge, dissenting:

I would grant a stay of execution to permit a panel to review fully the substantial constitutional questions raised in the appeal...

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