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SONGER v. WAINWRIGHT

No. 83-3500.

755 F.2d 1394 (1985)

Carl Ray SONGER, Petitioner-Appellant, v. Louie L. WAINWRIGHT, etc., and Richard L. Dugger, etc., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing Granted April 9, 1985.

Attorney(s) appearing for the Case

Joseph Jordan, West Palm Beach, Fla., for petitioner-appellant.

Frank Lester Adams, III, Peggy A. Quince, Asst. Attys. Gen., Tampa, Fla., for respondents-appellees.

Before RONEY and VANCE, Circuit Judges, and SIMPSON, Senior Circuit Judge:

Rehearing En Banc Granted April 9, 1985.

BY THE COURT:

On January 24, 1985, Carl Ray Songer filed a motion to recall the mandate and for stay of execution of his death sentence pending this Court's en banc consideration of Hitchcock v. Wainwright, 745 F.2d 1332 (1984).

After conviction of first degree murder of a Florida Highway Patrolman, Songer was sentenced to death in 1974. The Florida Supreme Court affirmed...

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