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ADAMS v. WAINWRIGHT

No. 68391.

484 So.2d 580 (1986)

Aubrey Dennis ADAMS, Petitioner, v. Louie L. WAINWRIGHT, Respondent.

Supreme Court of Florida.

March 3, 1986.

Attorney(s) appearing for the Case

Mark E. Olive, Litigation Director, Michael A. Mello and David A. Reiser, Asst. Capital Collateral Representatives, Office of the Capital Collateral Representative, Tallahassee, for petitioner.

Jim Smith, Atty. Gen. and Margene A. Roper and Richard B. Martell, Asst. Attys. Gen., Daytona Beach, for respondent.

ADKINS, Justice.

Aubrey Dennis Adams seeks a stay of execution on the grounds that he is incompetent to be executed. A panel of three psychiatrists has been appointed by the governor under the authority of section 922.07, Florida Statutes (1985). We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

Petitioner challenges the statutory procedure authorizing a non-adversarial executive determination of competency to be executed as violative of due process...

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