DAUGHERTY v. DUGGER

No. 87-3707.

831 F.2d 231 (1987)

Jeffery Joseph DAUGHERTY, Petitioner-Appellant, v. Richard L. DUGGER, Secretary Florida Department of Corrections, and Robert A. Butterworth, Attorney General State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 13, 1987.


Attorney(s) appearing for the Case

John P. Dean, Donovan, Leisure, Newton & Irvine, Washington, D.C., for petitioner-appellant.

Richard Martell, Asst. Atty. Gen. of Fla., Daytona Beach, Fla., for respondents-appellees.

Before RONEY, Chief Judge, HILL AND HATCHETT, Circuit Judges.


BY THE COURT:

This case comes before the Court on Jeffery Joseph Daugherty's petition for certificate of probable cause and motion for stay of execution. Execution is set for October 15, 1987 at 7:00 a.m.

After considering the memoranda submitted by counsel, the full record, and extended oral argument, the Court concludes that the petition presents constitutional issues which are debatable among jurists of reason...

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