DOWNS v. DUGGER

No. 71100.

514 So.2d 1069 (1987)

Ernest Charles DOWNS, Petitioner, v. Richard L. DUGGER, Respondent.

Supreme Court of Florida.

Rehearing Denied November 23, 1987.


Attorney(s) appearing for the Case

Maurice N. Nessen and Stephen N. Young of Kramer, Levin, Nessen, Kamin & Frankel, New York City, for petitioner.

Robert A. Butterworth, Atty. Gen., and Richard E. Doran and Elizabeth Masters, Asst. Attys. Gen., Tallahassee, for respondent.


PER CURIAM.

Ernest Charles Downs, under sentence of death and the governor's death warrant, petitions this Court for extraordinary relief, writ of habeas corpus and stay of execution. We have jurisdiction. Art. V, § 3(b)(1), (7) & (9), Fla. Const. We grant the writ, stay the governor's warrant, vacate Downs' sentence of death, and remand for a new sentencing proceeding that complies with Hitchcock v. Dugger, ___ U.S. ___, 107 S.Ct. 1821, 95 L.Ed.2d...

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