ROSE v. DUGGER

No. 69210.

508 So.2d 321 (1987)

James Franklin ROSE, Petitioner, v. Richard L. DUGGER, Superintendent, Florida State Prison; and Louie L. Wainwright, Secretary, Florida Department of Corrections, Respondents.

Supreme Court of Florida.

Rehearing Denied July 10, 1987.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Fifteenth Judicial Circuit, and Craig S. Barnard, Chief Asst. Public Defender and Louis G. Carres, Asst. Public Defender, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., and Richard G. Bartmon, Diane Leeds and Carolyn V. McCann, Asst. Attys. Gen., West Palm Beach, for respondents.


SHAW, Justice.

James Franklin Rose filed a petition for a writ of habeas corpus and a motion to stay his execution. We have jurisdiction. Art. V, § 3(b)(9), Fla. Const. We granted the stay of execution to consider the issues raised in the petition. We now deny the petition for a writ of habeas corpus and vacate the stay.

Rose was charged with kidnapping and murder. His first trial resulted in a mistrial because the jury could not reach a verdict. Rose...

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