DAVID LIVINGSTON FUNCHESS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. | 1979-02-08
No. 47828
ENGLAND, C. J., and ADKINS, BOYD, OVERTON, SUNDBERG and HATCHETT, JJ., concur.
367 So. 2d 1007 Florida Supreme Court (1979) Positive Treatment
Cited by 9 cases
Topics
Right To Confront Evidence Capital Sentencing

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Opinion of the Court

Pursuant to the dictates of Gardner v. Florida, 430 U.S. 349, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977), this Court ordered the trial judge who imposed the death sentence to advise the Court whether he imposed the death sentence after consideration of any information not known to appellant. His initial response stated that no information undisclosed to appellant was considered. Upon order for clarification, however, the trial judge advised the Court that he had before him a confidential portion of the presentence investigation report on appellant.

Appellant asserts, by affidavit, that he was not shown that report and requests relief pursuant to Gardner. On consideration of appellant’s petition and the trial court’s responses to our Gardner order and our order for clarification, and pursuant to the decision of the United States Supreme Court in Gardner v. Florida, 430 U.S. 349, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977), appellant’s sentence of death in this cause is vacated. The case is remanded to the trial court for resentencing, without the necessity of an advisory jury, but with directions to provide counsel for the state and the defendant an opportunity to explain, contradict, and argue regarding the relevance, materiality, and import of the confidential information, as well as other matters properly considered by the trial court concerning appellant’s sentence under section 921.141, Florida Statutes (1977).

It is so ordered.

ENGLAND, C. J., and ADKINS, BOYD, OVERTON, SUNDBERG and HATCHETT, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Funchess v. State, 399 So. 2d 356 (Fla. 1981)
    …ordered. SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ENGLAND and ALDERMAN, JJ., concur. McDONALD, J., dissents. . Funchess v. State, 341 So. 2d 762 (Fla.1976), cert. denied, 434 U.S. 878, 98 S.Ct. 231, 54 L.Ed.2d 158 (1977). . Funchess v. State, 367 So. 2d 1007 (Fla.1979).…
  • Funchess v. State, 449 So. 2d 1283 (Fla. 1984)
    …U.S. 878, 98 S.Ct. 231, 54 L.Ed.2d 158 (1977); an order remanding the case to the trial court for resentencing without an advisory jury proceeding pursuant to Gardner v. Florida 430 U.S. 349, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977), Funchess v. State, 367 So. 2d 1007 (Fla.1979); and on appeal following resen-tenee of death, affirmed in Funchess v. State, 399 So. 2d 356 (Fla.), cert. denied, 454 U.S. 957, 102 S.Ct. 493, 70 L.Ed.2d 261 (1981). On June 23, 1982, Governor Bob Graham signed Funchess’ death warrant.…
  • Funchess v. Louie L. Wainwright, 772 F.2d 683 (11th Cir. 1985)
    …ursuant to the Supreme Court decision in Gardner v. Florida, 430 U.S. 349, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977), Funchess’ death sentences were vacated and remanded by the Florida Supreme Court to the trial court for resentencing. Funchess v. State, 367 So. 2d 1007 (Fla. 1979) (hereinafter Funchess II). After a hearing on the Gardner issue, the trial court reimposed a sentence of death for each count. The reimposition of the death sentences was affirmed by the Florida Supreme Court in Funchess v. State, 399 So…
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