CARL RAY SONGER, PETITIONER-APPELLANT,
v.
LOUIE L WAINWRIGHT, ETC., AND RICHARD L. DUGGER, ETC., RESPONDENTS-APPELLEES
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The court held that the defendant's motion to recall the mandate and stay execution must be denied as all claims have been fully litigated.
Carl Ray Songer, convicted of first-degree murder and sentenced to death in 1974, has pursued extensive appeals and collateral relief, all of which ha…
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^ COURT,
On January 24, 1985, Carl Ray Songer filed a motion to recall the mandate and for stay of execution of his death sentence pending this Court’s en banc consideration of Hitchcock v. Wainwright, 745 F. 2d 1332 (1984).
After conviction of first degree murder of a Florida Highway Patrolman, Songer was sentenced to death in 1974. The Florida Supreme Court affirmed in Songer v. State, 322 So. 2d 481 (Fla.1975). The Unit-ed States Supreme Court vacated the death sentence and remanded for reconsideration in light of Gardner v. Florida, 430 U.S. 349, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977). Songer v. Florida, 430 U.S. 952, 97 S.Ct. 1594, 51 L.Ed.2d 801 (1977). After further proceedings in which trial counsel was allowed to review and rebut a presentence investigation report not previously disclosed, the trial court reimposed the death sentence on August 17, 1977. The Florida Supreme Court affirmed. Songer v. State, 365 So. 2d 696 (Fla.1978). The United States Supreme Court denied certiorari. Songer v. State, 441 U.S. 956, 99 S.Ct. 2185, 60 L.Ed.2d 1060 (1979).
Following a death warrant in 1980, Son-ger sought and was denied state collateral relief. Songer v. State, 419 So. 2d 1044 (Fla.1982). Following a death warrant in 1982, a state petition for habeas corpus relief was denied by the Florida Supreme Court. Songer v. Wainwright, 423 So. 2d 355 (Fla.1982).
A United States District Court denied federal habeas corpus relief after a hearing. Songer v. Wainwright, 571 F.Supp. 1384 (M.D.Fla.1983). After regular briefing and oral argument, this Court affirmed. Songer v. Wainwright, 733 F. 2d 788 (11th Cir.1984). A petition for rehearing and suggestion for rehearing en banc were denied on June 26, 1984. The United States Supreme Court denied certiorari on January 7, 1985. Songer v. Wainwright, — U.S. -, 105 S.Ct. 817, 83 L.Ed.2d 809 (1985). During the period of this litigation, outstanding death warrants had been stayed.
The mandate denying relief was issued by this Court on January 11, 1985, 755 F. 2d 1395, and no previously entered stays remained effective. The State has scheduled Songer’s execution for February 5, 1985 at 7:00 a.m.
All of Songer’s claims have been fully litigated and decided. To the extent that Hitchcock v. Wainwright, supra, may focus on the effect of Cooper v. State, 336 So. 2d 1133 (Fla.1976), on sentencing in Florida prior to the decision in Songer v. State, 365 So. 2d 696 (Fla.1978), that issue is not present in this case because Songer was sentenced two years before the Cooper decision, in 1974. The resentencing in 1977 was solely for the purpose of dealing with the Gardner issue by the trial judge, and was not a jury resentencing.
The motion to recall the mandate and application for stay of execution are DENIED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Songer v. Louie L. Wainwright, 769 F.2d 1497 (11th Cir. 1985)…n May 18, 1984, a panel of this court entered an opinion in this matter, 733 F. 2d 788 (11th Cir.1984). By order dated January 29, 1985, the same panel denied petitioner’s motion to recall the mandate and for stay of execution of his death sentence, 755 F. 2d 1394 (11th Cir.1985). Thereafter, a majority of the court voted to recall the mandate and consider this ease en banc, 756 F. 2d 799 (11th Cir.1985). During this same period petitioner filed a successive petition. After dismissal by the district court,…
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Songer v. Louie L. Wainwright, 756 F.2d 799 (11th Cir. 1985)…788 (11th Cir.1984), I concurred in an order denying the motion asking this Court to withdraw the mandate and stay Songer’s execution pending the en banc consideration of Hitchcock v. Wainwright, 745 F. 2d 1332 (11th Cir.1984). Songer v. Wainwright, 755 F. 2d 1394 (11th Cir.1985). I was then and am now of the view that the decision of the Court en banc in Hitchcock will not reach Songer’s argument as made to the Court on this appeal, because he was sentenced prior to Cooper v. State, 336 So. 2d 1133 (Fla.197…1 / 2
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Songer v. Wainwright, 605 F. Supp. 686 (M.D. Fla. 1985)…7, 83 L.Ed.2d 809 (1985). On January 24, 1985, petitioner filed with the Eleventh Circuit a motion to recall the mandate and application for stay of execution, which motion and application were denied on January 29, 1985. Songer v. Wainwright, 755 F.2d 1394 (11th Cir.1985) (as amended by order of Feb. 1, 1985). 755 F.2d 1395. On January 10, 1985, the Governor of Florida signed the third death warrant ordering petitioner’s execution during the week commencing at noon on January 30, 1985, and ending…
Authorities Cited (14 total)
- Gardner v. Florida, 430 U.S. 349 (U.S. 1977)
- Cooper v. State, 336 So. 2d 1133 (Fla. 1976)
- Songer v. State, 365 So. 2d 696 (Fla. 1978)
- Songer v. State, 322 So. 2d 481 (Fla. 1975)
- Voyles v. Mississippi, 441 U.S. 956 (U.S. 1979)
- Harvard v. Florida, 441 U.S. 956 (U.S. 1979)
- Songer v. State, 419 So. 2d 1044 (Fla. 1982)
- Avco Cmty. Developers, Inc. v. S. Coast Reg'l Comm'n, 430 U.S. 952 (U.S. 1977)
- In re Disbarment of Bushman, 430 U.S. 952 (U.S. 1977)
- Hitchcock v. Louie L. Wainwright, 745 F.2d 1332 (11th Cir. 1984)