ELWOOD CLARK BARCLAY AND JACOB JOHN DOUGAN, JR., APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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The Florida Supreme Court vacated death sentences imposed on Barclay and Dougan for murder because the sentencing procedure failed to satisfy constitutional due process requirements. The court remanded for a new sentencing hearing where the defense could fully rebut all information in the presentence investigation reports.
The death sentences are vacated and remanded because the sentencing procedure did not satisfy the constitutional command of the Due Process Clause. On remand, the trial court must conduct a hearing where the defense has the opportunity to rebut any information in the presentence investigation reports with full access to the reports and sufficient time to prepare.
[1] A death sentence must be vacated and remanded for a hearing if the defense was not provided a meaningful opportunity to rebut information contained in presentence investi…
[2] Due process requires that a defendant have access to the full presentence investigation report and sufficient time to prepare a rebuttal before sentencing.
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Join FLexlaw to unlock all legal intelligence“To assure that the sentencing procedure in this case satisfies the constitutional command of the Due Process Clause, the death sentences are vacated and the cause is remanded to the trial court.”
The court's core holding that the death sentences must be vacated due to due process deficiency and remanded for proper sentencing procedure.
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Join FLexlaw to unlock all legal intelligenceElwood Barclay and Jacob Dougan were sentenced to death for the murder of Anthony Orlando. The trial judge stated that death sentences were not impose…
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PER CURIAM.
The judge who sentenced Elwood Barclay and Jacob Dougan to death for the murder of Anthony Orlando has responded to the order1 providing for a uniform means of determining Gardner relief. In his response he states that the sentences of death were not imposed on appellants based on any information unknown to them and that, prior to sentencing, the defense was provided copies of the presentence investigation reports prepared in the case by the Proba tion and Parole Commission. It does not appear clearly from the response or the record, however, precisely when the reports were released to the defense and whether it had a meaningful opportunity to be heard on any of the matter in either report. To assure that the sentencing procedure in this case satisfies the constitutional command of the Due Process Clause,3 the death sentences are vacated and the cause is remanded to the trial court. The court is directed to provide a hearing at which the defense has the opportunity to rebut any of the information contained in the presen-tence investigation reports, whether in the confidential portion of the report or any other part. This direction, of course, requires that the defense have access to the reports-in-full with sufficient time before the hearing to prepare rebuttal. Following the hearing the court is to impose sentences. If death is imposed as to .either appellant there will be available in this Court review, limited to matters related to compliance with this order.
Accordingly, the death sentences are vacated and the case is remanded to the Circuit Court, in and for Duval County, with directions to conduct the proceeding outlined in this order.
It is so ordered.
ENGLAND, C. J., and BOYD, OVER-TON and HATCHETT, JJ., concur. ADKINS, J., dissents. . The order was issued May 6, 1977. . See Gardner v. Florida, 430 U.S. 349, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977). . 14th Amendment, U.S. Constitution. See Gardner, above.
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Citator
Cited By (13 total)
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Pope v. Louie L. Wainwright, 496 So. 2d 798 (Fla. 1986)…o the defendant or his counsel. The Court in Gardner focused its analysis on whether the defense was given a meaningful opportunity to deny or explain the contents of the report. Gardner, 430 U.S. at 362, 97 S.Ct. at 1207. See also Barclay v. State, 362 So. 2d 657 (Fla.1978). Rather than have us look to the meaningfulness of the review had, the petitioner asks us to announce a blanket rule that three hours can never be considered a meaningful opportunity to review and evaluate a presen-tencing report in prepa…
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Dougan v. State, 470 So. 2d 697 (Fla. 1985)…66 (Fla.1977), cert. denied, 439 U.S. 892, 99 S.Ct. 249, 58 L.Ed.2d 237 (1978). Later, this Court remanded for the trial court to conduct a hearing pursuant to Gardner v. Florida, 430 U.S. 349, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977). Barclay v. State, 362 So. 2d 657 (Fla.1978). After holding a Gardner hearing, the trial court again sentenced Dougan to death, and this Court again affirmed the sentence. Dougan v. State, 398 So. 2d 439 (Fla.), cert. denied, 454 U.S. 882, 102 S.Ct. 367, 70 L.Ed.2d 193 (1981). We re…
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Elwood C. Barclay v. Louie L, 444 So. 2d 956 (Fla. 1984)…n Barclay v. State, 343 So. 2d 1266 (Fla.1977), cert. denied, 439 U.S. 892, 99 S.Ct. 249, 58 L.Ed.2d 237 (1978), but later remanded for resentencing because of Gardner v. Florida, 430 U.S. 349, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977). Barclay v. State, 362 So. 2d 657 (Fla.1978). [*958] On remand the trial court resentenced Barclay to death, which we affirmed. Barclay v. State, 411 So. 2d 1310 (Fla.1981), affirmed, — U.S. -, 103 S.Ct. 3418, 77 L.Ed.2d 1134 (1983). Following the United States Supreme Court’s affir…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gardner v. Florida, 430 U.S. 349 (U.S. 1977)