HARGRAVE v. DUGGER

No. 84-5102.

832 F.2d 1528 (1987)

Lenson A. HARGRAVE, Petitioner-Appellant, v. Richard L. DUGGER, Secretary, Department of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied January 4, 1988.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, Elliot H. Scherker, Asst. Public Defender, and Karen M. Gottlieb, Miami, Fla., for petitioner-appellant.

Robert A. Butterworth, Atty. Gen. of Florida, Carolyn Snurkowski, Richard E. Doran, Ralph Barreira, Asst. Attys. Gen., Miami, Fla., for respondent-appellee.

Before RONEY, Chief Judge, and TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, ANDERSON, CLARK and EDMONDSON, Circuit Judges.


RONEY, Chief Judge:

The Court took this case in banc to consider the issue of whether a procedural default in this pre-Lockett Florida murder case foreclosed petitioner Lenson A. Hargrave's right to a review of his claim that his death sentence was invalid for failure of the judge and jury to properly consider non-statutory mitigating evidence at the sentencing hearing.

The federal district court had denied relief, and a panel of this Court affirmed...

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