Barclay v. State

Decision Date07 September 1978
Docket NumberNo. 47260,47260
CourtFlorida Supreme Court
PartiesElwood Clark BARCLAY and Jacob John Dougan, Jr., Appellants, v. STATE of Florida, Appellee.

PER CURIAM.

The judge who sentenced Elwood Barclay and Jacob Dougan to death for the murder of Anthony Orlando has responded to the order 1 providing for a uniform means of determining Gardner 2 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 Probation 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 presentence 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, OVERTON and HATCHETT, JJ., concur.

ADKINS, J., dissents.

1 The order was issued May 6, 1977.

3 14th Amendment, U.S. Constitution. See Gardner, above.

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14 cases
  • Barclay v. Florida
    • United States
    • U.S. Supreme Court
    • July 6, 1983
    ...the scope of the trial court's proceedings and the scope of appellate review to "matters related to compliance with this order." 362 So.2d 657 (Fla.1978).24 The court's subsequent opinion accordingly dealt only with the presentence report and treated the previous affirmance of the death sen......
  • Cutbirth v. State
    • United States
    • Wyoming Supreme Court
    • March 11, 1988
    ...v. State, Fla., 343 So.2d 1266 (1977), cert. denied 439 U.S. 892, 99 S.Ct. 249, 58 L.Ed.2d 237 (1978), remanded for resentencing 362 So.2d 657 (1978), aff'd after resentencing 411 So.2d 1310 (1981), aff'd 463 U.S. 939, 103 S.Ct. 3418, 37 L.Ed.2d 1134 (1983), rev'd upon petition for habeas c......
  • State v. Dougan
    • United States
    • Florida Supreme Court
    • October 20, 2016
    ...the defense would have the opportunity to rebut information contained in the presentence investigation reports. Barclay v. State, 362 So.2d 657, 658 (Fla.1978) (“Dougan II ”). After the Gardner hearing, the trial court reimposed Dougan's death sentence, and this Court affirmed. Dougan v. St......
  • Dougan v. State
    • United States
    • Florida Supreme Court
    • May 30, 1985
    ...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. ......
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