Booker v. Wainwright, 82-5468
| Decision Date | 20 April 1982 |
| Docket Number | No. 82-5468,82-5468 |
| Citation | 675 F.2d 1150 |
| Parties | Stephen Todd BOOKER, Petitioner, v. Louie L. WAINWRIGHT, Secretary, Florida Department of Corrections, Respondent. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Appeal from the United States District Court for the Northern District of Florida, Lynn C. Higby, Judge.
Richard H. Burr, III, Nashville, Tenn., Stephen Bernstein, Gainesville, Fla., for petitioner.
Jim Smith, Atty. Gen., State of Fla., Raymond Marky, Asst. Atty. Gen., Tallahassee, Fla., for respondent.
Before HILL, FAY and VANCE, Circuit Judges.
The above matter is pending before this court on petitioner's application for a stay of his execution and a certificate of probable cause to appeal. This application was filed in the clerk's office of this court in Atlanta, Georgia, during the late afternoon of yesterday, April 19, 1982. Petitioner's execution is scheduled, pursuant to the warrant of the Governor of the State of Florida issued March 21, 1982. That warrant provided for petitioner's execution at any time from Friday, April 16, 1982 through noon Friday, April 23, 1982. The superintendent of the Florida State Prison, pursuant to that warrant, has set 7:00 a. m., tomorrow, April 21, 1982, as the time and date for the execution.
A brief history of the proceedings leading up to this petition for stay is not inappropriate.
The petitioner was charged with the capital offense of murder on account of an incident which took place on November 9, 1977. In that incident, it has been found by the courts of the State of Florida, at trial and on appeal, that petitioner feloniously entered the home of a 90-year-old woman bent upon burglary. The owner returned, whereupon the petitioner attacked this 90-year-old woman sexually and by repeatedly stabbing her, produced her death, leaving her with a butcher knife impaling her throat and another knife imbedded in her chest where there were several other stab wounds.
On June 21, 1978, after a full jury trial, petitioner was found guilty and, on October 20, 1978, after a sentencing hearing, petitioner was sentenced to capital punishment.
Thereafter, upon appeal, the conviction and sentencing were affirmed by the Supreme Court of Florida on March 19, 1981. Thereupon the petitioner applied to the United States Supreme Court for writ of certiorari which was, after consideration, denied on October 19, 1981.
Petitioner has been in custody and under this final sentence ever since. It therefore appears that petitioner had standing during all of this time to make any collateral attack upon his conviction or sentence that he desired.
On March 21, 1982, the Governor of the State of Florida issued the warrant referred to above. Petitioner took no action in the federal court system until April 14, 1982, 48 hours before the commencement of the period set for his execution and one week before the date selected by the superintendent for that procedure. On the said date, April 14, the petitioner caused to be filed a lengthy application for the writ of habeas corpus in the United States District Court for the Northern District of Florida and the same was assigned to United States District Judge Lynn Higby. Upon consideration, the District Judge did on April 19, 1982 announce from the bench that the petition was denied with an order to follow....
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Booker v. State, SC93422.
...cert. denied, 454 U.S. 1000, 102 S.Ct. 542, 70 L.Ed.2d 407 (1981); Booker v. State, 413 So.2d 756 (Fla.1982); Booker v. Wainwright, 675 F.2d 1150 (11th Cir.1982); Booker v. Wainwright, 703 F.2d 1251 (11th Cir.);cert. denied, 464 U.S. 922, 104 S.Ct. 290, 78 L.Ed.2d 266 (1983); Booker v. Stat......
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Booker v. Wainwright
...pauperis (Record at 273). In any event, appeal was taken to the Eleventh Circuit, which issued an order granting stay. Booker v. Wainwright, 675 F.2d 1150 (11th Cir.1982). 7 We now consider the merits of Booker's claims on appeal. II. USE IN CROSS EXAMINATION OF PSYCHIATRIC EXAM INFORMATION......
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Hooks v. Wainwright, 71-144-Civ-J-S
...with the observation of Honorable Lynn C. Higby, United States District Judge for the Northern District of Florida, in Booker v. Wainwright, 675 F.2d 1150 (11th Cir. 1982), so long as the State of Florida persists in ignoring reality by refusing to provide defendants sentenced to death lega......
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Booker v. Wainwright, 84-3306
...On April 20, 1982 this court granted a stay of execution in order to review fully the district court's decision. Booker v. Wainwright, 675 F.2d 1150 (11th Cir.1982). The district court opinion was affirmed by this court on April 25, 1983. Booker v. Wainwright, 703 F.2d 1251, reh'g denied, 7......