Carl Ray Songer v. Louie L. Wainwright, Etc., and Richard L. Dugger, Etc.

^ 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…