Charles William Proffitt v. Louie L. Wainwright, Secretary, Florida Department of Offender Rehabilitation

KRAVITCH, Circuit Judge:

I. Case History1

On March 21, 1974 appellant Charles Proffitt was tried and convicted of first degree murder by a jury in the Circuit Court of Hillsborough County, Florida. In the second phase of the bifurcated proceeding the jury issued an advisory sentence recommending the death penalty, and the judge, in agreement with that recommendation, sentenced appellant to death. Pursuant to Florida’s capital sentencing statute, Pub.L.No. 72-724, § 9,1972 Fla. Laws (current version at Fla.Stat.Ann. § 921.141 (West Supp.1982)), appellant was afforded an automatic appeal to the…