James Dale Purkhiser v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

In 1966 a jury in a Florida state court convicted James D. Purkhiser of first-degree murder and sentenced him to death. The Florida Supreme Court, on direct appeal, held that the evidence was insufficient to warrant submission of the issue of premeditation to the jury and, therefore, was insufficient to sustain a conviction for first-degree murder. The Florida Supreme Court held, however, that the evidence was sufficient to sustain a charge of murder in the second-degree and remanded the case for resentencing. Purkhiser v. State, Fla.1968, 210 So.2d 448. On remand, the state court imposed a…