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

RONEY, Circuit Judge:

In 1974, Carl Ray Songer was convicted of the first-degree murder of a Florida Highway Patrolman and sentenced to death. The Florida Supreme Court affirmed in Songer v. State, 322 So.2d 481 (Fla.1975) (“Songer I”), but the United States Supreme Court subsequently vacated and remanded for reconsideration of the sentence in light of Gardner v. Florida, 430 U.S. 349, 97 S.Ct. 1197, 51 L.Ed.2d 393. Songer v. Florida, 430 U.S. 952, 97 S.Ct. 1594, 51 L.Ed.2d 801 (1977). The death penalty was reimposed by the trial judge in August of 1977, and reaffirmed by the Florida Supreme…