Legal Opinion

Stephen Todd Booker v. Richard L. Dugger, Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit

Decided January 14, 1991No. 88-3751PublishedCited by 23 opinions

1Opinion of the Court

CLARK, Circuit Judge:

The state of Florida appeals the district court’s grant of habeas corpus. Because the district court correctly determined that petitioner Stephen Todd Booker’s death sentence was imposed in violation of Hitchcock v. Dugger, 481 U.S. 393, 107 S.Ct. 1821, 95 L.Ed.2d 347 (1987) (applying Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57 *634L.Ed.2d 973 (1978), to Florida capital punishment process), and because this error was not harmless, we affirm.

The facts of the underlying crime are set out in the opinion of the Florida Supreme Court on direct appeal. Booker v. State, 397…

2Cases cited18 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Lockett v. OhioSupreme Court of the United States · 1978
  3. Skipper v. South CarolinaSupreme Court of the United States · 1986
  4. Hitchcock v. DuggerSupreme Court of the United States · 1987
  5. David Ross Delap, Sr. v. Richard L. Dugger, Secretary, Department of Corrections, State of FloridaCourt of Appeals for the Eleventh Circuit · 1989

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3Cited by23 opinions

  1. Bernard Bolender, A/K/A Bernard Bolander v. Harry K. Singletary, Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1994
  2. Smith v. DixonCourt of Appeals for the Fourth Circuit · 1994
  3. Ferguson Ex Rel. Ferguson v. Secretary for the Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2009
  4. Robert Dewey Glock v. Harry K. SingletaryCourt of Appeals for the Eleventh Circuit · 1995
  5. Booker v. SingletaryCourt of Appeals for the Eleventh Circuit · 1996

18 more not listed; retrieve them via the Exa API.

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