AUBREY DENNIS ADAMS, PETITIONER,
v.
LOUIE L. WAINWRIGHT, RESPONDENT
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ADKINS, Justice.
Aubrey Dennis Adams seeks a stay of execution on the grounds that he is incompetent to be executed. A panel of three psychiatrists has been appointed by the governor under the authority of section 922.07, Florida Statutes (1985). We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. Petitioner challenges the statutory procedure authorizing a non-adversarial executive determination of competency to be executed as violative of due process. We have considered and rejected such attacks on the validity of 922.07. Goode v. Wainwright, 448 So. 2d 999 (Fla.1984); Alvord v. State, 459 So. 2d 316 (Fla.1984). See also Solesbee v. Balkcom, 339 U.S. 9, 70 S.Ct. 457, 94 L.Ed. 604 (1950); Caritativo v. California, 357 U.S. 549, 78 S.Ct. 1263, 2 L.Ed.2d 1531 (1958). We therefore deny the requested stay of execution.
It is so ordered.
BOYD, C.J., and OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur. BARKETT, J., dissents with an opinion.
BARKETT, Justice,
dissenting.
This decision responds to Petitions filed March 2, 1986. Although my brothers on the court are familiar with this case from its previous appearances before this court, I cannot in good conscience vote to deny a stay without adequate time to review the matter.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Adams v. State, 543 So. 2d 1244 (Fla. 1989)…rs. . There were two death warrants signed in 1986. The governor granted a stay of one warrant in order that Adams be evaluated for his competency to be executed. After Adams was found competent, another warrant was signed. See Adams v. Wainwright, 484 So. 2d 580 (Fla.), cert. denied, 475 U.S. 1104, 106 S.Ct. 1506, 89 L.Ed.2d 907 (1986). . Adams submitted the affidavits of two of his counsel to support these allegations. Lead trial counsel for Adams at sentencing later filed an affidavit disclaiming the all…
Authorities Cited
- Solesbee v. Balkcom, 339 U.S. 9 (U.S. 1950)
- Caritativo v. California, 357 U.S. 549 (U.S. 1958)
- Goode v. Louie L. Wainwright, 448 So. 2d 999 (Fla. 1984)
- THE Florida BAR v. Peterman, 459 So. 2d 316 (Fla. 1984)
- Alvord v. State, 459 So. 2d 316 (Fla. 1984)