Bennie E. Demps v. Richard L. Dugger, as Secretary, Department of Corrections, State of Florida

832 F.2d 1233

Bennie E. DEMPS, Petitioner-Appellant,
v.
Richard L. DUGGER, as Secretary, Department of Corrections,
State of Florida, Respondent-Appellee.

No. 87-3767.

United States Court of Appeals,
Eleventh Circuit.

Nov. 4, 1987.

Robert Harper, Larry Helm Spalding, Capital Collateral Representative, Mark Evan Olive, Chief Asst. Capital Collateral Representative, Tallahassee, Fla., for petitioner-appellant.

Mark Menser, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellee.

Appeal from the United States District Court for the Middle District of Florida.

Before FAY, JOHNSON and CLARK, Circuit Judges.

1

Prior report: 395 S.2d 501.

BY THE COURT:

2

The execution of petitioner, Bennie E. Demps, is STAYED until further order of this Court.

3

This Court hereby GRANTS petitioner a certificate of probable cause as to his "Hitchcock claim". As to all other claims, the request for certificate of probable cause is DENIED.