Antone v. Dugger, Superintendent, Florida State Prison, et al. (465 U.S. 200)
U.S. Supreme Court · decided January 25, 1984 · Supreme Court Database (Spaeth)
- Citation
- 465 U.S. 200 · 104 S. Ct. 962
- Decided
- January 25, 1984
- Term
- October Term 1983
- Vote
- 7–2
- Issue area
- Criminal Procedure
- Disposition
- Petition denied or appeal dismissed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Per Curiam. We consider an application for a stay of execution that had been set for January 24, 1984, at 7 a. m., and a petition for writ of certiorari. The Court of Appeals for the Eleventh Circuit granted a temporary stay until January 25, at 12 noon, to afford applicant an opportunity to apply to this Court for a stay of execution. At the same time, the Court of Appeals denied applicant’s request for issuance of a certificate of probable cause and his application for an indefinite stay of execution. The application and petition now before us were not filed until January 25, shortly after the expiration of the temporary stay. The State has filed an opposition to the pending application. HH Oñ August 27, 1976, a jury convicted applicant of first-degree murder. He was sentenced to death. The evidence upon which the conviction was based showed that applicant had planned the “contract murder” of a Tampa police officer, apparently to prevent the officer from testifying at a grand jury investigation of “Mob” activities. On the first appeal, the Florida Supreme Court remanded for a hearing on the question whether the failure to disclose an attorney’s-fees arrangement between the State and one of the prosecution witnesses had violated applicant’s due process rights under Brady v. Maryland, 373 U. S. 83 (1963), and United States v. Agurs, 427 U. S. 97 (1976). Antone v. State, 365…
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