(DOWNLOAD) "Joseph A. Rosier and Janice C. Rosier v. Gainsville Inns Associates" by First District Court of Appeal of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: Joseph A. Rosier and Janice C. Rosier v. Gainsville Inns Associates
- Author : First District Court of Appeal of Florida
- Release Date : January 20, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
In 1975 a jury convicted Dougan of one count of first-degree murder and recommended that he be sentenced to death. The trial court followed the jurys recommendation, and this Court, in a combined appeal by Dougan and a co-defendant, affirmed both the conviction and sentence. Barclay v. State, 343 So.2d 1266 (Fla. 1977), cert. denied, 439 U.S. 892, 58 L. Ed. 2d 237, 99 S. Ct. 249 (1978). Later, this Court remanded for the trial court to conduct a hearing pursuant to Gardner v. Florida, 430 U.S. 349, 97 S. Ct. 1197, 51 L. Ed. 2d 393 (1977). Barclay v. State, 362 So.2d 657 (Fla. 1978). After holding a Gardner hearing, the trial court again sentenced Dougan to death, and this Court again affirmed the sentence. Dougan v. State, 398 So.2d 439 (Fla.), cert. denied, 454 U.S. 882, 70 L. Ed. 2d 193, 102 S. Ct. 367 (1981). We recently found that Dougans appellate attorney had rendered ineffective assistance of counsel and that he had a conflict of interest in representing both Dougan and a co-defendant on appeal and that, therefore, Dougan should have a new appeal. Dougan v. Wainwright, 448 So.2d 1005 (Fla. 1984). Dougan now appeals his conviction and sentence of death, giving us jurisdiction pursuant to article V, section 3 (b) (1) of the state constitution. We affirm his conviction, but remand for a new sentencing hearing.