832 F.

2d 140

James Ernest HITCHCOCK, Petitioner-Appellant,

v.
Richard L. DUGGER, Respondent-Appellee.
No. 83-3578.

United States Court of Appeals,

Eleventh Circuit.
Oct. 26, 1987.

Craig Barnard, Asst. Public Defender, Richard L. Jorandby, Public

Defender, 15th Judicial Circuit of Florida, Richard B. Greene, Richard H.
Burr, Asst. Public Defenders, West Palm Beach, Fla., for petitionerappellant.
Richard Prospect, Asst. Atty. Gen., Daytona Beach, Fla., for respondentappellee.
Appeal from the United States District Court for the Middle District of
Florida; John A. Reed, Jr., Judge.
Before RONEY, Chief Judge, GODBOLD, TJOFLAT, HILL, FAY,
VANCE, KRAVITCH, JOHNSON, ANDERSON, CLARK, and
EDMONDSON, Circuit Judges, and MORGAN, Senior Circuit Judge.*
ON REMAND FROM THE SUPREME COURT OF THE UNITED
STATES
PER CURIAM:

Pursuant to the opinion issued April 22, 1987, by the Supreme Court of the
United States, --- U.S. ----, 107 S.Ct. 1821, 95 L.Ed.2d 347 (1987), this cause is
REMANDED to the United States District Court for the Middle District of
Florida with instructions to enter an order granting the application for a writ of
habeas corpus, unless the State within a reasonable period of time either
resentences petitioner in a proceeding that comports with the requirements of
Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978) or vacates

the death sentence and imposes a lesser sentence consistent with law.

Senior Circuit Judge Lewis R. Morgan elected to participate in this decision,

pursuant to 28 U.S.C.A. Sec. 46(c)