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484 So. 2d 580

484 So.2d 580

11 Fla.L.Weekly 93

Adams v. Wainwright

Supreme Court of Florida

Decided March 3, 1986

Supreme Court of Florida · decided 1986-03-03

Cited by 1 later decisions — most recently May 1989

1 state decisions

Relies on Solesbee v. Balkcom · Caritativo v. People of the State of California · 448 So. 2d 999 - Goode v. Wainwright

Good law ✅— No negative treatment on recordhow we know

Decided 1986-03-03

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ADKINS, Justice.

¶1Aubrey 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.

¶2Petitioner 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.

¶3It is so ordered.

BOYD, C.J., and OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur.BARKETT, J., dissents with an opinion.
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