Songer v. Wainwright, Secretary, Florida Department of Corrections, Et Al.

1985-03-04

Headline: Denial of review keeps 1974 death sentence despite dissent saying Florida law prevented defense from presenting character evidence at sentencing

Holding: The Court declined to review Carl Songer’s case, leaving his 1974 death sentence and the lower courts’ rulings in place, despite a dissent that said Florida law barred mitigating character evidence.

Real World Impact:

Leaves Songer's death sentence and lower-court rulings in place.
Highlights dispute over admitting nonstatutory character evidence in older cases.
Shows limits of relief for pre-Lockett sentences.

Topics: death penalty, character evidence, sentencing rules, state law on sentencing

Summary

Background

Carl Songer was convicted in 1974 of killing a Florida highway patrolman. At trial the jury heard that Songer awoke in a stopped car, a patrolman reached in with a pistol, both men fired, and the patrolman died. At the separate sentencing hearing Songer’s lawyer called no character witnesses because he believed Florida’s then-new law limited mitigation to specific listed categories.

Reasoning

Lower courts and the District Court found the lawyer may have reasonably believed nonstatutory character evidence was barred under Florida law as it was understood in 1974. The Supreme Court declined to review the case. Justice Brennan, joined by Justice Marshall, argued that earlier Supreme Court decisions require that sentencers not be prevented from considering any relevant character or record evidence, and that Songer’s sentence should be vacated.

Real world impact

Because the Court denied review, the lower courts’ rulings and Songer’s sentence remain in effect. The dispute shown in the papers focuses on whether older death sentences were imposed when defense attorneys reasonably thought state law forbade presenting nonstatutory character evidence. The disagreement highlights how changes in constitutional rules after sentencing can leave unresolved questions for cases decided earlier.

Dissents or concurrances

Justice Brennan dissented from the denial of review. He explained that Florida law as applied in 1974 effectively prevented the presentation of mitigating character evidence and argued that this constitutional error should require vacating the death sentence.