Opinion
Case Nos. SC79816; SC74270.
September 17, 2002.
LOWER TRIBUNAL NO.: 83-4924
The Court, having considered the briefs and the record in case no. SC79816, hereby reverses the trial court's order denying relief on Muehleman's post-conviction motion and remands this case for a new penalty phase proceeding on an expedited basis. On remand, the trial court shall immediately advise Muehleman of his right to counsel in the new penalty phase proceeding. In light of this order, the habeas petition, case no. SC74270, is hereby dismissed as moot.
SHAW, WELLS, PARIENTE, LEWIS, JJ., and HARDING, Senior Justice, concur. ANSTEAD, C.J., concurs in result only. QUINCE, J., recused.