Florida Supreme Court order December 14, 2006

Supreme Court of Florida

THURSDAY, DECEMBER 14, 2006

CASE NO.: SC06-2391

IAN DECO LIGHTBOURNE,

ET AL.

vs. CHARLES J. CRIST, JR.,

ETC., ET AL.

___________________________________________________________________

Petitioner(s) Respondent(s)

Ian Deco Lightbourne and other prisoners under sentences of death have filed a

petition seeking to invoke this Court's all writs jurisdiction. We have jurisdiction

pursuant to article V, section 3(b)(7) of the Florida Constitution. The petition involves

various issues relating to the execution of Angel Nieves Diaz and the use of lethal

injection as a method of execution. We grant partial temporary relief by allowing

Petitioner Lightbourne to designate a representative to attend the autopsy of Angel

Nieves Diaz and order that the autopsy of Diaz, pursuant to section 922.11(3), Florida

Statutes (2006), continue without delay in the presence of Lightbourne's

representative.

We hereby relinquish jurisdiction to the Circuit Court of the Fifth Judicial

Circuit in and for Marion County, Florida, for an immediate determination of

Petitioner Lightbourne's request for an independent autopsy of Diaz. We further

order that Diaz's body be preserved pending order of the circuit court, pursuant to this

relinquishment. All other issues raised by Petitioner Lightbourne shall be acted on by

the circuit court as soon as possible.

We defer ruling at this time on the propriety of these claims in regard to the

remaining named Petitioners.

CASE NO. SC06-2391

PAGE 2

We deny the Attorney General's motion to preserve evidence as moot in light of

this order.

It is so ordered.

A True Copy

Test:

tc

Served:

HON. VICTOR J. MUSLEH, CHIEF JUDGE

SUZANNE MYERS KEFFER

CAROLYN M. SNURKOWSKI

KENNETH S. NUNNELLEY

HON. DAVID R. ELLSPERMANN, CLERK