Sunday, 12 August 2007

The clock is still running?

MS. KEFFER: Your Honor, I guess I don't
understand, the clock is still running -

THE COURT: I don't know what that means.

MS. KEFFER: I don't understand what that
comment is, but I want to

MR. NUNNELLEY: The time --that means the
time for DC to get their protocols into the Court
is started now and doesn't wait.

THE COURT: I don't have a time limit on

THE COURT: He's suggested he might do it by
the 3rd, but we don't have --a final will be
no --no sooner than five weeks after they submit
their amendments or changes.

MR. NUNNELLEY: And since --your Honor,
since we're talking about having a final hearing,
that implies --that carries with it the clear
meaning that the order this Court anticipates
entering that the defense is preparing is not a
final order that disposes of all issues contained
in this remand from the Florida Supreme Court.

THE COURT: I'll let the Supreme Court decide
that one.

MS. KEFFER: Your Honor, I don't want -since
you're asking me to draft an order, I do
want some clarification. I guess my first
question is; your Honor had indicated before that
it's not effective until you sign the written

However, I'm asking that the temporary stay
that you're entering be effective as of today,
because there's nothing that will prevent -

THE COURT: It think that should be effective
as of today.


THE COURT: I think it would be improper for
the Governor to consider taking up signing a death
warrant at this time.

MS. KEFFER: Okay. And your Honor, also just
for clarification, are you asking for a --I guess
a simple one page order saying that the temporary
injunction is granted? I guess I'm or do you
want it to reflect all of the findings that you
have set forth today?

THE COURT: I'll leave that up to your
dis~retion. It can be just a simple order.

MR. NUNNELLEY: And I suggest Ms. Keffer has
transformed it into a temporary injunction, I
think that's -

MS. KEFFER: A temporary stay.

MR. NUNNELLEY: Well, if you'll let me
finish. I think temporary injunction is the
proper way to phrase this. Legally there is

THE COURT: I agree with that.

MR. NUNNELLEY: There is no --there is
nothing to stay.
THE COURT: No, I agree with that.
MR. NUNNELLEY: So a temporary injunction is

the proper terminology, which is in itself a
non-final non-appealable order, I believe.

THE COURT: Okay. I think that would be


THE COURT: So we can have an order next week
depending on how much you want to put in it.

MR. NUNNELLEY: Judge, just --just so
everybody is clear because while I know the other
death warrant case is irrelevant to this case, I
do have a hearing in that case next week. And I
am going to have to answer some questions about
what is going on here, whether Ms. Keffer likes it
or not.


MR. NUNNELLEY: So my understanding is that
the final hearing will be scheduled within five
weeks of the time that

THE COURT: No sooner than five weeks.

MR. NUNNELLEY: No sooner than five weeks
from the time the Department of Corrections get
its protocols to you, or procedures to you, as
modified as directed by the Court.


MR. NUNNELLEY: And I understand that we are
looking at a final hearing potentially the week of
September 17th.

THE COURT: Possibly.

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