Florida Supreme Court docket Ian Lightbourne

Florida Supreme Court Docket

Case Docket

Case Number: SC06-2391 - Active

IAN DECO LIGHTBOURNE, ET AL. vs. BILL MCCOLLUM., ETC., ET AL.

Date Docketed Description Filed By Notes 12/14/2006 PETITION-ALL WRITS PT Michael George Bruno, Sr. 658761 BY: PT Suzanne Myers Keffer 150177 & E-MAIL (12/15/2006: O&7 OF PETITION FILED) 12/14/2006 No Fee Required 12/14/2006 ORDER-RESPONSE/REPLY REQUESTED Petitioner has filed an Emergency Petition Seeking to Invoke this Court's All Writs Jurisdiction. Respondent is hereby requested to file a response to the above-referenced petition by 11:30 a.m., Thursday, December 14, 2006. NO REPLY TO RESPONSE WILL BE ACCEPTED. 12/14/2006 ORDER-EXT OF TIME GR (RESPONSE) Respondent's ore tenus motion for extension of time is granted and respondent is allowed to and including 11:45 a.m., Thursday, December 14, 2006, in which to file its response. 12/14/2006 MOTION-OTHER SUBSTANTIVE DE Hon. Charles J. Crist, Jr. BY: RS Carolyn M. Snurkowski 158541 (EMERGENCY) TO PRESERVE EVIDENCE (12/14/2006: DENIED AS MOOT); (12/14/2006: O&7 FILED) 12/14/2006 ORDER-RELINQUISHMENT GR (CIRC CT) 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. We deny the Attorney General's motion to preserve evidence as moot in light of this order. 12/14/2006 RESPONSE DE Hon. Charles J. Crist, Jr. BY: RS Carolyn M. Snurkowski 158541 (EXTENDED FROM 11:30 A.M. TO 11:45 A.M.) E-MAIL ; (12/14/2006: O& 7 FILED) 12/14/2006 MOTION-OTHER SUBSTANTIVE PT Ian Deco Lightbourne 078081 BY: PT Suzanne Myers Keffer 150177 FOR OPPORTUNITY TO BE HEARD (E-MAIL); 12/15/2006: ORIGINAL MOTION FILED 12/14/2006 ORDER-OTHER SUBSTANTIVE DY Petitioner's motion for opportunity to be heard is hereby denied as moot . 12/14/2006 RELINQUISHMENT STARTED 12/14/2006 NOTICE-FILING DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 998818 HRG IN CIRC CT ON INDEPENDANT AUTOPSY OF DIAZ SET FOR 12/15/2006 (FAXED); (12/19/2006: ORIGINAL FILED) 12/18/2006 ORDER-CIRCUIT COURT TO RELEASE THE BODY OF ANGEL NIEVES DIAZ DATED 12/18/2006, BY JUDGE CARVEN D. ANGEL; (12/20/2006: CERTIFIED COPY OF ORDER FILED) 12/27/2006 NOTICE-FILING (RICKEY BERNARD ROBERTS) WAS INADVERTENTLY LISTED AS A PETITIONER AT THE TIME THIS MATTER WAS INITIATED AND THAT MR. ROBERTS IS CURRENTLY NOT UNDER A SENTENCE OF DEATH (FILED BY MARTIN J. MCCLAIN) 12/28/2006 NOTICE-FILING (JIM ERIC CHANDLER) ADVISING COURT OF FILING IN CIRCUIT COURT A MOTION TO AMEND MOTION TO VACATE 01/05/2007 ORDER-CASE STYLE CHANGE The style of the above case has been changed from Ian Deco Lightbourne, et al. vs. Charles J. Crist, Jr., etc., et al. to Ian Deco Lightbourne, et al. vs. Bill McCollum, etc., et al. 01/08/2007 NOTICE-FILING (ROBERT RIMMER) ADVISING COURT OF FILING IN DUVAL CIRCUIT COURT MOTION FOR DISCOVERY (FILED BY LINDA MCDERMOTT) 02/07/2007 NOTICE-FILING (SONNY BOY OATS) ADVISING COURT OF FILING IN MARION COUNTY CIRCUIT COURT MOTION TO AMEND MOTION TO VACATE JUDGMENTS OF CONVICTION AND SENTENCES (FILED BY MARTIN J. MCCLAIN) 0&7. 02/09/2007 DISP-DISM WITHOUT PREJUDICE Other than petitioner Lightborne, all of the petitioners' claims are dismissed. The dismissal is without prejudice to the petitioners' filing any claim which they may have in the appropriate court for that individual petitioner. This Court has made no decision as to the validity of the claims raised and whether those claims are timely or otherwise barred. If a petitioner files a claim, the court in which the claim is filed shall treat the claim as if it had initially been filed in that court. 02/09/2007 ORDER-STATUS REPORTS Petitoner Lightbourne and the State are hereby directed, on or before February 19, 2007, to provide the Court a status report on the proceedings in the circuit court pursuant to this Court's December 14, 2006, order relinquishing jurisdiction. In that report, the parties shall also advise the Court as to the effect of the current proceedings in this case on the issue of denial of an evidentiary hearing on the lethal injection claim raised as Issue 2 in the postconviction appeal currently pending in Case No. SC06-1241. 02/09/2007 STATUS REPORT PT Ian Deco Lightbourne 078081 BY: PT Suzanne Myers Keffer 150177 RE: PROCEEDINGS IN THE CIRCUIT COURT PER THIS COURT'S ORDER 12/14/2006 RELINQ ORDER 02/19/2007 STATUS REPORT DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 0998818 RE: PROCEEDINGS IN THE CIRCUIT COURT PER THIS COURT'S 12/14/06 RELINQ ORDER 02/28/2007 STATUS REPORT DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 0998818 SUPPLEMENTAL STATUS REPORT RE: RELINQ PROCEEDINGS 03/05/2007 NOTICE-FILING DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 998818 OF THE FINAL REPORT WITH FINDINGS AND RECOMMENDATIONS OF THE GOVERNOR'S COMMISSION ON ADMINISTRATION OF LETHAL INJECTION 03/16/2007 ORDER-STATUS REPORTS Petitioner Lightbourne and the State are hereby directed, on or before March 21, 2007, to proivde this Court with a status report addressing the March 9, 2007, status conference held in the circuit court. The parties shall continue to file status reports every thirty days to advise this Court of any further action in the circuit court proceedings. 03/19/2007 STATUS REPORT DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 0998818 RE: RELINQ PROCEEDINGS 03/21/2007 STATUS REPORT PT Ian Deco Lightbourne 078081 BY: PT Suzanne Myers Keffer 150177 ADDRESSING THE 03/09/2007, STATUS CONFERENCE (O&7) 03/22/2007 STATUS REPORT DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 0998818 SUPPLEMENTAL W/COPY OF THE TRANSCRIPT OF STATUS CONF HELD 02/21/2007 (O&7) 03/29/2007 STATUS REPORT DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 0998818 SUPPLEMENTAL (WITH ATTACHED TRANSCRIPT HELD ON 03/09/2007) 04/13/2007 STATUS REPORT DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 0998818 (O&7) 05/16/2007 STATUS REPORT DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 998818 - RE: RELINQUISHMENT PROCEEDINGS 07/12/2007 ORDER-STATUS REPORTS The Court relinquished jurisdiction in this case and requested that the issues raised by petitioner Lightbourne "shall be acted on by the circuit court as soon as possible". The Court has received periodic status reports and the last status report indicated that the evidentiary hearing took place on May 18 and 21, 2007, with additional proceedings on July 17-21, 2007, to follow. The Court hereby directs the circuit court to provide to this Court by July 17, 2007, the earliest possible date that the proceedings in the trial court can be concluded and a final order entered. 07/17/2007 STATUS REPORT BY: JU Hon. Carven D. Angel, Judge 0015774 - TO ORDER DATED 07/12/2007 (FILED AS LETTER W/CIRCUIT COURT ORDER DATED 07/17/2007) (FAX) 07/18/2007 ORDER-OA SCHED Having been advised by the Honorable Carven Angel that the final order in the above proceeding, which was relinquished to the trial court on December 14, 2006, will be entered by September 10, 2007, we hereby set the following schedule for filings to be made in this Court. The record on appeal shall be filed by Friday, September 14, 2007. The initial brief on the merits shall be filed by Wednesday, September 19, 2007; answer brief on the merits shall be filed by Wednesday, September 26, 2007; and reply brief on the merits shall be filed by Friday, September 28, 2007. Oral argument is scheduled for 9:00 a.m. Thursday, October 11, 2007. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary. NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all documents, including any attachments and appendices, in an electronic format as required by the provisions of that order. In addition to the above schedule, the court reporters are hereby directed to transmit, by July 27, 2007, an electronic version of the transcripts provided to the parties per Judge Angel's order dated July 17, 2007, to the following e-mail address: e-file@flcourts.org. Counsel for Ian Lightbourne is directed to provide a copy of this order to the court reporters involved in the above transcription of proceedings. Counsel for the parties are also directed, by August 24, 2007, to transmit electronic copies of the written closing arguments filed in the trial court to the following e-mail address: e-file@flcourts.org. 07/18/2007 ORAL ARGUMENT CALENDAR 07/18/2007 ORDER-CIRCUIT COURT DATED 7/17/07 RE: ORDER PROVIDING EARLIEST POSSIBLE DATE FOR CONCLUSION OF PROCEEDINGS (ORIGINAL ORDER - COPY REC'D 7/17/07) 07/31/2007 ORDER-CIRCUIT COURT DATED 07/31/07 RE: TEMPORAR STAY 08/01/2007 ORDER-CIRCUIT COURT DATED: 08/01/07 RE: AMENDED(CORRECTING SCRIVENER ERRORS) (ORIGINAL COPY FILED 08/03/07) 08/01/2007 NOTICE-FILING DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 998818 RE: NOTICE OF FILING AND REQUEST FOR FINAL HEARING FILED IN CIRCUIT COURT ON AUGUST 1, 2007 (08/02/07 ORIGINAL & SEVEN COPIES REC'D) 08/01/2007 NOTICE-FILING DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 998818 (COPY) STYLED IN THE CIRCUIT COURT 08/02/2007 ORDER-CIRCUIT COURT DATED 08/02/07 RE: ORDER SETTING FINAL HEARING 08/02/2007 ORDER-CIRCUIT COURT DATED 08/02/07 RE: SECOND AMENDED (CORRECTING SCRIVENER ERRORS) (08/03/07: ORIGINAL COPY FILED) 08/03/2007 ORDER-CIRCUIT COURT DATED 08/02/07 RE: ORDER SETTING STATUS CONFERENCE 08/06/2007 ORDER-OTHER SUBSTANTIVE On August 1, 2007, the State filed a Notice of Filing in the above proceeding attaching its Notice of Filing and Request for Final Hearing filed in the trial court certifying the readiness of the Florida Department of Corrections to carry out executions pursuant to the revised lethal injection procedures effective after August 1, 2007. The State has moved the trial court to schedule a final hearing for September 5, 2007, so that a final order may be entered by the trial court by September 10, 2007, in conformance with the trial court's July 17, 2007, status report to this Court. The schedule set forth by this Court in its July 18, 2007, scheduling order, and as further set forth below, will govern this proceeding unless the parties show good cause no later than August 10, 2007, why additional time is required to conclude the proceedings and for the trial court to enter a final order. If the parties demonstrate good cause, the Court will modify the scheduling order; otherwise the times set forth shall remain in effect. On or before September 10, 2007, all evidentiary proceedings in the trial court shall be concluded, with a final order entered and trial court jurisdiction terminated. The record on appeal shall be filed in this Court by Friday, September 14, 2007. The initial brief on the merits shall be filed by Wednesday, September 19, 2007; answer brief on the merits shall be filed by Wednesday, September 26, 2007; and reply brief on the merits shall be filed by Friday, September 28, 2007. Oral argument is scheduled for 9:00 a.m. Thursday, October 11, 2007. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary. NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all documents, including any attachments and appendices, in an electronic format as required by the provisions of that order. In addition to the above schedule, the court reporters are hereby directed to transmit to this Court, by August 10, 2007, an electronic version of the transcript of the August 7, 2007, status conference. The court reporters are further hereby directed to transmit to this Court an electronic version of the transcript of the final evidentiary hearing within five days after the conclusion of the hearing. 08/06/2007 NOTICE-FILING DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 998818 RE: CIRCUIT COURT ORDER DATED 08/02/07, SETTING FINAL HEARING (O&7) 08/07/2007 ORDER-CIRCUIT COURT DATED 08/07/07 RE: AMENDED ORDER SETTING FINAL HEARING 08/08/2007 NOTICE-FILING DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 998818 RE: CIRCUIT COURT ORDER DATED 08/07/07, ORDER SETTING EVIDENTIARY HEARING FOR AUGUST 28-31, 2007 08/09/2007 MOTION-REHEARING ON MISC ORDER PT Ian Deco Lightbourne 078081 BY: PT Suzanne Myers Keffer 150177 FILED AS "EMERGENCY MOTION TO VACATE THE SCHEDULING ORDER WHICH TERMINATES JURISDICTION IN THE CIRCUIT COURT ON SEPTEMBER 10, 2007 BASED ON GOOD CAUSE" (WITH ATTACHMENTS);(08/10/2007: ORIGINAL MOTION & 7 COPIES FILED) (8/13/07: AMENDED/CORRECTED MOTION FILED) 08/09/2007 ORDER-CIRCUIT COURT DATED 08/09/07 RE: ORDER GRANTING DEFENDANT'S MOTION FOR A VIEW OF EXECUTION CHAMBER AND WITNESS A WALK THROUGH 08/09/2007 RESPONSE DE Hon. Charles J. Crist, Jr. BY: RS Carolyn M. Snurkowski 158541 FILED AS "RESPONSE IN OPPOSITION TO PETITIONER'S EMERGENCY MOTION TO VACATE SCHEDULING ORDER WHICH TERMINATES JURISDICTION IN THE CIRCUIT COURT ON SEPTEMBER 10, 2007, BASED ON GOOD CAUSE"; 08/10/2007: ORIG. RESPONSE FILED. 08/10/2007 NOTICE-FILING DE Hon. Charles J. Crist, Jr. BY: RS Kenneth S. Nunnelley 998818 RE: CIRCUIT COURT ORDER DATED 08/07/2007, ORDER SETTING EVIDENTIARY HEARING FOR AUGUST 28-41, 2007 (O&7) 08/10/2007 MOTION-REPLY FILING TO RESPONSE TO MOTION PT Ian Deco Lightbourne 078081 BY: PT Suzanne Myers Keffer 150177 FILED AS "MOTION FOR OPPORTUNITY TO BE HEARD"; 07/13/2007: O&7 FILED 08/10/2007 RESPONSE DE Hon. Charles J. Crist, Jr. BY: RS Carolyn M. Snurkowski 158541 TO LIGHTBOURNE'S MOTION FOR OPPORTUNITY TO BE HEARD 08/10/2007 NOTICE DE Hon. Charles J. Crist, Jr. BY: RS Carolyn M. Snurkowski 158541 FILED AS "NOTICE OF COMPLIANCE OF SERVICE VIA FAX" 08/14/2007 ORDER-OTHER SUBSTANTIVE DY Petitioner's Amended/Corrected (Correcting Scriveners Errors) Petitioner's Emergency Motion to Vacate the Scheduling Order Which Terminates Jurisdiction in the Circuit Court on September 10, 2007 Based on Good Cause and Petitioner's Motion for Opportunity to Be Heard are hereby denied. 08/14/2007 RESPONSE PT Ian Deco Lightbourne 078081 BY: PT Suzanne Myers Keffer 150177 FILED AS "RESPONSE TO NOTICE OF COMPLIANCE OF SERVICE VIA FAX" (O&7)