http://www.angel-diaz.us/lethal/Filed_08-22-2007_MotionClarification_Attachments.pdf
L Z
INTmCIRCUIT COURT OFTHE
F][FTH JUDICIAL CIRCUIT,
IN AND FOR MARION COUNTY,
FLORIDA
STATE OF FLORIDA,
Plaintiff
VS. Case No.81-170-CF-A-01
IAN DECOLIGHTBOURNE,
Defendant.
MOTION FOR AN IMMEDIATE HEARING
The Dehdant, IAN DECO LIGmUIRNIE, through undersigned counsel, hereby files
this Motion For An Immediate Hearing. Insupport thereof,Mr. Lightbourne submitsas follows;
The Dehdant, IAN DECO LIGmUIRNIE, through undersigned counsel, hereby files
this Motion For An Immediate Hearing. Insupport thereof,Mr. Lightbourne submitsas follows;
1. Pwsuant to the FIorida Supreme Court's denial of the State's Petition for Review
of Non-Final Order and his Court's order granting Mr.Lightbourne's Motion to View the
Execution Chmk and Witness a Walk-Through, Mr. Lightbourne requeststhat this Court set a
hearing as soon as possible to address the details of scheduling Mr. Lightbourne's counsel's visit
to Florida State Prison to view the execution chamber and witness a walk-*ugh of a mock
execution.
2. he to the: fact that this Court is on vacation the week of August 20, 2007,
undersigned counsel has contacted counsel for the Department of Corrections in an attempt to
work out the schedulin~details. Undersigned counsel sent a letter via facsimile to counsef for
the Department of Corrections indicating the availability of Mr. Lightbourne's counsel and the
personswho will attend. A copy of that letter is attached to this motion.
of Non-Final Order and his Court's order granting Mr.Lightbourne's Motion to View the
Execution Chmk and Witness a Walk-Through, Mr. Lightbourne requeststhat this Court set a
hearing as soon as possible to address the details of scheduling Mr. Lightbourne's counsel's visit
to Florida State Prison to view the execution chamber and witness a walk-*ugh of a mock
execution.
2. he to the: fact that this Court is on vacation the week of August 20, 2007,
undersigned counsel has contacted counsel for the Department of Corrections in an attempt to
work out the schedulin~details. Undersigned counsel sent a letter via facsimile to counsef for
the Department of Corrections indicating the availability of Mr. Lightbourne's counsel and the
personswho will attend. A copy of that letter is attached to this motion.
WHEEFORE, Mr. Lightbourne respectfullyrequests that this Court set a hearing on this
matter as soon as pussible.
LWlI HL COLLATERAL Fax :9547131299 Rug 21 2007 14:59 P. 03
4 t
I HEREBY CERTIFY that a true copy of the foregoing Motion For An Immediate Hearing
has been furnished by U.S. Mail, first class postage prepaid, and FwpY counsel of record on
has been furnished by U.S. Mail, first class postage prepaid, and FwpY counsel of record on
~low~arNo. 0150177
ANNA-LUSA NEON
Staff Attorney
Florida Bar No. 0026283
Capital Collateral Regional
Counsel -South
101 NE Third Avenue, Suite 400
Ft.Ladrdale, FL,33301
(954) 713-1284
Attorneys for Mr. Li&tbourne
ANNA-LUSA NEON
Staff Attorney
Florida Bar No. 0026283
Capital Collateral Regional
Counsel -South
101 NE Third Avenue, Suite 400
Ft.Ladrdale, FL,33301
(954) 713-1284
Attorneys for Mr. Li&tbourne
Copies furnished to;
Kenneth S. Nunnelley ' Maxitnillian J. Changus
Assistant Attorney Gend Assistant General CounseI
444 Seabreeze BIvd, 5th Floor, FloridaDepartment of Corrections
Daytona Beach, FL 32118 2601 Blair Stone Road
Fax 386-226-0457 Tallahassee, FL 32399
Fax 850-922-4355
Rock E.Hooker
Assistant State Attorney
19 NW Pixie Avenue
Ocala, FL 34475
Fax 352-620-3365
The Honorable Carven D.Angel
Circuit Court Judge
Marion County Judicial Center
110 NW First Avenue
Ocala, FL 34475
Fax 352-401-6760
Kenneth S. Nunnelley ' Maxitnillian J. Changus
Assistant Attorney Gend Assistant General CounseI
444 Seabreeze BIvd, 5th Floor, FloridaDepartment of Corrections
Daytona Beach, FL 32118 2601 Blair Stone Road
Fax 386-226-0457 Tallahassee, FL 32399
Fax 850-922-4355
Rock E.Hooker
Assistant State Attorney
19 NW Pixie Avenue
Ocala, FL 34475
Fax 352-620-3365
The Honorable Carven D.Angel
Circuit Court Judge
Marion County Judicial Center
110 NW First Avenue
Ocala, FL 34475
Fax 352-401-6760
CWITRL COLLRTERCIL Fax :9507131299
LAW OFFICE OFTHE
Neal A. Duprce
Capital CoUatuat Rcgioxlal Counsel
101N.E.3rd Avenue, Suite 401)
Ft. budcrdale, FL 33301
(9%) 713-1284
(SC) 453.1284
101N.E.3rd Avenue, Suite 401)
Ft. budcrdale, FL 33301
(9%) 713-1284
(SC) 453.1284
F&Y (954) 713-1299
FAX (SC) 453-I2YY
August 21,2007
Maximillian 5. Changus
Assistant General Counsel
Florida Department of Corrections
2601 Blair StoneRoad
'
Tallahassee, FL32399
Fax 850-922-4355
Fax 850-922-4355
RE: STATE OF FLORIDA v. IAN DECO LIGHTBOURNE,Case No.SC07-1499; Lower
COU~
NO.1981-170-CR-A41
Dear Mr. Chm&us,
1have attempted to contactyou today and left two messages.,I am writing pursuant to the
Florida Supreme Court's order denying Petitioner's Petition for Review of Non-Final Order and
the circuit court's order granting Mr. Lightbome's request for counsel to view the execution
chamber and witness a walk-through. Nile J: have filed a motion for an immediate hearing on
this matterIJudge Angel, as you may how, is on vacation until August 28,2007. Therefore,I
write to attempt to work out someof the details for viewing the chamber and witnessing a walk-
through prior to commencingthe final hearing in the above captioned matter on that date.
Florida Supreme Court's order denying Petitioner's Petition for Review of Non-Final Order and
the circuit court's order granting Mr. Lightbome's request for counsel to view the execution
chamber and witness a walk-through. Nile J: have filed a motion for an immediate hearing on
this matterIJudge Angel, as you may how, is on vacation until August 28,2007. Therefore,I
write to attempt to work out someof the details for viewing the chamber and witnessing a walk-
through prior to commencingthe final hearing in the above captioned matter on that date.
As I have previously indicabd, counsel for Mr. Lightbourne is available to view the chamber
andlor witness a walk-throughat anytime before expiration of the relinquishment period as set
forth by the Florida Supreme Court, including Wednesday, August 22,2007, should a walk-
through be scheduled for that date. Further, while my preference is for an expert to view the
chamberand witnessa walk-through, my expert is not available to do so based onthe time
~onvtraintsin place. Therefore, those attending will include only Mr. Lightbourne's legal em:
myself, Mr. Dupree, Ms. Eckert, Ms. Nixon and Ms. Kravath.
andlor witness a walk-throughat anytime before expiration of the relinquishment period as set
forth by the Florida Supreme Court, including Wednesday, August 22,2007, should a walk-
through be scheduled for that date. Further, while my preference is for an expert to view the
chamberand witnessa walk-through, my expert is not available to do so based onthe time
~onvtraintsin place. Therefore, those attending will include only Mr. Lightbourne's legal em:
myself, Mr. Dupree, Ms. Eckert, Ms. Nixon and Ms. Kravath.
If you ~ouldplease let me knowwhenwdk-through's are currently scheduled, we may hable to
work out the details in order to expedite this matter.Thank you in advance for your cooperation
and assistance.
work out the details in order to expedite this matter.Thank you in advance for your cooperation
and assistance.
,/I
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