Order in Emmett - filed by state in Lightbourne

http://www.floridasupremecourt.org/pub_info/summaries/briefs/06/06-2391/Filed_10-08-2007_Notice_Supplemental_Authority.pdf

http://www.oranous.com/florida/IanLightbourne/orderinemmett.htm

IN THE SUPREDIE COURT OF FLORIDA

IAN DECO LIGHTBOURNE, et ,, Petitioner,

v. FSC Case No, 06-2391\ fJ? ;;;G-.?

_,

BILL McCOLLUM, etc., et al., Respondents.

NOTICE OF SUPPLEMENTAL AUTHORITY

COMES NOW the State of Florida, and files the following:

1. Bnmett v. Johnson, Etc., Docket No. 07-18 (4th Cir. Oct. 5, 2007). Order Denying Motion to Hold in Abeyance and Enjoining Appellees from Execution scheduled October 18, 2007, pending Baze

v. Rees.

Respectfully submitted,

BILL McCOLLUM

Florida Bar #998818 444 Seabreeze Blvd., 5th Floor Daytona Beach, FL 32118

(386)238-4990 FAX (386) 226-0457

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above has

been furnished by Fax and DHL to: Suzanne Myers Keefer, Assistant

CCRC-South, 101 NE Third Ave., Suite 400, Ft. Lauderdale, Florida

33301,on this 5th day of October

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT FILED October 5, 2007

CHRISTOPHER SCOTT EMMETT Plaintiff -Appellant

GENE M. JOHNSON, Director, Commonwealth of Virginia Department of Corrections; GEORGE M. HINKLE, Warden, Greensville Correctional Center; LORETTA K. KELLY, Warden,

. Sussex I State Prison

Defendants -Appellees

and JOHN DOES 1-100 Defendant

ORDER

Appellant filed an application for leave to proceed on appeal in forma pauperis and a motion to place this case in abeyance and enjoin appellees from executing him on October 17, 2007, pending decision by the United States Supreme Court in Baze v. Rees, No. 07-5439. Appellees filed a response and supplemental response in opposition to the motion to place case in abeyance and to enjoin execution. Appellant filed supplemental authority and a reply in support of the motion.

The Court grants appellant leave to proceed in forma pauperis. The Court denies appellant's motion to place this case in abeyance and enjoin appellees from executing him on October 17, 2007, pending decision by the United States Supreme court in Baze v. Rees, No. 07-5439. Judge Gregory voted to grant appellant a stay of execution until the Supreme Court decides Baze v. Rees

For the Court,

/s/ Patricia S. Connor CLERK