Florida was warned over and over again and did not listen

However, since

the Hill decision, which completely altered the legal landscape, and since the disclosure

that a new lethal injection protocol has been adopted, Mr. Diaz has NOT had access to

the federal courts.

A wealth of new factual and legal developments have occurred

regarding the constitutionality of the lethal injection protocol that Mr. Diaz has not had

the opportunity to present to the federal courts.

These include the new evidence that has

surfaced regarding the substantial Eighth Amendment problems inherent in the lethal

injection procedures first discussed in THE LANCET article, the litigation in Morales v.

Hickman, and the similar litigation in Ohio federal court, etc. The State’s argument that

Mr. Diaz has had the opportunity to litigate these new facts in light of the new law is

simply false.

10. Mr. Diaz respectfully requests that this Court allow him the opportunity to

be heard (a basic component of due process) as to the State’s arguments and false

assertions presented in the Response when it contends that this Court does not have

jurisdiction to hear Mr. Diaz’s petition.

Mr. Diaz must be given an opportunity to

respond to the incorrect factual assertions made by Respondent.

11. At its core, due process means that a party has an opportunity to be heard.

In light of the State’s new arguments submitted this morning, Mr. Diaz must be permitted

to file a reply to the State’s Response..

MOTION FOR OPPORTUNITY TO BE HEARD

IN THE SUPREME COURT OF FLORIDA

NO. SC06-2325

EMERGENCY CAPITAL CASE, DEATH WARRANT SIGNED;

EXECUTION SCHEDULED FOR DECEMBER 13, 2006 AT 6:00 P.M.

ANGEL NIEVES DIAZ,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

__________________________/

MOTION FOR OPPORTUNITY TO BE HEARD