Tuesday 21 August 2007

Florida Supreme Court order on walk through

Supreme Court of Florida

MONDAY, AUGUST 20, 2007
CASE NO.: SC07-1499
Lower Tribunal No(s).: 1981-170CF
STATE OF FLORIDA vs. IAN DECO LIGHTBOURNE
Petitioner(s) Respondent(s)
The Court having determined that the trial court order does not depart from the
essential requirements of law under particular circumstances of this case and is not
beyond the scope of the remand, Respondent's Petition for Review of NonFinal Order
is hereby denied. However, this denial is subject to the trial court determining factual
issues regarding whether and when a walk through is currently scheduled and the
details of the view of the death chamber and a walk through. If the trial court
determines that there is no regularly scheduled walk through before the end of the
relinquishment, the trial court shall deny the request for walk through.
LEWIS, C.J., and ANSTEAD, PARIENTE, and QUINCE, JJ., concur.
WELLS, J., would grant the State's petition but in view of majority decision agrees
with limits placed with regard to walk through, BELL, J., concurs.
CANTERO, J., would grant the State's petition as to the walk through, but in view of
majority decision agrees with limitations placed with regard to walk through.

A True Copy
Test:

Signature: Thomas D. Hall, Clerk of Court
tc
Served:
KENNETH S. NUNNELLEY
SUZANNE MYERS KEFFER
HON. CARVEN D. ANGEL, JUDGE
HON. DAVID R. ELLSPERMANN, CLERK

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