PETITIONER’S EMERGENCY MOTION TO RELINQUISH JURISDICTION -Lightbourne

http://www.floridasupport.us/Florida/IanLightbourne/emergencymotionrelinquish.htm

http://www.floridasupport.us/Florida/IanLightbourne/Filed_09-11-2007_FSC-EmergencyRelinquish.pdf

IN THE SUPREME COURT OF FLORIDA

IAN DECO LIGHTBOURNE,

Petitioner,

Case No. SC06-2391

v.

BILL McCOLLUM, ET AL.,

Respondents.

____________________________/

PETITIONER’S EMERGENCY MOTION TO RELINQUISH JURISDICTION IN
ORDER TO ALLOW THE LOWER COURT TO RULE ON “MOTION FOR
REHEARING AND/OR CLARIFICATION”

THE PETITIONER, IAN DECO LIGHTBOURNE, by and through undersigned
counsel, hereby requests that this Court grant his emergency request to relinquish jurisdiction to
the lower court based on the following:

1. On July 22, 2007, the circuit court issued a temporary injunction prohibiting the
State from setting an execution date in this cause based on several concerns regarding the May 9,
2007 procedures for carrying out lethal injection. A written order was signed on July 31, 2007.

2. Following the Department of Corrections’ promulgation of new procedures on
August 1, 2007, and pursuant to the State’s “Request for Final Hearing,” this Court issued a
scheduling order on August 6, 2007. This Court ordered that “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.” Id.

3. On September 10, 2007, undersigned counsel received a faxed copy of the circuit
court order denying relief.

4. In that order, Circuit Court Judge Carven Angel did not address or discuss any of
the previous concerns as announced in open court on July 22, 2007. In fact, the changes made to
the May 9, 2007 protocols pursuant to the lower court’s July 31, 2007 order are barely even
mentioned in the final order.

5. The next day, on September 11, 2007, the St. Petersburg Times published an
article regarding the circuit court order. See Alex Leary and Meg Laughhlin, Times Staff
Writers, Stay on Death Penalty Lifted, A judge who held up a case says concerns he had about
lethal injection are resolved, The St. Petersburg Times, September 11, 2007. According to the
article:

In that earlier order, Judge Angel expressed concerns about the
way the execution procedure is staffed, from the qualifications of
the executioner to the job descriptions for the lethal injection team.

Reached by telephone at his Ocala home Monday night, Angel
explained why his opinion had changed: "The Department of
Corrections appeared to me to be sensitive to those concerns and
addressed them."

Id. The article also provided further insight into the lower court’s reasoning regarding this case
that remains pending:

Angel said Monday night that it's worth remembering that the state
Supreme Court has yet to consider these issues. Oral arguments in
the Lightbourne and Schwab cases are scheduled for Oct. 11.

"The concerns I expressed in the July order are real, legitimate
concerns and can't be ignored," said Angel, 64. "The state and
the department are going to have to be sensitive to them.
Maybe the Florida Supreme Court will say something about it
but ... I obviously don't feel I have the authority to change
things the Florida Supreme Court changes."

Id. (Emphasis added).

6. The lower court’s concerns, as reported to the media, are not clearly set forth in
its order. The order provides no discussion as to how the Department of Corrections was
sensitive to those concerns, or how this Court feels those concerns have been remedied in any
way. The comments to the press indicate that the court may have misapprehended the scope and
purpose of the remand and the extent of authority to grant or deny relief. Based on the insights
into the lower court’s reasoning, Mr. Lightbourne intends to file a Motion for Rehearing and/or
Clarification in the circuit court simultaneously with this motion. See attached.

7. Due process requires that this Court grant this emergency motion to relinquish
jurisdiction for the purpose of seeking rehearing and/or clarification. The additional comments
as reported to the media provide insight into the lower court’s reasoning and unless Mr.
Lightbourne is given an opportunity to seek clarification regarding those comments, he will be
prejudiced on appeal.

WHEREFORE, Mr. Lightbourne respectfully requests that this Honorable Court grant his
emergency motion and relinquish jurisdiction to the circuit court for the reasons stated.

Respectfully submitted,

_____________________________

SUZANNE MYERS KEFFER

Assistant CCRC

Florida Bar No. 0150177

ROSEANNE ECKERT

Assistant CCRC

Florida Bar No. 082491

ANNA-LIISA NIXON

Staff Attorney

Florida Bar No. 0026283

OFFICE OF THE CAPITAL

COLLATERAL REGIONAL COUNSEL

101 N.E. 3rd Ave., Suite 400

Ft. Lauderdale, FL 33301

(954) 713-1284

COUNSEL FOR MR. LIGHTBOURNE

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Mail and facsimile to Kenneth S. Nunnelley, Assistant Attorney General, 444 Seabreeze
Blvd, 5th Floor, Daytona Beach, FL 32118, Rock E. Hooker, Assistant State Attorney, 19 NW
Pine Avenue, Ocala, FL 34475, Maximillian Changus, Assistant General Counsel, Florida
Department of Corrections, 2601 Blair Stone Road, Tallahassee, FL 32399, and the Honorable
Carven D. Angel, Circuit Court Judge, Marion County Judicial Center, 110 NW First Avenue,
Ocala, FL 34475 on this 10th day of September, 2007.

_____________________________

SUZANNE MYERS KEFFER

Assistant CCRC

Florida Bar No. 0150177