Florida/Georgia Personal Injury & Workers Compensation

...On October 15, 2008, Tompkins filed a fifth successive amended or revised motion to vacate judgment and sentence raising six claims: (1) deprivation of due process rights under chapter 119, Florida Statutes, to access public records; (2) the Governor's failure to comply with section 922.06(2), Florida Statutes (2004), and reset Tompkins's execution in 2004 following the expiration of a stay precludes his execution; (3) the failure to reschedule Tompkins's execution four years ago violates the Eighth Amendment prohibition...

...On October 24, 2008, Tompkins filed his petition for all writs jurisdiction, or alternatively for writ of habeas corpus in this Court, raising the following claims, all of which have been raised in either his fourth or fifth successive postconviction motion: (1) the Governor's failure to comply with section 922.06(2) and reset Tompkins's execution *1080 in 2004, following the expiration of a stay, precludes his execution; (2) failure to reschedule Tompkins's execution four years ago violates the Eighth Amendment; (3) collateral counsel was ineff...

...denied a neutral, detached judge or that Judge Coe failed to independently weigh the aggravating and mitigating circumstances at the time the sentencing order was prepared." 872 So.2d at 247. Accordingly, we reject Tompkins's argument. Violation of Section 922.06(2), Florida Statutes Next, Tompkins argues that Governor Crist's action on October 2, 2008, in resetting his execution, violated section *1084 922.06(2), Florida Statutes....

...State, 975 So.2d 1090, 1104 (Fla.2008) (finding a claim procedurally barred because it was neither raised in Green's 3.851 motion nor addressed by the trial court). Second, even if Tompkins had raised this argument in the trial court, there is no authority that supports a claim that section 922.06(2) either explicitly or implicitly provides criminal defendants with any enforceable rights and, specifically, a "right" to a speedy execution....

...Further, shortly after Tompkins IV became final, Tompkins filed his third postconviction *1085 motion, the summary denial of which was not affirmed by this Court until 2007 in Tompkins VI. Accordingly, the trial court did not err in summarily denying Tompkins's claim that Governor Crist violated section 922.06(2) in resetting his execution....

...d mitigating circumstances. Tompkins IV, 872 So.2d at 244-45. [10] The prior cases Tompkins refers to include Roberts v. State, 840 So.2d 962 (Fla.2002); State v. Riechmann, 777 So.2d 342 (Fla.2000); and Card v. State, 652 So.2d 344 (Fla.1995). [11] Section 922.06 provides: (1) The execution of a death sentence may be stayed only by the Governor or incident to an appeal....

...tion of the death sentence. When the new date for execution of the death sentence is set by the Governor under this subsection, the Attorney General shall notify the inmate's counsel of record of the date and time of execution of the death sentence. § 922.06, Fla....

...[20] We summarily deny Tompkins's petition without further discussion because each of the five claims are identical to the issues raised in the appeals of the orders currently before us in this opinion. The petition raised the following five claims: (1) the Governor's failure to comply with section 922.06(2) concerning the rescheduling of his execution; (2) Tompkins's prolonged time on death row; (3) ineffective assistance of collateral counsel for failing to obtain a legible copy of the March 24, 1985, police report; (4) actual innocen...

...imposition of the execution - 18 - of the death penalty in several statutes. See, e.g., § 921.141, Fla. Stat. (2013) (establishing procedures for the imposition and administration of the death penalty); § 922.06, Fla....

...nited States Constitution and article I, sections 9 and 12 of the Florida Constitution. (11) The indictment charging first-degree murder was fatally defective in violation of the sixth and fourteenth amendments to the United States Constitution. [2] § 922.06, Fla....

...In order for this Court to grant a stay of execution, there must be an appeal or habeas corpus pending before this Court and there is no appeal pending except in the Suarez matter, which is scheduled to be heard by this Court on June 13, 1988. See § 922.06, Fla....

...eat confusion as to how this case and future cases under warrant are to proceed. QUINCE, J., concurs. NOTES [1] Dr. Fleming practices in Cheyenne, Wyoming. However, the conference she was attending was located in Casper, Wyoming. [2] We are aware of section 922.06, Florida Statutes (1997), which provides that a stay may be entered only by the Governor or incident to appeal....

...limited to the reports of expert witnesses, and the court shall not be strictly bound by the rules of evidence. [6] Though it was not a basis of the trial judge's ruling, there is a legal issue as to whether he could enter a stay in compliance with section 922.06, Florida Statutes, which states: Stay of execution of death sentence.— (1) The execution of a death sentence may be stayed only by the Governor or incident to an appeal....

...orida Statutes (1983), and the regulation of the execution, section 922.11, Florida Statutes (1983). When the death warrant is issued by the governor, the execution of the death sentence can be stayed only by the governor or "incident to an appeal." § 922.06, Fla....

was reset violated due process, and (4) that section 922.06 is unconstitutional. The circuit court denied

...As in Muhammad‟s case, after the passage of the Act, the Governor could have chosen to continue, rather than complete, Henry‟s clemency proceeding. Furthermore, after signing a death warrant, the Governor retains statutory authority to stay Henry‟s execution if he chooses to do so. See § 922.06(1), Fla....

...2008), this Court concluded that a death-sentenced inmate could not challenge the Governor‟s issuance of a warrant or the timing of his execution. Following the signing of his death warrant in 2008, Tompkins argued that because Governor Bush—who had signed a death warrant for Tompkins in 2001—“was required [by section 922.06(2)] to reschedule his execution within ten days of the lifting of the stay of execution,” “Governor Crist lacked the authority to reset the execution in October 2008.” Id. at 1084. This Court affirmed the summary denial of Tompkins‟ claim, reasoning that it was procedurally barred and, alternatively, that “there is no authority that supports a claim that section 922.06(2) either explicitly or implicitly provides criminal defendants with any enforceable rights and, specifically, a „right‟ to a speedy execution.” Id....

...Henry, like Jarvis and Tompkins, does not offer any authority to support his claim that his sentence should be delayed or commuted as a result of any noncompliance with a statute governing the issuance of a death warrant. Moreover, when sections 922.052 and 922.06 are read as a whole, the Legislature clearly expresses an intent that a time designation in the warrant is not essential to carrying out the sentence....

...(Emphasis added.) Section 922.052(4), however, explains that “[i]f, for any reason, the sentence is not executed during the week designated, the warrant shall remain in full force and effect and the sentence shall be carried out as provided in s. 922.06.” (Emphasis added.) Section 922.06(2), in turn, provides: (a) If execution of the death sentence is stayed by the Governor, and the Governor subsequently lifts or dissolves the stay, the Governor shall immediately notify the Attorney General that the stay has been lifted or dissolved....

its argument, the Attorney General cites to section 922.06, Florida Statutes (2001). This section states:

...Michael, on the other hand, has not filed a 3.850 motion, and his application for stay is devoid of any facts which would allow a court to consider that document as a color-able motion under rule 3.850. The circuit court, therefore, had no jurisdiction to entertain his application for a stay. See § 922.06, Fla.Stat....