JAMES WARRANT: SCOTUS update
Edward James' execution is scheduled for tomorrow at 6:00 p.m. He currently has two petitions for writ of certiorari pending at the U.S. Supreme Court.
Edward James’ execution is scheduled for 6:00 p.m. tomorrow. If completed, it will be the second execution in the State this year. Last week, the Florida Supreme Court and U.S. Court of Appeals for the Eleventh Circuit denied James’ claims for relief ahead of his execution. As of this morning, James has two petitions for writ of certiorari pending at the U.S. Supreme Court.
Cert Petition (Florida Supreme Court)
On Monday, James filed a petition for writ of certiorari related to the Florida Supreme Court’s decision—as TFDP covered here.
On Tuesday, the State filed its Brief in Opposition to James’ petition. The State rephrased the questions presented as follows:
On the first issue, the State makes several arguments as to why the Court should deny the petition, including that the Florida Supreme Court did not address the issue. The State argues that the “question is altogether not worth of th[e] Court’s attention.” On the second issue, the State argues that “[f]undamental fairness does not mandate relitigation, and certainly not based on new evidence that has not been shown to relate back in time to 2003, much less on the eve of a warrant.”
James has the opportunity to file a reply, which will likely be filed today.
The State also filed a Response to James’ Application for Stay of Execution arguing that a stay is improper.
Full copies of the filings can be downloaded from the online docket available here.
Cert Petition (Eleventh Circuit)
Also on Monday and not previously covered, James filed a petition for writ of certiorari related to the Eleventh Circuit’s decision.
The petition presents the following question:
James also filed an application for stay of execution. In the application, James argues that he is likely to succeed on the merits of his petition, “delay is not a reason to deny” the requested stay," and the State will not be substantially harmed by a stay. Further, James argues that “a stay would not be adverse to the public interest.”
The State filed its Brief in Opposition and Response to the Application for Stay on Tuesday. The State argues that the Court “should simply deny the petition and then deny the stay.”
James has the opportunity to file a reply in support of his petition, which will likely be filed today.
Full copies of the filings can be downloaded from the online docket available here.
TFDP Prior Coverage of the James Warrant
My thoughts are with everyone involved in the warrant- and execution-related process.