TANZI WARRANT: Briefing begins at Florida Supreme Court
Michael Tanzi’s execution is scheduled for April 8 at 6:00 p.m. Briefing is under way on Tanzi's pending claims at the Florida Supreme Court.
Michael Tanzi’s execution is scheduled for April 8 at 6:00 p.m. (More here.) Last week, Michael Tanzi appealed the circuit court’s denial of successive postconviction claims. He also filed a petition for writ of habeas corpus. (More here.) On Monday, Tanzi filed his Initial Brief on his appeal as well as a motion for stay of execution. Today, the State filed its Answer Brief.
Tanzi’s Appeal Challenging Circuit Court Denial
Tanzi’s appeal of the circuit court’s denial of his successive motion for postconviction relief was previously covered on TFDP here.
Tanzi’s Initial Brief
Tanzi filed a 95-page Initial Brief presenting four issues for the Court’s consideration:
Tanzi requests oral argument in light of the “seriousness of the claims involved.”
State’s Answer Brief
This morning, the State filed its Answer Brief. On Tanzi’s first claim related to due process, the State argues that “[n]either the Constitution of the United States nor of the State of Florida provide Tanzi the right to protest a procedural inconvenience he has brought upon himself.” Further, the State argues: “Tanzi does not get to delay dealing with his claims for decades only to spring into action once the wheels of justice began to turn again then cry foul when the courts no longer tolerate his tired attempts to forestall his well-deserved execution.”
On Tanzi’s second claim related to public records, the State argues “[t]he trial court did not abuse its discretion by refusing to grant Tanzi’s untimely, overbroad, and irrelevant public records demands. Rather than identify what specific records he was seeking and why the trial court abused its discretion, Tanzi presents this Court with a series of conclusory grievances.”
On Tanzi’s third claim related to Florida’s lethal injection protocol, the State argues that “Tanzi was dilatory in waiting until now to raise this claim, and therefore, the postconviction court properly denied it as untimely.” Further, the State argues that the claim has no merit. “Tanzi has not demonstrated that Florida's lethal injection protocol-as applied to him-violates the Eighth Amendment of the United States Constitution.”
On Tanzi’s fourth claim related to the Governor’s warrant powers, the State argues that the Court has “repeatedly” denied this type of claim, which is “foreclosed under binding precedent.”
All of the filings related to this appeal can be found on the Court’s docket here.
Tanzi’s Motion for Stay
In his motion for stay of execution, Tanzi argues a stay is appropriate where, as here, “a warrant is set on a short timeframe.” The motion notes that the Court granted a stay in Jimenez v. State in 2018, where the warrant period was 27 days—just shy of Tanzi’s warrant period.
On Tuesday, the State filed a response to the Motion. The State argue that Tanzi has not shown “substantial grounds upon which relief might be granted” to justify a stay. The State argues that “Tanzi has altogether failed to meet his burden of showing that he is entitled to a stay.” Further, the State argues that “[t]he State of Florida and the victims of Tanzi’s crimes have an enormous interest in the finality and timely enforcement of Tanzi’s valid judgment and sentence.”
Tanzi’s reply is due Friday at 11:00 a.m.
All of the filings related to this motion can be found on the Court’s docket here.
Tanzi’s Petition for Writ of Habeas Corpus
Tanzi’s petition for writ of habeas corpus was previously covered on TFDP here. This morning, the State filed its response to Tanzi’s petition.
In its response, the State argues that Tanzi’s petition is untimely and attempts to relitigate claims that were decided adversely to him on direct appeal and in prior postconviction appeals.
Tanzi’s reply is due Friday at 11:00 a.m.
All of the filings related to this petition can be found on the Court’s docket here.
TFDP Prior Coverage of the Tanzi Warrant
My thoughts are with everyone involved in the warrant- and execution-related process.