WAINWRIGHT WARRANT: Second petition filed at U.S. Supreme Court
Anthony Wainwright’s execution is scheduled for June 10 at 6:00 p.m. He currently has two petitions pending at SCOTUS and an appeal at the U.S. Court of Appeals for the Eleventh Circuit.
Anthony Wainwright’s execution is scheduled for a week from today—June 10 at 6:00 p.m. Here's the update on pending litigation as of today, including Wainwright’s second petition filed at the U.S. Supreme Court Friday and an appeal at the U.S. Court of Appeals for the Eleventh Circuit.
Cert. Petition Related to Postconviction Claims
As TFDP covered, Wainwright filed last week a petition for writ of certiorari seeking review of the Florida Supreme Court’s decision affirming the circuit court’s denial of his successive motion for postconviction relief. On Friday, the State filed its Brief in Opposition to Wainwright’s petition and response to Wainwright’s application for stay of execution. Yesterday, Wainwright filed his Reply in support of the petition. The petition is now fully briefed.
The filings in this case can be found on the Court’s docket here.
Petition for Writ of Habeas Corpus
On Friday, Wainwright, through his federal defense attorneys, filed a petition for writ of habeas corpus at the U.S. Supreme Court. The petition presents the following questions:
In the petition, Wainwright argues that he could not have raised the claims in the petition in the federal courts below because they are bound by precedent that would bar the claims.
Along with the petition, Wainwright filed an application for stay of execution.
The filing in this case can be found on the Court’s docket here.
Federal Claim Appealed to the Eleventh Circuit
As TFDP previously covered, Wainwright filed a claim in the U.S. District Court for the Middle District of Florida alleging a violation of his federal constitutional due process and equal protection rights related to alleged shortcomings of his state postconviction counsel, Mr. Harrison.
The State filed a motion to dismiss Wainwright’s claims, which TFDP covered here. On Friday, the Court entered a 25-page Order granting the State’s motion to dismiss and a judgment closing the case. A copy of the Order can be downloaded here.
Shortly after the Middle District’s ruling, Wainwright filed a notice of appeal to the U.S. Court of Appeals for the Eleventh Circuit. After receiving the appeal, the Eleventh Circuit established the following briefing schedule:
Mr. Wainright’s initial brief and any motion for stay of execution shall be filed by 11:00 pm ET on June 6, 2025.
The Defendants’ answer brief and any response to a motion for stay of execution shall be filed by 2:00 pm ET on June 8, 2025.
Mr. Wainright’s reply brief and reply to the response to the motion for stay of execution shall be filed by 10:00 am ET on June 9, 2025.
Wainwright’s initial brief was filed at 10:30 p.m. Friday along with an emergency motion to stay the execution.
Just after noon today, the State filed its answer brief and a response to Wainwright’s motion to stay.
TFDP Prior Coverage of the Wainwright Warrant
My thoughts are with everyone involved in the warrant- and execution-related process.
Time to pay the price for kidnapping, raping and murdering a 23 y/o mother and wife.