WARRANT: James files habeas petition at Florida Supreme Court
Edward James’ execution is scheduled for 6:00 p.m. on March 20. If completed, it will be the second execution in the State this year.
On February 26, the circuit court entered written orders denying James’ successive motion for postconviction relief. Also last week, the federal court denied James’ emergency motion for leave to amend his petition for writ of habeas corpus.
On Friday, February 28, James filed a Notice of Appeal of the circuit court’s denial of his successive motion for postconviction relief. His initial brief is due Wednesday at 3:00 p.m. Yesterday, James filed a petition for writ of habeas corpus and motion for stay of execution at the Court.
Petition for Writ of Habeas Corpus
Yesterday, James filed a petition for writ of habeas corpus and motion for stay of execution at the Court. NOTE: This is a separate case than James’ appeal of the circuit court’s summary denial of his postconviction motion.
In the petition, James argues that the Court should “reconsider its timeliness rulings, which unjustly precluded” him “from receiving merits review of the myriad constitutional claims he raised in postconviction.” James requests oral argument on the petition, writing “The resolution of the issues involved in this action will determine whether Mr. James lives or dies.” The State’s response to the petition is due by Wednesday at 3:00 p.m.
In the motion to stay, James argues that a stay is particularly appropriate because his “warrant is set on a short timeframe” and “[t]he issues in this litigation require appellate review that is not truncated by the exigencies of an imminent execution.”
Copies of all of the filings related to the petition can be found on the docket here.
TFDP Prior Coverage of the James Warrant
My thoughts are with everyone involved in the warrant- and execution-related process.