Zack Warrant: Claims filed in federal court
Earlier this week, Zack filed claims in the federal district court seeking relief from his scheduled execution. He's also filed an Emergency Motion for Stay.
The State of Florida intends to execute Michael Zack on October 3 at 6:00 p.m. He has an appeal pending in the Florida Supreme Court in which briefing is scheduled to start next week.
Earlier this week, Zack, through his attorneys, filed claims in the U.S. District Court for the Northern District of Florida (federal court) seeking relief from his impending execution (scheduled Oct. 3 at 6:00 p.m. EST).
In this new federal action, Zack seeks emergency declaratory and injunctive relief preventing his execution from proceeding and argues that proceeding with his execution would violate his constitutional rights.
Here are the arguments presented in Zack’s Memorandum filed in support of his Complaint:
Here’s the relief Zack seeks from the Court:
Zack also filed an Emergency Motion for Stay in the federal court, asking the Court to stay the execution while the Court considers his claims.
As to harm he will face without a stay, Zack’s motion states:
The injury Mr. Zack faces is clear: he will be executed unless this Court issues a stay, and he will have been executed without ever having a clemency proceeding in which he was afforded constitutional due process.
The case is assigned to Judge Robert Hinkle.
Prior TFDP Coverage of the Zack Warrant
The full background of Zack’s case is available here.
The Florida Supreme Court’s Scheduling Order is available here.
Beginning of trial court litigation here
The trial court’s Scheduling Order is discussed here.
The litigation related to public records is covered here.
Continuance due to Hurricane Idalia
The State’s responses to Zack’s motions in the trial court
A closer look at Fetal Alcohol Syndrome
Trial court’s denial of Zack’s postconviction motion
My thoughts are with everyone involved in the warrant and execution process.