Zack Warrant: Claims pending at SCOTUS ahead of scheduled execution
The State intends to execute Michael Zack tomorrow at 6:00 p.m. As of this morning, Michael Zack has two petitions pending at the U.S. Supreme Court.
The State intends to execute Michael Zack tomorrow at 6:00 p.m. As of this morning, Zack has two petitions pending at the U.S. Supreme Court. Over the weekend, there was movement on both dockets.
As TFDP has explained before, it is not unusual for claims to be pending at SCOTUS up until the minute of the scheduled execution. This is largely due to the short warrant period, which causes a bottleneck in the courts. The last time claims remained pending on the day of the execution was in Darryl Barwick’s case. Barwick was executed in May of this year.
First-Filed Petition
In his first-filed petition, Zack seeks the Court’s review of the Florida Supreme Court’s decision affirming the postconviction court’s denial of his claims related to his Fetal Alcohol Syndrome.
On Saturday, Zack, through his attorneys, replied to the State’s responses to his first-filed petition and application for stay of execution.
Reply Brief
Here are the arguments presented in Zack’s Reply to the State’s Brief in Opposition to his Petition:
The Reply states that the State’s “arguments misconstrue several key points” in Zack’s Petition.
The full Reply can be downloaded here.
Reply to Response to Application for Stay
In reply to the State’s Response to his Application for Stay of Execution, Zack states:
Respondent’s position that this Court should deny Mr. Zack a stay of execution is premised upon mischaracterizations of Mr. Zack’s presented claims, a distortion of facts supporting those claims, and misapprehension of the applicable law. Mr. Zack submits that he has shown that a stay of his execution is appropriate.
The full Reply can be downloaded here.
The filings in this case are now complete and ripe for the Court’s ruling, which can be issued at any time. As of 7:35 p.m. last night, no ruling was reflected on the docket.
Second-Filed Petition
In his second-filed petition, Zack seeks the Court’s review of the U.S. Court of Appeals for the Eleventh Circuit’s decision denying his request for a stay for resolution of his claims related to the clemency process.
On Saturday, the State responded to Zack’s petition and application for stay of execution.
Brief in Opposition to Petition
The State’s Brief in Opposition to Zack’s petition is pretty strongly worded.
The State argues that clemency in Florida is provided under the Florida Constitution and solely a matter of state law. The State argues that Zack’s petition is “little more than an attempt to immensely broaden his clemency-related due process rights, contort Woodard beyond recognition, and circumvent his failure to provide the clemency related materials to the Clemency Board at any time over the past near-decade.” Therefore, the State argues that “Zack’s certiorari questions are entitled to no answer from this Court.” The State further argues that the “Court should not grant certiorari on Zack’s scant, deficiently presented arguments on the eve of his execution and put off decades-awaited justice for his victims.”
The full Brief can be downloaded here.
Response to Application
In the Response, the State argues that the Court “should simply deny the petition and then deny the stay.” The State argues that Zack’s attorneys are manipulating the State by “refus[ing] to submit the new clemency materials to the Office of Executive Clemency.” Further, the State says that Zack’s attorneys “are attempting to create an issue rather than genuinely seeking clemency review.”
The full Response can be downloaded here.
Zack still has an opportunity to reply to the State’s filings. As of 7:35 p.m. last night, no replies were reflected on the docket.
Prior TFDP Coverage of the Zack Warrant
The full background of Zack’s case is available here.
The Florida Supreme Court’s Scheduling Order
Beginning of trial court litigation here
The trial court’s Scheduling Order
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 denies Zack’s claims
Claims filed in federal court
State seeks to dismiss federal claims
Briefing begins at the Florida Supreme Court
Litigation update as of September 13
Litigation update as of September 17
Zack’s appeal from the federal court’s denial of a stay
Florida Supreme Court denies Zack’s appeal
Litigation update as of September 24
Petition filed at SCOTUS
Second petition filed at SCOTUS
My thoughts are with everyone involved in the warrant and execution process.