Zack Warrant: Claims remain pending in state and federal court
Here’s the latest in the litigation related to Michael Zack's execution scheduled Oct. 3 at 6:00 p.m.
Michael Zack’s execution is scheduled for October 3 at 6:00 p.m. It is the sixth scheduled execution this year in Florida.
He has claims pending in state court and federal court seeking relief from his pending execution. There was some movement late last week in the pending litigation. Here’s the latest going into the new week:
The federal court denied Zack’s Motion for Stay of Execution. A ruling on the merits is still outstanding.
Briefing is closed at the Florida Supreme Court.
Federal Court
On Friday, Judge Hinkle (U.S. District Court for the Northern District of Florida) denied Zack’s Motion for Stay of Execution. The six-page Order can be downloaded here.
In the Order, Judge Hinkle writes that “[t]he only issue” in the federal case “is whether Mr. Zack was denied due process in the clemency proceeding.” Judge Hinkle writes that the “defendants are correct” that Zack was “provided whatever minimal level of process was due” to him in his clemency proceedings, noting that he was represented by counsel, allowing to make written submissions to the counsel, and appeared in person for an interview. Therefore, the Order concludes:
Despite the ruling, Zack’s claims still remain pending. The Court has not yet officially ruled on the merits of his claims.
News Article
Florida Supreme Court
On Friday afternoon, Zack, through his attorneys, filed his Reply Brief in the Florida Supreme Court, finishing briefing in his appeal of the trial court’s denial of his postconviction claims seeking relief from the execution. The Court’s opinion can be released at any time now that briefing is complete.
The full Reply Brief can be found here.
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
My thoughts are with everyone involved in the warrant and execution process.