Zack Warrant: Petition filed at SCOTUS
Michael Zack has filed a petition for writ of certiorari at the U.S. Supreme Court challenging the Florida Supreme Court’s decision last week.
Michael Zack’s execution is scheduled for October 3 at 6:00 p.m. It is the sixth scheduled execution in Florida this year. He currently has claims pending at the U.S. District Court for the Northern District of Florida and the U.S. Supreme Court.
Yesterday, Zack, through counsel, filed (1) a petition for writ of certiorari at the U.S. Supreme Court seeking review of the Florida Supreme Court’s decision affirming the postconviction court’s denial of his claims raised in state court, and (2) an application for stay of execution.
Petition for a Writ of Certiorari
The questions presented, as proposed in Zack’s Petition, are as follows:
The full Petition can be downloaded here.
Application for Stay of Execution
In the Application, submitted to Justice Thomas,1 Zack argues that “[t]he questions raised in Mr. Zack’s petition are sufficiently meritorious for grant of certiorari. The underlying issues present significant questions of constitutional law and are not subject to any legitimate procedural impediments.”
On the merits, the Application argues that “the medical community now recognizes that the unique, cognitive, practical, and social impairments inherent to Fetal Alcohol Syndrome (FAS) indistinguishable from those of Intellectual Developmental Disability (ID). This consensus has given rise to an important constitutional issue: that Mr. Zack is exempt from execution under the Eighth Amendment protections articulated in Atkins v. Virginia, 536 U.S. 304 (2002), and its progeny.”
The full Application can be downloaded here.
The State has not yet responded.
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