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: Lethal Injection

MOTION TO VACATE STAY OF EXECUTION - Florida

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http://www.markschwab.us/legal/schwab-application.pdf CASE NO. 07-10275CAPITAL CASE IN THE SUPREME COURT OF THE UNITED STATES MARK DEAN SCHWABPetitioner,v.FLORIDA,Respondent. MOTION TO VACATE STAY OF EXECUTION COMES NOW the State of Florida, and moves this Court to vacatethe stay of execution entered in this case on November 15, 2007. Asgrounds for vacating that stay, the State submits the following: 1. On November 9, 2007, Schwab filed a motion for a stay ofhis November 15, 2007, execution ?pending the filing anddisposition of a petition for a writ of certiorari, or in thealternative, pending the outcome of Baze v. Rees, 2008 WL 1733259(U.S. Apr. 16, 2008).?2. On November 15, 2007, this Court entered a stay ?pendingthe timely filing and disposition of a petition for a writ ofcertiorari,? thus permitting Schwab the normal 90 day period withinwhich to file his petition, which was due on February 5, 2008...continue to full post

Full post as published by Lethal Injection on April 19, 2008 (boomark / email).