Motion to stay execution - Arthur Rutherford

http://www.arthurrutherford.us/legal/Motiontostayexecution.htm


IN THE SUPREME COURT OF FLORIDA

CASE NO. SC06-2023


ARTHUR DENNIS RUTHERFORD,
Petitioner,

v.
CHARLES J. CRIST, Attorney General of Florida,
JEB BUSH, Governor of Florida,
JAMES R. MCDONOUGH, Secretary, Florida Department of Corrections,
Respondents.
/
MOTION FOR STAY OF EXECUTION

COMES NOW, A.D. RUTHERFORD, Petitioner, by and through undersigned
counsel and moves this Court to issue a stay of execution and as grounds therefore
asserts:

1. Mr. Rutherford is presently scheduled to be executed on October 18,
2006, at 6:00 p.m.

2. Simultaneously with this motion, Mr. Rutherford has filed a Petition
Seeking to Invoke this Court=s All Writs Jurisdiction based on Mr. Rutherford=s recently
learning that on August 16, 2006, the Department of Corrections promulgated a new
lethal injection protocol in order to establish new procedures for all subsequent
executions.

3. This Court has granted stay of executions when situations have warranted
it. See King v. Moore, 824 So. 2d 127 (Fla. 2002); Bottoson v. Moore, 824 So. 2d 115
(Fla. 2002); Provenzano v. State, 750 So. 2d 597, 603 (Fla. 1999); Roberts v. State,
2
678 So. 2d 1232, 1236 (Fla. 1996); Spaziano v. State, 660 So. 2d 1363, 1370 (Fla.
1995).

4. The last minute nature of the request is due to the actions of
Respondents, not Mr. Rutherford.

WHEREFORE, Petitioner, A.D. Rutherford, by and through undersigned counsel,
respectfully requests that this Court enter a stay of execution.

I HEREBY CERTIFY that a true and correct copy of the foregoing motion has
been furnished by hand delivery, to Carolyn Snurkowski, Deputy Attorney General,
Office of the Attorney General, The Capitol, PL-01, Tallahassee, Florida 32399-1050,
and Charmaine Millsaps, Assistant Attorney General, Office of the Attorney General,
The Capitol, PL-01, Tallahassee, Florida 32399-1050, on this 17th day of October,
2006.
______________________
LINDA MCDERMOTT
Fla. Bar No. 0102857
_______________________
MARTIN J. MCCLAIN
Fla. Bar No. 0754773
McClain & McDermott, P.A.
Attorneys at Law
141 N.E. 30th Street
Wilton Manors, FL 33334
(305) 984-8344
Counsel for Mr. Rutherford