STATE EX REL. RUSSELL v. SCHAEFFER

No. 66848.

467 So.2d 698 (1985)

STATE of Florida ex rel. James T. RUSSELL, etc., Petitioner, v. Honorable Susan SCHAEFFER, Circuit Judge, Sixth Judicial Circuit, et al., Respondents.

Supreme Court of Florida.

April 10, 1985.


Attorney(s) appearing for the Case

Davis G. Anderson, Jr., Tampa, for petitioner.

Terry A. Furnell, Clearwater, for John Michael.

Daniel N. Burton, Tampa, for John Michael.


Order on Suggestion for Writ of Prohibition

McDONALD, Justice.

The state has petitioned for a writ prohibiting Judge Schaeffer from issuing a stay sought by John Michael, who is under a current death warrant. Michael has sought a stay of execution from Judge Schaeffer, claiming that the circuit court can grant a stay under its all writs power even though no claim for post-conviction relief is pending in that court. In his application for stay Michael depends...

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