Florida Statute 27.5304 Held Unconstitutional Today: Terence Lenamon Victorious on Motion

Terence Lenamon filed the following motion, his co-counsel David Markus argued the motion, and now Florida Circuit Court Judge Victoria Sigler has granted their motion regarding the unconstitutionality of Florida Statute 27.5304 - striking the law as unconstitutional.

Here is the Order (read the Motion with its briefing online in the Terence Lenamon Online Library):


Florida Execution of John Ferguson Stayed: ABA President Issues Statement Hours Before Stay is Granted - Did ABA Help Stop the Execution?

The Eleventh Circuit has stayed the execution of Florida Death Row inmate John Ferguson, a paranoid schizophrenic, a day after it vacated its previous stay and sent Ferguson's attorneys rushing to the U.S. Supreme Court for emergency action. 

Read the Order that stopped the October 23, 2012, execution here.

These are temporary holds while more legal arguments are made.  It's still a very good possibility that Mr. Ferguson will be executed by the State of Florida despite being seriously mentally ill. 

Perhaps the ABA pointing out that there are basic constitutional rights to be considered here made a difference?  Here, the press statement released by American Bar Association President Laurel Bellows on the day that John Ferguson was set to die this week:

Statement of Laurel Bellows, President, American Bar Association, Re: Execution of John Ferguson

WASHINGTON, D.C., Oct. 23, 2012 – The American Bar Association is alarmed that Florida is poised to execute John Ferguson, a man diagnosed as severely mentally ill for more than 40 years, before the constitutionality of his execution is fully evaluated. Although a district court evidentiary hearing regarding Ferguson’s competency is scheduled for Friday, that could be too late: His execution could occur as soon as today.

A federal trial judge had stayed Ferguson’s execution and ordered the hearing to afford “full, reflective consideration” of Ferguson’s constitutional claims; however, that stay has now been lifted by the court of appeals. In the interest of justice, it is imperative that Ferguson’s execution be again stayed until there is an opportunity for the federal courts to fully review his insanity claims on the merits and thus ensure that his execution will be constitutional. To do otherwise would be to risk a terrible miscarriage of justice — one that can never be undone.

Will Florida Execute John Ferguson, Paranoid Schizophrenic, Today?

As I type this, the latest news on Florida Death Row Inmate John Ferguson is that he has ordered, and may be eating right now, a last meal of a chicken sandwich and sweet tea

Or maybe that's already happened, and he's being prepared for execution.

The United States Supreme Court holds this man's life in his hands.  His attorneys have filed for stays of execution before the Highest Court in the Land after the U.S. District Court granted a stay of execution and the Eleventh Circuit Court of Appeals lifted that stay.

Ferguson is set to die today. 

Ferguson is a diagnosed schizophrenic and has been known to be severely mentally ill for most of his lifetime.

Will a man who is mentally ill be executed today?  Highly likely - the Supreme Court has already turned down 2 of his 3 filings.

 Image: Florida Dept of Corrections


Terence Lenamon's Online Library on Squibd.com

Every so often, Terry wants to share documents here on the blog that are long - too long in fact, for this platform to accommodate.  We've found a solution to that problem by creating a new place on the web for Terry's documents over at Squibd.com.

It's a collection entitled the Terence Lenamon Online Library.  It's on the Squibd.com website and the documents are available online for free, as a community service. 

It is a place where Terry can share things like the full text of his May 20, 2012 letter to the Executive Director of the Florida Innocence Commission in his role as Chairman of the Board of Directors of the Florida Capital Resource Center.

Right now, there are six documents available for review, and Terry will be adding more as time goes along.

We're not adding cases here, since there are good places to find them already - like Google Scholar.

If you have any requests or suggestions, please let us know. 

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