Larry Joe Johnson, Cross-Appellant v. Harry K. Singletary, Jr., Secretary of the Florida Department of Corrections, Cross-Appellee

Petitioner, Larry Joe Johnson, a Florida death row inmate, filed a third federal petition for a writ of habeas corpus after the Governor of the State of Florida had signed a fourth death warrant. The district court granted the writ and stayed Johnson’s execution. Respondent, Harry K. Singletary, filed a Notice of Appeal and a Motion to Vacate Stay of Execution and Writ of Ha-beas Corpus. In his motion the Respondent asserts that Petitioner’s third petition for habeas corpus should not have been granted by the district court because all of the claims are procedurally barred and constitute…