State ex rel. Russell v. Schaeffer

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 on our recent denials of prohibition regarding James Agan, State v. Green, 466 So.2d 218 (Fla.1985), and Robert Waterhouse, State v.…