IN THE SUPREME COURT OF FLORIDA
EMERGENCY CAPITAL CASE, DEATH WARRANT SIGNED;
EXECUTION SCHEDULED FOR DECEMBER 13, 2006 AT 6:00 P.M.
ANGEL NIEVES DIAZ,
STATE OF FLORIDA,
MOTION TO FILE BRIEF IN EXCESS OF PAGE LIMITS
COMES NOW THE APPELLANT, ANGEL NIEVES DIAZ,
by and through undersigned counsel, and herein moves the Court for leave to file his Initial Brief in excess of page limitations, and states:
1. Appellant is a death-sentenced Florida prisoner, facing imminent execution, whose case is before the Court on appeal from the summary denial of postconviction relief by the circuit court. On this date, he is filing his Initial Brief at 84 pages.
1. The unique circumstances of this case warranted additional pages for the brief. Mr. Diaz’s execution is scheduled for December 13, 2006. The nature of the circuit court orders appealed include denial of Mr. Diaz’s amended motion for postconviction relief, amendments to the amended motion, a successive motion for postconviction relief based on newly discovered evidence, complete denial of access to public records and denial of Mr. Diaz’s application for stay of execution.
The circuit court
issued approximately eight (8) orders addressing the merits of each of Mr. Diaz’s motions.
3. Due to the time constraints of the pending death warrant, undersigned counsel’s time for editing was limited. As such, counsel could not properly brief the substantial claims in this case within the page limits afforded by the Rules of Court, and attempted to present the claims in the most concise fashion possible.
WHEREFORE, Appellant, Mr. Diaz, requests leave to file the accompanying Initial Brief at 84 pages.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been furnished via electronic mail and U.S. Mail to Sandra Jaggard, Assistant Attorney General, 444 Brickell Ave., Suite 650 Miami, Florida 33131 this ____ day of December 2006.
SUZANNE MYERS KEFFER
Florida Bar No. 0150177
BARBARA L. COSTA
Florida Bar No. 0014244
Capital Collateral Regional
Counsel - South
101 NE Third Avenue, Suite 400
Ft. Lauderdale, FL 33301