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In the United States Court of Appeals for the Eleventh Circuit

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In the United States Court of Appeals for the Eleventh Circuit Case: 19-11942 Date Filed: 05/20/2019 Page: 1 of 29 Appeal No. No. 19-11942-P IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT BOBBY JOE LONG, APPELLANT, V. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS ET AL. APPELLEES. Appeal from the United States District Court for the Middle District of Florida District Court No.: 8:19-cv-1193 MSS-AEP Capital Case. Execution Scheduled for May 23, 2019. APPELLANT’S EMERGENCY MOTION FOR STAY OF EXECUTION PENDING THE APPEAL OR MOTION FOR EXPEDITED APPEAL ROBERT A. NORGARD Florida Bar # 322059 Email: [email protected] For the firm Norgard, Norgard & Chastang P.O. Box 811, Bartow, Florida 33831 Tel: 863-533-8556 GREGORY W. BROWN Florida Bar # 86437 Email: [email protected] TENNIE B. MARTIN Arizona Bar # 016257 Email: [email protected] Office of the Federal Public Defender Middle District of Florida 400 N. Tampa Street, Suite 2700 Tampa, Florida 33602 Tel: 813-228-2715 Case: 19-11942 Date Filed: 05/20/2019 Page: 2 of 29 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT (11th Cir. R. 26.1 & Fed.R.App.P. 28(a)(1)) Bobby Joe Long v. Secy’, Florida Department of Corrections et al. Appeal No. 19-11942-P Pursuant to Rule 26.1 of the Rules of the United States Court of Appeals for the Eleventh Circuit, counsel for Appellant, Bobby Joe Long, hereby certifies that the following trial judges, attorneys, persons, associations of persons, firms, partnerships, or corporations have an interest in the outcome of this case: 1. Ahmed, Raheela, Assistant Federal Public Defender, Middle District of Florida. 2. Ahmed, Syed, former Assistant Capital Collateral Regional Counsel for Middle Region of Florida. 3. Ake, Stephen D., Assistant Attorney General and counsel for Appellees. 4. Allen, Curt, former Assistant State Attorney for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. 5. Backhus, Terri Lynn, Assistant Federal Public Defender, Middle District of Florida 6. Barkett, Rosemary, former Florida Supreme Court Justice. 7. Behnke, Debra, former Circuit Court Judge for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. 8. Black, Anthony K., former Circuit Court Judge for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. CIP Page1 Case: 19-11942 Date Filed: 05/20/2019 Page: 3 of 29 9. Blanco, Katherine Vickers, former Assistant Attorney General. 10. Bondi, Pamela Jo, former Attorney General of Florida. 11. Brown, Gregory William., Assistant Federal Public Defender, Middle District of Florida and counsel for Appellant. 12. Browne, Scott Andrew, Assistant Attorney General. 13. Butterworth, Robert A., former Attorney General of Florida. 14. Canady, Honorable Charles T., Florida Supreme Court Chief Justice. 15. Chalu, Wayne, former Assistant State Attorney for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. 16. DeBock, Chris, former Assistant Capital Collateral Regional Counsel for Middle Region of Florida. 17. DeSantis, Ronald, Governor of Florida. 18. Dillinger, Bob, Public Defender for the Sixth Judicial Circuit. 19. Egan, Brenna Maryann, Research and Writing Specialist, Middle District of Florida. 20. Elm, Donna Lee, Federal Public Defender, Middle District of Florida. 21. Ehrlich, Raymond, former Florida Supreme Court Justice. 22. Freeland, Timothy Arthur, Assistant Attorney General. 23. Griffin, John P., former Circuit Court Judge for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. 24. Grimes, Stephen H., former Florida Supreme Court Justice. 25. Gruber, Mark, Assistant Capital Collateral Regional Counsel for Middle Region of Florida. 26. Gunn, Sean, Assistant Federal Public Defender, Northern District of Florida. CIP Page2 Case: 19-11942 Date Filed: 05/20/2019 Page: 4 of 29 27. Harding, Major B., former Florida Supreme Court Justice. 28. Hileman, Byron P., former Assistant Capital Collateral Regional Counsel for Middle Region of Florida. 29. Inch, Mark A., Secretary of the Florida Department of Corrections and Appellee. 30. Kilgore, Sidney W., former Assistant Capital Collateral Regional Counsel for Middle Region of Florida. 31. Kogan, Gerald, former Florida Supreme Court Justice. 32. Labarga, Honorable Jorge, Florida Supreme Court Justice. 33. Lagoa, Barbara, Florida Supreme Court Justice. 34. Landry, Robert J., former Assistant Attorney General. 35. Lawson, Alan, Florida Supreme Court Justice. 36. Lazzara, Richard A., former Circuit Court Judge for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. 37. Long, Bobby Joe, Appellant. 38. Lewis, Honorable R. Fred, former Florida Supreme Court Justice. 39. Luck, Robert J., Florida Supreme Court Justice. 40. Martin, Tennie, Assistant Federal Public Defender, Middle District of Florida and counsel for Appellant. 41. McDonald, Parker Lee, former Florida Supreme Court Justice. 42. Moody, Ashley, Attorney General of Florida. 43. Moody, Chris, former Assistant State Attorney for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. CIP Page3 Case: 19-11942 Date Filed: 05/20/2019 Page: 5 of 29 44. Moorman, James Marion, former Public Defender for Tenth Judicial Circuit, Florida. 45. Moser, John, former Capital Collateral Regional Counsel for Middle Region of Florida. 46. Muñiz, Carlos G., Florida Supreme Court Justice. 47. Nolas, Billy H., former Assistant Federal Public Defender, Northern District of Florida. 48. Norgard, Andrea M., Esquire. 49. Norgard, Robert Anthony, Esquire, counsel for Appellant. 50. Overton, Ben F., former Florida Supreme Court Justice. 51. Owens, A. Anne, Assistant Public Defender for the Tenth Judicial Circuit. 52. Pacheco, Christina Z., Assistant Attorney General and counsel for Appellees. 53. Pariente, Honorable Barbara J., former Florida Supreme Court Justice. 54. Perry, James E. C., former Florida Supreme Court Justice. 55. Polston, Honorable Ricky, Florida Supreme Court Justice. 56. Porcelli, Anthony E., United States District Court Magistrate Judge for the Middle District of Florida. 57. Pruner, James Jay, Assistant State Attorney for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. 58. Quince, Honorable Peggy A., former Florida Supreme Court Justice. 59. Rappaport, David M., Esquire. 60. Reddish, Barry, Warden of Florida State Prison and Appellee. 61. Reiter, Michael, former Assistant Capital Collateral Regional Counsel for Middle Region of Florida. CIP Page4 Case: 19-11942 Date Filed: 05/20/2019 Page: 6 of 29 62. Rubin, Ellis S., Esquire. 63. Seace, Kim, former Assistant State Attorney for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. 64. Scriven, Mary S., United States District Court Judge for the Middle District of Florida. 65. Sexton, Susan G., former Circuit Court Judge for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. 66. Shaw, Leander J. Jr., former Florida Supreme Court Justice. 67. Simms, Michelle, victim. 68. Sisco, Michelle, Circuit Court Judge for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. 69. Whittemore, James D., United States District Court Judge for the Middle District of Florida. 70. Williams, Shirley, former Assistant State Attorney for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. 71. Wright, Carol, Chief Assistant Federal Public Defender, Middle District of Florida. 72. Vollrath, Sharon, former Assistant State Attorney for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. 73. Young, James A., former Assistant Attorney General. CIP Page5 Case: 19-11942 Date Filed: 05/20/2019 Page: 7 of 29 Appellant, Bobby Joe Long (“Long”), by his undersigned counsel, respectfully moves the Court to stay his execution scheduled for May 23, 2019, or in the alternative expedite his pending appeal given his scheduled execution. In support, Long submits the following: PROCEDURAL HISTORY Long is incarcerated at Florida State Prison under a death sentence. On April 23, 2019, Florida’s governor signed a warrant for the execution of Long on May 23. On May 16, 2019, Long filed a Complaint pursuant 42 U.S.C. §1983 against Appellees for the violations and threatened violations of his constitutional rights. (Doc.1).1 Long raised four counts in his Complaint. (Doc.1). Simultaneously, Long filed a Motion for a Temporary Restraining Order, for a Preliminary Injunction, and/or a Stay of Execution. (Doc.2). On May 17, 2019, the District Court issued an Order requiring expedited briefing on Long’s Motion for a Temporary Restraining Order, for a Preliminary Injunction, and/or a Stay of Execution (“TRO”). The District Court ordered Appellees file their response on May 17, and Long to file his reply by May 18. (Doc.10). Appellees filed their response on May 17, and Long filed his reply on May 18. (Doc.16; 19). On 1 The docket entries referenced in this pleading will be filed in a Notice of Filing unless it is part of the Initial Appeal Package transmitted. Motion Page 1 Case: 19-11942 Date Filed: 05/20/2019 Page: 8 of 29 May 18, the Court issued an Order denying relief. (Doc.21). On May 18, Long filed his Notice of Appeal. (Doc.22) REQUEST FOR STAY OF EXECUTION Long is facing his imminent execution on May 23. Long requested a stay of execution in the District Court, but was denied relief. (Doc.2; Doc.21). The Court should stay his execution to allow this Court to afford him a full and constitutional review of his case. The issues raised
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