Florida Supreme Court Stays Execution Of David Eugene Johnston

After hearing oral argument earlier in the day, the Florida Supreme Court stayed the execution of David Eugene Johnston and reversed the summary denial of his post conviction motion. The two page 5-2 order can be viewed HERE.  The court stated:

Having reviewed the record in this case, including prior proceedings, we reverse the summary denial of Johnston's newly discovered evidence claim relating to mental retardation and temporarily relinquish jurisdiction to the circuit court for thirty days for an evidentiary hearing to be held on the issue of whether newly discovered evidence indicates that Johnston is mentally retarded pursuant to Atkins v. Virginia, 536 U.S. 304 (2002), section 921.137, Florida Statutes (2009), and Cherry v. State, 959 So. 2d 702 (Fla. 2007). The Court reserves ruling on the issues raised in this appeal until jurisdiction returns to this Court after the relinquishment. 

Articles can be found at the following links: Orlando Sentinel; Associated Press; UPI; Miami Herald.  Additionally, the briefs in the case, all filed since March 1, 2010, are below:

*Notice of Appeal

*Johnston's Initial Brief on Appeal

*Florida's Answer Brief

*Johnston's Reply Brief