Wednesday, February 11, 2009

The order from Florida Supreme Court - the innocence case of Wayne Tompkins

http://www.oranous.com/innocence/tompkins/Filed_02-11-2009_Order.pdf

Supreme Court of Florida

WEDNESDAY, FEBRUARY 11,2009

CASE NOS.: SC09-215; SC09-233
Lower Tribunal No(s).: 84-CF-010538

WAYNE TOMPKINS vs. STATE OF FLORIDA

WAYNE TOMPKINS vs. BILL MCCOLLUM, ETC., ET AL.

Appellant/Petitioner(s) Appellee/Respondent(s)

The Court has considered both Tompkins' appeal in Case No. 09-233, from
the orders entered by the trial court on February 10,2009 (denial of Tompkins'
Amended Motion for DNA Testing; denial of Tompkins' Sixth Successive Motion
for Post-Conviction Relief; and denial of the motion for stay), and his petition to
invol(e all writs jurisdiction in Case No. 09-215. Having considered and reviewed
the motions filed by Tompkins, the responses filed by the State, the record in this
appeal, and the entire history of this case, including the post-conviction proceedings
in the trial court and the opinions of this Court, the Court concludes that there is no
merit to the issues raised. The Court, therefore, summarily affirms the trial court's
orders on appeal in Case No. 09-233. In light of this disposition, the Court
dismisses Tompkins' petition to invoke all writs jurisdiction in Case No. SC09-215.
Further, Tompkins' motion for stay, contained within his petition to invoke all writs
jurisdiction, is denied. No motion for rehearing will be entertained by the Court.

WELLS, PARIENTE, LEWIS, POLSTON, and LABARGA, JJ., concur.
QUINCE, G.J., and CANADY, J., recused

A True Copy
Test:
Signature of Clerk of Court, Thomas D. Hall, with offical Seal of the Supreme Court of Florida
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Served:
JALAL HARB MARTIN J. MCCLAIN
NEAL ANDRE DUPREE SCOTT A. BROWNE
HON. PAT FRANK, CLERK HON. DANIEL HOWARD SLEET, JUDGE

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