BOTTOSON v. MOORE

No. SC02-1455.

833 So.2d 693 (2002)

Linroy BOTTOSON, Petitioner, v. Michael W. MOORE, etc., Respondent.

Supreme Court of Florida.

October 24, 2002.


Attorney(s) appearing for the Case

William Jennings, Capital Collateral Regional Counsel—Middle Region, Peter Cannon, Assistant CCRC, and Eric Pinkard, Assistant CCRC, and Elizabeth A. Williams, Staff Attorney—Middle Region, Tampa, Florida; Mark E. Olive of Law Offices of Mark E. Olive, P.A., Tallahassee, Florida; and Timothy K. Ford of MacDonald, Hoague & Bayless, Seattle, WA, for Petitioner.

Robert A. Butterworth, Attorney General, Kenneth S. Nunnelley, Senior Assistant Attorney General, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, FL, for Respondent.

Nancy Daniels, Public Defender, Second Judicial Circuit, and President-elect, The Florida Public Defender Association, Inc., Tallahassee, FL; Bennett H. Brummer, Public Defender, and Christina A. Spaulding, Assistant Public Defender, Eleventh Judicial Circuit, Miami, Florida; Carey Haughwout, Public Defender, and Gary Caldwell, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, FL; and Robert Wesley, Public Defender, and George Allen Couture, Assistant Public Defender, Ninth Judicial Circuit, Orlando, FL, for The Florida Public Defender Association, Inc., Amicus Curiae.

Robert Augustus Harper, Jr. of Robert Augustus Harper Law Firm, P.A., Tallahassee, FL; and James T. Miller, Chair, Amicus Committee, FACDL, Jacksonville, FL, for Florida Association of Criminal Defense Lawyers, Amicus Curiae.

Charles T. Canady, General Counsel, and Wendy W. Berger, Assistant General Counsel, Tallahassee, FL, for Honorable Jeb Bush, Governor of the State of Florida; and Arthur I. Jacobs, General Counsel, Fernandino Beach, FL, and Raymond L. Marky, Assistant State Attorney, Second Judicial Circuit, Tallahassee, FL, for Florida Prosecuting Attorney Association, Amicus Curiae.


PER CURIAM.

Linroy Bottoson, a prisoner under sentence of death and an active death warrant, petitions this Court for a writ of habeas corpus.1 He seeks relief pursuant to Ring v. Arizona, 536 U.S. 584, ___, 122 S.Ct. 2428, 2443, 153 L.Ed.2d 556 (2002), wherein the United States Supreme Court held unconstitutional the Arizona capital sentencing statute "to the extent that it

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