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FILED FILED

THOMAS0.HALL
THOMAS O. HALL
IN IN THE THE SUPREME SUPREME COURT COURT OF OF FLORIDA FLORIDA
CASE
CASE
NO.
NO.
SC73662
SC73662
20I3 NA Y |7
1013 MAY 17
PM
PH
2:
2:
35
35
. CL

SUPREME
SUPREME
COURT
COURT
WILLIAM WILLIAM VAN VAN POYCK, POYCK,
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)) 8Y
Iy______
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Appellant, Appellant, ))
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v. v. ))
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STATE STATE OF OF FLORIDA, FLORIDA, ))
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Appellee. Appellee. ))
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NOTICE NOTICE OF OF INABILITY INABILITY ETHICALLY ETHICALLY TO TO SATISFY SATISFY THE THE
LOWER LOWER COURT'S COURT'S AND AND THIS THIS COURT'S COURT'S SCHEDULE SCHEDULE
COMES COMES NOW NOW William William Van Van Poyck, Poyck, by by undersigned undersigned counsel, counsel, and and provides provides notice notice of of his his
inability inability ethically ethically to to comply comply with with the the scheduling scheduling order order entered entered four four days days ago ago requiring requiring pleadings pleadings
to to be be filed filed today today at at 3:00 3:00 p.m., p.m., and and shows shows as as follows: follows:
3, 2013, 1. 1. On On May May 3,2013, the the Governor Governor of of Florida Florida issued issued a a death death warrant warrant in in this this action, action, setting setting
12, 2013. a a date date of of execution execution for for June June 12,2013. The The Governor's Governor's office office provided provided no no notice notice to to undersigned undersigned
counsel counsel of of its its issuance. issuance.
2. 2. 6, 2013, On On May May 6,2013, this this Court Court issued issued a a "warrant "warrant schedule" schedule" which which set set forth forth various various dates dates
f'mal by by which which activities activities had had to to be be completed completed in in this this action, action, including including the the date date by by which which any any final
appeal appeal to to this this Court Court would would need need to to be be made made of of any any trial trial court court rulings. rulings. This This warrant warrant schedule schedule was was
not not served served on on undersigned undersigned counsel. counsel.
10, 2013 3. 3. On On May May 10,2013 this this Court Court issued issued an an order order indicating indicating that that undersigned undersigned counsel counsel would would
be be considered considered Van Van Poyck's Poyck's counsel counsel in in these these proceedings. proceedings. Counsel Counsel had had no no indication indication this this Court Court
13, 2013, was was considering considering such such a a designation. designation. On On May May 13,2013, the the trial trial court court ordered ordered that that undersigned undersigned
counsel. along along with with attorneys attorneys Quarles Quarles & & Brady Brady and and Gerald Gerald Bettman, Bettman, would would be be considered considered Van Van
Poyck's Poyck's counsel counsel for for purposes purposes of of any any litigation litigation involving involving issuance issuance of of the the death death warrant. warrant. The The trial trial
counsel,
17, 2013, court court extended extended the the date date for for initial initial pleadings pleadings to to Friday Friday May May 17,2013, at at 3:00 3:00 p.m. p.m.
4. 4. Undersigned Undersigned counsel counsel and and co-counsel co-counsel Quarles Quarles & & Brady Brady are are currently currently working working around- around
warrant.1 the-clock the-clock on on various various issues issues in in connection connection with with the the pending pending death death warrant. I These These issues issues include include
reading reading the the record, record, developing developing witness witness statements statements from from individuals individuals who who have have provided provided new new
evidence, evidence, as as well well as as legal legal arguments arguments based based on on recently recently decided decided case case law. law. However, However, given given the the
extreme extreme shortness shortness of of time time provided provided to to counsel counsel in in connection connection with with this this matter matter due due to to the the
circumstances circumstances described described previously, previously, counsel counsel has has found found it it impossible impossible ethically ethically to to meet meet the the court- court-
imposed imposed deadlines deadlines set set forth forth above above for for filing filing initial initial pleadings pleadings in in this this matter. matter.
17, 2013 Dated: Dated: May May 17,2013
Respectfully Respectfully submitted: submitted:
s/ sl Mark Mark E. E. Olive Olive
MARK MARK E. E. OLIVE OLIVE
FL. FL. Bar Bar No. No. 0578533 0578533
LAW LAW OFFICES OFFICES OF OF MARK MARK E. E. OLIVE, OLIVE, P.A. P.A.
320 320 West West Jefferson Jefferson Street Street
Tallahassee, Tallahassee, Florida Florida 32301 32301
(850) (850) 224-0004 224-0004
Meolive@aol.com Meolive@aol.com
IThere IThere has has to to date date been been no no coordination coordination with with Mr. Mr. Bettman. Bettman.
II HEREBY HEREBY CERTIFY CERTIFY that that aa true true and and correct correct copy copy of ofthe the foregoing foregoing motion motion has has been been filed filed
electronically electronically to to cburton@pbcgov.org cburton@pbcgov.org and and mbeardsl@pbcgov.org, and and to to the the Florida Florida Supreme Supreme mbeardsl@pbcgov.org,
Court Court at at warrant@flcourts.org warrant@flcourts.org and and williamstr@flcourts.org, and and furnished furnished by by email email service service to to the the williamstr@ficourts.org,
celia.terenzio@myfloridalegal.com following following counsel: counsel: Celia Celia Terenzio Terenzio at at celia.terenzio@myfloridalega1.com and and
CapApp@MyFloridaLegal.com, Gerald Gerald Bettman Bettman at at geraldbettmanlaw@yahoo.com, and and Jeffrey Jeffrey CapApp@MyFloridaLegal.com, geraldbettmanlaw@yahoo.com,
Davis Davis atjod@quarles.com on on this this 17th 17th day day of of May, May, 2013. 2013. at jod@quarles.com
/s/Mark IslMark Olive Olive