Mr. Wainwright to be Executed at 6:00 pm. (EDT) – Death Penalty Update

This morning, the United States Court of Appeals for the Eleventh Circuit denied a stay of execution for Anthony F. Wainwright who is scheduled to be killed by the executioners at 6:00 pm. (EDT – 3:00 p.m. our time).  It is remarkable because he was denied the right to file a petition in Florida state court for relief that was prepared by a lawyer who had represented him in federal court (and was now appearing pro bono at the request of Mr. Wainwright) but was not the lead lawyer designated by the state itself.  That lawyer, according to the pleadings, had refused to acknowledge her petition after being asked by the court if he would do so.  Allegedly, he did not consult with his client and he made disparaging remarks about the experienced pro bono lawyer wasting time.  Writ denied.

The pro bono lawyer has now petitioned the United States Supreme Court on behalf of Mr. Wainwright in an emergency filing following the denial in the Circuit this morning.  A Reply by the state was filed minutes ago.  The question is whether there is a denial of due process and equal protection.  Basically, a non-indigent person could pay a private lawyer to represent him.  Here the lawyer is appearing with his consent pro bono but the state appointed lawyer is blocking her ability to represent him.

The Supreme Court can grant the petition or issue a stay preventing the state from killing Mr. Wainwright – at least for today.  On the other hand, the Supreme Court can deny the petition and stay in which case the execution will procced to end Mr. Wainwright’s life this evening.

Hard cases make bad law – this case should not be so hard.  Let Mr. Wainwright have counsel of his choice and let that counsel litigate his case fully.  But, this is typical of death penalty cases where politics and emotions supersede legal sense – more aptly, capital cases make bad law.

UPDATE:

TUESDAY, JUNE 10, 2025

CERTIORARI DENIED

24-7387 WAINWRIGHT, ANTHONY F. V. DESANTIS, GOV. OF FL, ET AL.

(24A1211)

The application for stay of execution of sentence of death

presented to Justice Thomas and by him referred to the Court is

denied. The petition for a writ of certiorari is denied.

 FINAL UPDATE:

Despite the best efforts of Mr. Wainwright’s pro bono attorney and, in part, due to the interference of his state appointed lawyer, Anthony Wainwright became the sixth person put to death by executioners in the State of Florida this year. 

“Anthony Wainwright, 54, received a lethal injection at Florida State Prison near Starke. .  .  . The execution began about 6:10 p.m. Wainwright’s shoulders shuddered a couple of times, and he blinked and took several deep breaths before becoming completely still at 6:14 p.m. Wainwright was pronounced dead at 6:22 p.m., according to Byran Griffin, a spokesman for Gov. Ron DeSantis.”  (Source: Orlando Sentinel, Tuesday, June 10th, 2025, Evening e-Edition.)

No matter what crime was committed by a person, state killing is wrong when not in self-defense or war.  As a society we have to be better than that and we have to come to grips with the fact that we are out of step with most the rest of the world, putting ourselves in the company of China, Iran, Saudi Arabia, Iraq and Yemen. 

What is particularly distressing about Mr. Wainwright’s case is that it reminds us that the courts, including the United States Supreme Court, place finality above remediating serious flaws in the individual cases, including allowing a recalcitrant appointed lawyer to block the efforts of an experienced pro bono lawyer and, in some cases, details like actual innocence.