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for an order staying Petitioner’s execution, which is presently

scheduled for January 24, 2002, pending the final disposition of

Ring v. Arizona, ___ US ____, 2002 cert. pet. granted. In support

thereof, Mr. King, through counsel, respectfully submits as

follows:

1. A death warrant has been signed against Mr. King, and his

execution is currently scheduled to take place at 6:00 p.m. on

January 24, 2002.

2. On January 11, 2002, the United States Supreme Court

granted Timothy Stuart Ring’s petition for Writ of Certiorari.

Timothy Ring’s petition, attached hereto, raises as its sole issue

the question of whether Walton v. Arizona, 479 U.S. 639 (1990)

should be overruled in light of the United States Supreme Court’s

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subsequent holding in Apprendi v. New Jersey, 530 U.S. 466 (2000)

that "for a legislature to remove from the jury the assessment of

facts that increase the prescribed range of penalties to which a

criminal defendant is exposed" (id. at 490)violates the defendant’s

Sixth Amendment right to a jury trial.

3. The Ring petition for writ of certiorari expressly

identifies Florida as one of nine states whose capital sentencing

schemes have questionable constitutional underpinings pursuant to

the language of Apprendi.

4. The petitioner, Amos Lee King, has previously raised in

his state motion for post-conviction relief and habeas petitions

and therefore preserved the issues raised by Apprendi and to be

resolved by the Supreme Court’s future ruling in Ring.

5. A stay of execution is appropriate where there is: "a

reasonable probability that four Members of the (Supreme) Court

would consider the underlying issue sufficiently meritorious for

the grant of certiorari ... and there must be a likelihood that

irreparable harm will result if that decision is not stayed."

Barefoot v. Estelle, 463 U.S. 880, 895, 103 S.Ct. 3383, 77 L.Ed.2d

1090 (1983). The United States Supreme Court’s grant of Mr.

Ring’s Petition for Writ of Certiorari on the Apprendi issue

establishes the merit of the Petitioner’s identical claim. As such,

the first prong of Barefoot is clearly met. That there exists the

likelihood that irreparable harm should occur if the decision is

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not stayed is also clear. Amos King is scheduled to be executed in

a matter of days. Should, as Mr. King has alleged, the Florida

capital sentencing scheme be found unconstitutional pursuant to

Ring v. Arizona, Mr. King’s execution would have been grounded on

an unconstitutional statute.

6. Inasmuch as Petitioner is under sentence of death, there

is insufficient time for this Court to delay its decision until

Ring v. Arizona is decided and the question concerning the

constitutionality of Florida’s capital sentencing scheme has been

finally resolved. It is therefore appropriate and essential that

this court enter a stay of Mr. King’s execution.

7. The Petitioner is incarcerated in Florida State Prison at

Starke. A stay of execution will in no way effect the State’s

interest herein.

8. The Court has jurisdiction to entertain this application

pursuant to Ex Parte Chesser, 93 Fla. 291, 111 So. 720(Fla. 1927).

WHEREFORE, Petitioner respectfully requests that this

Court grant a stay of Petitioner’s execution, so that final

resolution of the constitutionality of Florida’s capital sentencing

scheme be determined.

Respectfully submitted,

___________________________________

April E. Haughey

Florida Bar No. 0119180

Assistant CCC

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I HEREBY CERTIFY that a true copy of the foregoing has been

has been furnished by United States Mail, first class postage

prepaid, hand-delivery and/or by electronic mail to all counsel

of record on this _____ day of January, 2002.

___________________________________

April E. Haughey

Florida Bar No. 0119180

Assistant CCC

CAPITAL COLLATERAL REGIONAL

COUNSEL-MIDDLE

3801 Corporex Park Drive

Suite 210

Tampa, Florida 33619

813-740-3544

Attorney For Appellant

Copies furnished to:

Honorable Susan F. Schaeffer

Circuit Court Judge

St. Petersburg, FL 33701

Carol M. Dittmar

Assistant Attorney General

Office of the Attorney General

2002 N. Lois Avenue

Tampa, FL 33607

C. Marie King

Assistant State Attorney

Office of the State Attorney

P.O. Box 5028

Clearwater, FL 33758-5028

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Commission on Capital Cases

ATTN: Mary Jean

402 S. Monroe Street

Tallahassee, FL 32399-1300

Susan Schwartz

Assistant General Counsel

Florida Department of Corrections

2601 Blair Stone Road

Tallahassee, FL 32399-2500

The Honorable Thomas D. Hall

Clerk, Supreme Court of Florida

ATTN: Tanya Carroll

Supreme Court Building

500 S. Duval Street

Tallahassee, FL 32399-1927

United States Court of Appeals for the

Eleventh Circuit

ATTN: Joyce Pope

56 Forsyth Street N.W.

Atlanta, GA 30303

United States Supreme Court

ATTN: Cynthia Rapp

Washington, D.C. 20543

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I hereby certify that a true copy of the foregoing

Application was generated in Courier New, 12 point font, pursuant

to Fla. R. App. P. 9.210.

__________________________________

April E. Haughey

Florida Bar No. 0119180

Assistant CCC

CAPITAL COLLATERAL REGIONAL

COUNSEL-MIDDLE

3801 Corporex Park Drive

Suite 210

Tampa, Florida 33619

813-740-3544

Attorney For Appellant