1 See, State of Florida v. Fourth District Court of Appeal, 690 So.2d 70, IN THE SUPREME COURT OF FLORIDA

NO.

ANTHONY BRADEN BRYAN,

Petitioner, EMERGENCY PETITION; Death Warrant Signed; v. Execution Scheduled for 7:00 a.m., February 24, 2000 THE STATE OF FLORIDA,

Respondent.

__________________________________________/

EMERGENCY PETITION FOR WRIT OF MANDAMUS

COMES NOW Anthony Braden Bryan, by and through undersigned

counsel, pursuant to Florida Rule of Appellate Procedure 9.100(a), article

Florida Constitution, and this Court's exclusive plenary jurisdiction

capital postconviction matters 1 , and respectfully requests that this

mandamus requiring that the Honorable Kenneth Bell, Circuit Court

Santa Rosa County, enter an order on Mr. Bryan's pending Motion for

support states the following:

2 While the Motion for rehearing was filed on February 15, 2000, it that it was sent to the lower court, via facsimile, at 5:07 p.m., local time, 2000.1. Mr. Bryan is a death-sentenced inmate in the custody of the State

presently scheduled to be executed on February 24, 2000, and has been

postconviction matters in the lower court.

2. On February 11, 2000, the lower court entered an Order denying

Emergency Application to Release Records and to Hold Proceedings in

February 12, 2000, the lower court issued Orders denying Mr. Bryan's, Application

of Execution, and issued an order denying Mr. Bryan's Motion to Compel

Public Records, to Declare Statutes Unconstitutional, and For an Evidentiary

Claimed Public Records Exemption. On February 15 2 , 2000, Mr. Bryan filed

Rehearing in the lower court, asserting that the lower court's rulings

Bryan due process of law and deprived him the ability to file a motion

postconviction relief.

3. As of the time of filing this petition, the lower court has failed

Mr. Bryan's motion for rehearing, despite the passage of more than three

to Mr. Bryan's impending execution (now less than 6 full days away), each

Bryan one day closer to being executed without his substantial claims

magnitude being heard, much less determined, by any court. Because

of these failures means a loss of life for Mr. Bryan, the actions of the

3 It should be noted that Mr. Bryan's request for a prompt ruling that he wishes the trial court to give the issues anything less than thoughtful considertion. However, assuming that the trial court considered, required, the record to date at the time he entered the Orders addressed Motion for Rehearing, three and one half days should be ample time, and consideration of Mr. Bryan's right to due process, to enter an Order serious violation of Mr. Bryan's due process rights, and should not be

Court.

4. Florida Rule of Criminal Procedure 3.850(g) allows Mr. Bryan

"motion for rehearing of any order denying relief under this rule"

The rule goes on to state that the clerk of court shall "promptly" serve

any order denying a motion for rehearing. Clearly, the rule contemplates

ruling on any motion for rehearing, and Mr. Bryan asserts that a prompt

pending Motion for Rehearing is necessary to allow him access to appellate

is of grave necessity considering his pending death warrant.

5. Case law supports this Court's granting of the instant Petition.

v. State, 2000 WL 60929 (Fla. 4th DCA); McBride v. State, 443 So.2d 416 (Fla. 4th

WHEREFORE Mr. Bryan respectfully requests that this Honorable

the instant petition and order the Circuit Court to enter an Order

pending Motion for Rehearing.

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

facsimilie to all counsel of record on February 18, 2000.

GREGORY C. SMITH Capital Collateral Counsel

Northern Region Florida Bar No. 279080

___________________________________ ANDREW THOMAS Florida Bar No. 0317942 Chief Assistant CCRC Post Office Drawer 5498 Tallahassee, FL 32314-5498 (850) 488-7200 Attorney for Petitioner

Copies furnished to:

Honorable Kenneth L. Bell Circuit Court Judge Santa Rosa County Courthouse 6865 Caroline Street Milton, FL 32570

John A. Molchan Office of the State Attorney 212 Willing Street Milton, Florida 32570

Richard Martell Chief, Capital Appeals Department of Legal Affairs The Capitol - PL01 Tallahassee, Florida 32399-1050