IN THE SUPREME COURT OF FLORIDA

STAMPED: Death Warrant Copy

FILED APRIL 19, 2001

Supreme Court Clerk

Thomas D. Hall

GREGORY MILLS,

Appellant,

  1. CASE NO. SC01-775

STATE OF FLORIDA,

Appellee

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SUPPLEMENT TO STATE’S RESPONSE TO MOTION FOR RELIQUISH, ETC.

Comes now the State of Florida, by and through the undersigned Assistant Attorney General, and respectfully suggests, should this court be inclined to grant Mills leave to file a brief addressing any of the issues contained in his "Corrected Motion for Relinquishment, etc.", that the State be allowed until 5:00 PM on April 20, 2001, in which to file a brief in response thereto. The State recognizes that this is not in keeping with the simultaneous briefing requirement previously ordered by this Court, but, at the same time, Mills is now seeking to brief new issues that have never before been raised in any proceeding, and, consequently, the State has no knowledge of them. In other words, the situation is not the same as it was when this Court issued its order requiring simultaneous briefs following a hearing.

Respectfully Submitted,

(signed)

ROBERT A. BUTTERWORTH

ATTORNEY GENERAL

KENNETH S. NUNNELLEY

ASSISTANT ATTORNEY GENERAL

Florida Bar #0998818

JUDY TAYLOR RUSH

ASSISTANT ATTORNEY GENERAL

Florida Bar # 438847

444 Seabreeze Blvd. 5th Fl.

Daytona Beach, FL 32118

(904) 238-4990

Fax: (904) 226-0457

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above Response has been furnished by facsimile and U.S. Mail to Todd G. Scher, Litigation Director, Capital Collateral Regional Counsel, 101 N. E. 3rd Avenue, Suite 400, Ft. Lauderdale, FL 33301, on this 19th day of April, 2001