CAPITAL CASE

DEATH WARRANT SIGNED

EXECUTION SET FOR

FEBRUARY 5, 2002; 6:00 p.m.

COMES NOW Petitioner/Appellant, LINROY BOTTOSON, by and through

his undersigned counsel and respectfully requests that this Court enter an Order

extending BY FOUR HOURS the time for filing his initial brief. Petitioner states the

following grounds for granting this Motion:

1. Petitioner faces imminent execution. He appeals the denial of postconviction

relief. His case raised a question of first impression for this Court, to wit,

whether section 921.137, Florida Statutes (2001), which prohibits the execution of

persons with mental retardation, applies to persons sentenced to death before its

enactment.

2. By order of this Court dated December 14, 2001, Petitioner’s initial brief

is due to be filed at 12:00 p.m. on January 22, 2002. Respondent’s brief is due to be

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12, 2001).

3. Petitioner is represented by the Office of the Capital Collateral Regional

Counsel – Middle Region. The Regional Counsel was only appointed to Petitioner’s

case in December 2001. For the preceding three years, Petitioner was represented by

Mark E. Olive and Tim Schardl of the Law Offices of Mark E. Olive, P.A.

4. Mr. Olive and Mr. Schardl have assisted in preparing the petition filed

in the Circuit Court, the habeas corpus petition pending before this Court, and in the

initial brief due to be filed this noontime.

5. Petitioner’s counsel are coordinating their efforts. The final preparation

and formatting of the initial brief is being handled by Mr. Schardl, who is in

California. It is, of course, three hours earlier in California, meaning that Petitioner’s

brief is due at 9:00 a.m. PST.

6. The requested four-hour extension is necessary in order for the brief to

be finalized and sent electronically for filing in Tallahassee by Mr. Olive, without

imposing undue hardship on Petitioner’s counsel. It is likely that Petitioner’s counsel

will be able to accomplish the filing before 4:00 but needs an extension until

approximately 2:00 at a minimum.

7. Petitioner’s counsel have conferred with counsel for Respondent,

Kenneth S. Nunnelley, and are authorized to state the he does oppose this motion.

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WHEREFORE, Petitioner/Appellant Linroy Bottoson, through counsel

respectfully requests that this Court extend by four hours the time for filing his initial

brief.

Respectfully submitted,

_______________________________

Fla. Bar No. 0578533

Law Offices of Mark E. Olive, P.A.

320 West Jefferson Street

Tallahassee, Florida 32301

850-224-0004

850-224-3331 (facsimile)

_______________________________

Assistant CCRC

Fla. Bar No. 109710

Assistant CCRC

Fla. Bar No. 651443

3801 Corporex Park Drive, Suite 201

Tampa, Florida 33619

813-740-3544

813-740-3554 (facsimile)

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I hereby certify that a true and correct copy of the foregoing Motion for

Extension of Time is being furnished by facsimile transmission to counsel for

Respondent, Assistant Attorney General Kenneth Sloane Nunnelley, Office of the

Attorney General 444 Seabreeze Boulevard, Suite 500, Daytona Beach, Florida

This petition was prepared using Times New Roman 14 point font.

_____________________________

PETER J. CANNON

ERIC PINKARD