WPC 2 BP Z Courier 10cpi#|xUx  @8;X@HP_LETTERHEADHPLASII2.PRSx  @,\,]X@Њ2#=X`F`Courier 10cpiCourier 10cpi (Bold)2xxx,Ux  @8;X@\2xxx,lx  `B;Xx; <X,,,px;Jr,,,d;*<,,, 2   IN THE SUPREME COURT OF FLORIDA  2 x!CASE NO. __________ ă  2   FRANK LEE SMITH , Appellant, v.  2  HARRY K. SINGLETARY , Respondent. ___________________________/  2   RESPONDENT'S REPLY TO THE STATE'S EMERGENCY  2  MOTION TO STAY CIRCUIT COURT PROCEEDINGS  I. A. 1. a.(1)(a) i) a) 1. a. i.(1)(a)(i) 1) a)Ѓ  2  FRANK LEE SMITH , the Respondent, by and through his undersigned counsel, hereby notifies this Court that he has no objection to a stay of the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida, and as grounds states the following: 1.` ` In Smith v. Dugger, 565 So. 2d 1293 (Fla.1990), this Court ordered an evidentiary hearing based on Chiquita Lowe's affidavit stating that she had testified against and identified the wrong man in open courtMr. Smith. This Court stated that "[o]f the witness identifications presented at trial, that of Lowe clearly was the most credible." Smith, 565 So. 2d at 1297. 2.` ` On March 7, 1991, the circuit court held an evidentiary hearing as ordered by this Court. The circuit court signed the state's proposed order denying Mr. Smith any Rule 3.850 Relief. 3.` ` On October 2, 1992, Mr. Smith filed his initial brief with this Court. 4.` ` On October 12, 1992, the state filed a Motion to Relinquish Jurisdiction in this Court "so that the true facts(0*0*0* concerning a claim [Argument I(A)] raised by appellant can be brought to this Court's attention." State's Motion at 3. 5.` ` On October 30, 1992, this Court granted the state's motion and relinquished Mr. Smith's case to the circuit court "for the purpose of getting the facts concerning a claim raised by the appellant that there was an ex parte communication between the state and the trial judge." Smith v. State, Case Number 78, 199 (Fla. October 30, 1992). 6.` ` Pursuant to this Court's order, the circuit court has set a hearing date for January 21, 1994. 7.` ` In order to get the facts, Mr. Smith issued a subpoena for deposition to Judge Tyson, the presiding judge at Mr. Smith's March 7, 1991, hearing. 8.` ` The state filed a motion to quash the subpoena that came up for hearing before Judge Speiser. 9.` ` Judge Speiser denied the motion to quash but granted a protective order for reasons stated on the record. The state then requested a stay from Judge Speiser.  2   10.` ` Despite Mr. Smith agreeing to holding the proceedings in abeyance pending an appeal before this Court, Judge Speiser denied a stay.  2  11.` ` Mr. Smith has no objection to this Court holding the circuit court proceedings in abeyance pending briefing before this Court and a decision by this Court.  2%  WHEREFORE , Mr. Smith has no objection to this Court holding the circuit court hearing set for January 21, 1994, in abeyance'0*0*0* and allowing an appeal as argued in the state's Emergency Motion to Stay Circuit Court Proceedings. I HEREBY CERTIFY that a true copy of the foregoing Respondent's Reply to the State's Emergency Motion to Stay Circuit Court Proceedings has been furnished by United States Mail, first class postage prepaid, to all counsel of record on January 7, 1994. ` `  hh#(MICHAEL J. MINERVA ` `  hh#(Capital Collateral Representative ` `  hh#(Florida Bar No. 092487 ` `  hh#(STEPHEN M. KISSINGER ` `  hh#(Assistant CCR ` `  hh#(Florida Bar No. 0979295 ` `  hh#(OFFICE OF THE CAPITAL COLLATERAL ` `  hh#( REPRESENTATIVE ` `  hh#(1533 South Monroe Street ` `  hh#(Tallahassee, Florida 32301 ` `  hh#((904) 4874376 ` `  hh#(By: ____________________________ ` `  hh#( Counsel for Respondent Copies furnished to: Sara Baggett Assistant Attorney General 1655 Palm Beach Lakes Boulevard West Palm Beach, FL 33401