SUPREME COURT OF FLORIDA

BENNIE DEMPS, CASE NO.: SC00-1118

Appellant, Lower Tribunal No.: 77-0116-CFA

vs.

STATE OF FLORIDA,

Appellee.

MOTION TO CONSOLIDATE PENDING

PETITION FOR WRIT OF MANDAMUS

The appellant, Bennie Demps, through the undersigned court-appointed

appellate counsel, George F. Schaefer, moves this court for an order consolidating

the petition for writ of mandamus filed this date by the petitioner in this court, a

copy of which is attached and which includes the case number for the mandamus

action. The following grounds support this motion:

1. In the case at hand, the appellant is appealing the trial court's denial of

his fourth postconviction relief motion in which petitioner seeks to vacate his first

degree murder conviction and death sentence.

2. On May 27, 2000 this court stayed the pending death warrant issued

by Governor Jeb Bush until 5:00 p.m. on June 7, 2000.

3. The pending petition for writ of mandamus filed by Mr. Demps asserts

that Governor Jeb Bush and Attorney General Robert Butterworth violated the

scheduling and notice requirements regarding executions following a stay found at

§§922.052 and 922.06, Fla. Stat.

4. The relief requested in the petition for writ of mandamus is factually

intertwined with the substantive and procedural facts in the case at hand which

makes the consolidation of the two cases appropriate.

A. MEMORANDUM OF LAW

In State v. Fourth District Court of Appeal, 697 So.2d 70 (Fla. 1997) this

court acknowledged that collateral proceedings in death penalty cases are

essentially an attack on imposition of the death penalty. This court then went on to

hold that in addition to appellate jurisdiction over death sentences, this court has

exclusive jurisdiction to review all types of collateral proceedings in death penalty

cases. In the case at hand, Mr. Demps seeks reversal of the trial court's denial of

postconviction relief and in the petition for writ of mandamus, Mr. Demps is

seeking to force the respondents (Governor Jeb Bush and Attorney General Robert

Butterworth) to comply with the scheduling and notice requirements under Florida

law for executions. In the former matter this court has appellate jurisdiction and in

the latter matter this court has original jurisdiction. Because the two actions are

factually and legally interrelated, they should be consolidated.

DATED this 4 th day of June, 2000.

George F. Schaefer

The Liberty House

1005 S.W. Second Avenue

Gainesville, Florida 32601-6116

(352) 338-1111

Florida Bar No.: 308870

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing pleading was

furnished by hand delivery to Curtis French, Assistant Attorney General, The

Capitol, Suite PL-01, Tallahassee, Florida 32399-1050 and U.S. mail delivery to