IN THE SUPREME COURT OF FLORIDA

CASE NO. SC06-2023

ARTHUR DENNIS RUTHERFORD,

Petitioner,

v.

CHARLES J. CRIST, Attorney General of Florida,

JEB BUSH, Governor of Florida,

JAMES R. MCDONOUGH, Secretary, Florida Department of Corrections,

Respondents.

/

MOTION FOR STAY OF EXECUTION

COMES NOW, A.D. RUTHERFORD, Petitioner, by and through undersigned

counsel and moves this Court to issue a stay of execution and as grounds therefore

asserts:

1. Mr. Rutherford is presently scheduled to be executed on October 18,

2006, at 6:00 p.m.

2. Simultaneously with this motion, Mr. Rutherford has filed a Petition

Seeking to Invoke this Court=s All Writs Jurisdiction based on Mr. Rutherford=s recently

learning that on August 16, 2006, the Department of Corrections promulgated a new

lethal injection protocol in order to establish new procedures for all subsequent

executions.

3. This Court has granted stay of executions when situations have warranted

it. See King v. Moore, 824 So. 2d 127 (Fla. 2002); Bottoson v. Moore, 824 So. 2d 115

(Fla. 2002); Provenzano v. State, 750 So. 2d 597, 603 (Fla. 1999); Roberts v. State,

2

678 So. 2d 1232, 1236 (Fla. 1996); Spaziano v. State, 660 So. 2d 1363, 1370 (Fla.

1995).

4. The last minute nature of the request is due to the actions of

Respondents, not Mr. Rutherford.

WHEREFORE, Petitioner, A.D. Rutherford, by and through undersigned counsel,

respectfully requests that this Court enter a stay of execution.

I HEREBY CERTIFY that a true and correct copy of the foregoing motion has

been furnished by hand delivery, to Carolyn Snurkowski, Deputy Attorney General,

Office of the Attorney General, The Capitol, PL-01, Tallahassee, Florida 32399-1050,

and Charmaine Millsaps, Assistant Attorney General, Office of the Attorney General,

The Capitol, PL-01, Tallahassee, Florida 32399-1050, on this 17th day of October,

2006.

______________________

LINDA MCDERMOTT

Fla. Bar No. 0102857

_______________________

MARTIN J. MCCLAIN

Fla. Bar No. 0754773

McClain & McDermott, P.A.

Attorneys at Law

141 N.E. 30th Street

Wilton Manors, FL 33334

(305) 984-8344

Counsel for Mr. Rutherford