1IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ) ) ) ) ) ) ) )

In re: WARREN LEE HILL, JR., Petitioner.

Case No. 13-10702-P CAPITAL CASE EXECUTION SCHEDULED JULY 15, 2013 @ 7:00PM

MOTION FOR STAY OF EXECUTION PENDING SUPREME COURTS RESOLUTION OF PETITION FOR WRIT OF HABEAS CORPUS 1 11Comes now the Petitioner, WARREN LEE HILL, JR., who, through undersigned counsel, 1hereby requests that this Court issue an Order staying Petitioners execution until the Petition for Writ of Habeas Corpus currently pending in the United States Supreme Court is resolved. As grounds for this motion Petitioner respectfully shows the following: 1. On July 3, 2013, an execution warrant issued in the

Superior Court of Lee County (Criminal Action No. 91-R-14), setting Mr. Hills execution to occur during a window of time extending from noon on July 13, 2013, to noon on July 20, 2013. See Exhibit A. The execution is currently scheduled for 7:00PM on July 15, 2013.

2.

A stay of execution is requested so that the Supreme

Court can duly consider the merits of Mr. Hills Petition for Writ of Habeas Corpus, filed on May 22, 2013. See Exhibit B. In that action, Mr. Hill requested that the Supreme Court exercise its original jurisdiction to entertain his claim that new evidence demonstrates he is mentally retarded beyond a reasonable doubt and may not be executed under Atkins v. Virginia, 536 U.S. 304 (2002). Amici mental disability experts and habeas law professors filed briefs in support of Mr. Hills Petition on June 10 and June 24, 2013, respectively. See Exhibits C, D. The case is scheduled for conference on September 30, 2013. 3.
1This Court, in denying Mr. Hill leave to file a second

habeas corpus petition to present the new evidence, emphasized that Mr. Hill could nevertheless file an original action in the Supreme Court requesting relief under Atkins. See In re Hill, 715 F.3d 284, 301 n.20 (11th Cir. 2013) ([O]ur decision does not leave Hill without the ability to petition for a writ of habeas corpus. Hill may petition the Supreme Court directly for a writ of habeas corpus under that Court's original jurisdiction.).

4.

Mr. Hill filed his Petition for Writ of Habeas Corpus

with the Supreme Court thirty days after this Courts decision issued and well before the current execution warrant issued. Indeed, the Attorney General did not secure the execution warrant until after the Petition and amicus briefs had been filed and the Supreme Court had scheduled the Petition to be conferenced on September 30, 2013. 5. The issues at stake in the Petition currently pending in

the Supreme Court are clearly of the highest significance and involve the highest stakes. The Supreme Court should be given the time it needs to determine the appropriate resolution to this extraordinary case. The state will not be prejudiced by a delay of two more months. WHEREFORE, Mr. Hill prays that this Court enter a stay of execution pending the outcome of proceedings on his Petition for Writ of Habeas Corpus currently pending in the Supreme Court. Dated this 8th day of July, 2013. Respectfully submitted,

__________________________ Brian Kammer (Ga. 406322) Georgia Resource Center 303 Elizabeth Street, NE Atlanta, GA 30307 404-222-9202 3

Fax: 404-222-9212 Mark E. Olive (Ga. 551680) Law Offices of Mark E. Olive, P.A. 320 West Jefferson Street Tallahassee, Florida 32301 850-224-0004 850-224-3331 (Fax) COUNSEL FOR PETITIONER

1IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ) ) ) ) ) ) )

In re: WARREN LEE HILL, JR., Petitioner.

Case No. 13-10702-P

CERTIFICATE OF SERVICE This is to certify that I have served a copy of the foregoing document on counsel for Respondent on this day by U.S. Mail and electronic mail to the following address: Beth Burton, Esq. Senior Assistant Attorney General 40 Capitol Square, SW Atlanta, Georgia 30334 This the 8th day of July, 2013.

__________________________ Attorney