Anthony Wainwright’s execution is scheduled for June 10 at 6:00 p.m. As TFDP previously reported, the record in Wainwright’s case shows a long-standing conflict between Wainwright and his attorney, Baya Harrison. In the circuit court proceedings below, long-time capital defense attorney Terri Backhus moved to replace Harrison but was granted the ability to appear as co-counsel with Harrison, who remains lead counsel for Wainwright.

On May 20, as TFDP previously reported, Wainwright filed a petition for writ of habeas corpus at the Florida Supreme Court. That petition was filed by Backhus. Harrison did not sign on to the petition.

Yesterday, the State filed its Response to the petition and argued that the petition was unauthorized because it was not signed by Harrison. After the State’s response, the Court issued the following Order:

This morning, Harrison filed a response to the Court’s Order, writing in pertinent part:

The undersigned states that he does not adopt the habeas corpus petition or the motion for stay of execution related thereto. He adds that Ms. Terri Backhus, who filed the habeas petition and stay motion, was advised of this as soon as the undersigned learned of the filings.

NOTE: This is not the first time Harrison has disagreed with claims being filed in Wainwright’s case. As TFDP previously reported, Harrison refused to appeal the circuit court’s denial of Wainwright’s seventh successive motion for postconviction relief. Wainwright filed a pro se appeal of the denial and sought to get a new counsel. His request for new counsel was denied, and the Florida Supreme Court ultimately dismissed the appeal as unauthorized.

Eight minutes after Harrison’s response, Backhus filed an Emergency Motion for Rehearing. The motion argues that, despite the Court’s Order, the petition “is an authorized filing for several reasons,” including that any designation of Harrison as “lead counsel” by the circuit court “should have no weight” at the Florida Supreme Court. Further, the motion states that Wainwright “expressly authorized [Backhus] to file the habeas petition and represent him for purposes of litigating it in this Court.”

This afternoon, the State filed a response to the Emergency Motion for Rehearing, saying that Harrison has been “Wainwright’s lead postconviction counsel since 2014” and that Backhus, who used to represent Wainwright in federal court, “intruded into his warrant proceedings a week after the warrant was signed and has been trying to usurp lead counsel’s role ever since.” The State “urge[d] th[e] Court to adhere to its order and strike the unauthorized Petition filed by second-chair counsel Terri Backhus with the express disapproval of lead postconviction counsel Baya Harrison.”

The filings in this case can be found on the docket here.

TFDP Prior Coverage of the Wainwright Warrant

• Warrant signed

• Circuit court litigation update 5/14

• Evidentiary hearing denied

• Postconviction motion denied and appeal filed

My thoughts are with everyone involved in the warrant- and execution-related process.