KING v. STATE

Amos Lee King, a prisoner under sentence of death and an active death warrant, appeals three orders of the circuit court entered on December 1, 2002, denying the following motions filed by Amos Lee King:

1. Successive Motion to Vacate Judgment and Sentence, and Request for Evidentiary Hearing and Stay of Execution, with date of service on November 29, 2002;

2. Emergency Petition to Stay Execution, Motion for Subpoena and Order to Release Any and All Autopsy and Medical Records in Possession of the Medical Examiner's Office Regarding John Peel, Jr., with date of service on November 29, 2002; and

3. Defendant's Motion to Release Evidence for DNA Testing, with date of service on November 29, 2002.

The history of judicial process in the state and federal courts regarding this case is set out in King v. State, 808 So.2d 1237 (Fla. 2002). In his brief to this Court, King argues the following:

I. The lower court erred when it denied Mr. King's motion to release evidence for DNA testing.

II. The lower court erred when it summarily denied an evidentiary hearing on claims I and II of King's successive motion to vacate judgment served on November 29, 2002.

III. The lower court erred when it summarily denied claims III, IV, and V of King's successive motion to vacate judgment served on November 29, 2002.

King has filed a Motion for Leave to File Amended Brief. We grant the motion to file the amended brief and said brief was filed with this Court on December 2, 2002.

King also seeks a stay of execution.

We affirm the circuit court's orders denying King's motions in respect to all points raised by King in this appeal. We deny the request for a stay of execution. No rehearing shall be allowed.

ANSTEAD, C.J., and SHAW, WELLS, PARIENTE, LEWIS and CANTERO, JJ., concur.

QUINCE, J., recused.