KNOX v. STATE (2015)

ORDER

The en banc order of February 3, 2015, is vacated. The present en banc order, with separate statement, is substituted therefor.

Heretofore, on September 22, 2014, Knox filed his Motion to Stay Proceedings to Allow Discovery and Motion for Funding for Discovery, and the Court, en banc, having duly considered the same, is of the opinion and hereby holds that all proceedings in this case should be, and the same hereby are, stayed during such time as the Court shall give further consideration to said motion.

SO ORDERED, this the 9th day of February, 2015.

Steve Knox robbed and brutally murdered Ella Mae Spears on October 22, 1998. He was convicted of capital murder and sentenced to death on September 29, 1999. Justice demands that this Court rule on Knox's motion now rather than delaying our ruling by staying this matter indefinitely. Knox's motion requests a stay of the proceedings and funding to allow further discovery to proceed, and this Court's delay in ruling on his motion obviously will further compound the delay in this case. I would rule on the motion immediately. While I disagree that a stay is necessary, I believe that any stay entered should be for a brief and definite period of time.

JAMES W. KITCHENS, JUSTICE

CHANDLER, J., OBJECTS WITH SEPARATE WRITTEN STATEMENT. RANDOLPH, P.J., NOT PARTICIPATING.