With just three weeks remaining until his scheduled execution, Anthony Floyd Wainwright, convicted in the heinous 1994 murder of Carmen Gayheart, has filed an emergency motion for a stay of execution with the Florida Supreme Court.
The motion, submitted by pro bono counsel Terri L. Backhus, seeks to halt the June 10, 2025, 6:00 p.m. execution to allow for a comprehensive review of what his legal team claims are “pervasive constitutional errors” throughout his case.
Wainwright, 54, is slated to be the sixth inmate executed in Florida this year. His death warrant was signed by Governor Ron DeSantis on May 9, just a day after the Florida Supreme Court rejected an appeal from Glen Rogers, who is set to be executed this Thursday.
READ: Florida Death Row Inmate Loran K. Cole Executed After 30 Years: Final Moments Witnessed By 19
The motion for a stay was filed simultaneously with a petition for writ of habeas corpus, urging the high court to reconsider its previous rulings. Ms. Backhus argues that a failure to grant a stay and review the new claims would render Wainwright’s execution a “manifest injustice.”
“Mr. Wainwright is entitled to a stay so that this Court can meaningfully consider the arguments he raises in support of his claim,” the motion states. “The petition presents important issues which deserve to be fully addressed by this Court free from the time constraints imposed by the warrant.”
The filing highlights what Wainwright’s counsel contends are “serious doubts as to the integrity of the judicial process that produced his death sentence and, as a result, the validity of the death sentence imposed.” Among the critical failings alleged are:
- Ineffective Assistance of Counsel: Multiple attorneys who, according to the motion, “failed to safeguard Mr. Wainwright’s constitutional rights and ability to fully litigate his case.”
- Flawed DNA Evidence: Claims that DNA evidence used in the original trial has since “called into question the extent of Mr. Wainwright’s involvement in the crimes.”
- Erroneous Jury Instructions and Arguments: Allegations of “erroneous jury instructions, combined with inflammatory and incorrect closing arguments by both sides that served to stoke the passions of the jury while falsely diminishing their sense of responsibility for the sentence they voted to impose.”
READ: Florida Executes ‘Morbidly Obese’ Michael Tanzi For Brutal 2000 Murder Of Janet Acosta
The motion cites precedent, including Chavez v. State and Abdool v. Bondi, asserting that a stay is appropriate when there are “substantial grounds upon which relief might be granted” or when a challenge “casts doubt on his or her guilt, the integrity of the judicial process, or the validity of the death sentence imposed.” The case of Johnson v. Singletary, where a stay was granted based on newly discovered evidence, is also referenced.
Furthermore, Wainwright’s legal team argues that the 32-day period between the signing of the death warrant and the execution date is “inadequate for meaningful review of the meritorious issues presented.” They point to Jimenez v. State, where a stay was granted on a 27-day warrant, to emphasize the need for sufficient time for appellate review.
Anthony Floyd Wainwright was convicted of the 1994 kidnapping, rape, and murder of Carmen Gayheart. According to a 1995 sentencing order by Circuit Judge E. Vernon Douglas, Gayheart was abducted at gunpoint from a Winn-Dixie parking lot in Lake City while loading groceries into her vehicle. She was then driven to a wooded area in rural Hamilton County, where she was raped, strangled, and shot twice in the back of the head.
Wainwright and co-defendant Richard Hamilton were apprehended the following day in Mississippi after a shootout with police. Both men had escaped from a North Carolina prison days before Gayheart’s murder.
The Florida Supreme Court had previously issued a schedule for what could be Wainwright’s final appeal attempts.
His current motion for a stay places the ball back in the court’s hands, setting the stage for a critical decision in the coming days that will determine if his execution proceeds as planned or if his arguments will receive further judicial scrutiny.
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Connect with us: Follow the Tampa Free Press on Facebook and Twitter for breaking news and updates.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.
