Whether the Eighth Amendment prohibits the execution of a death row inmate when the state supreme court has denied constitutional protections that safeguard human dignity and prevent arbitrary or cruel punishment

Mr. Bates will be able to demonstrate that the Florida Supreme Court should be reversed and proceedings befitting the interests at stake should be held. Further, Mr. Bates’s claims are not subject to any legitimate procedural impediments. In this case, the state courts have foreclosed adequate and substantive review. Given the final nature of the death penalty, no point should exist at which proper consideration is foreclosed. “[E]xecution is the most irremediable and unfathomable of penalties . . . death is different.” Ford v. Wainwright, 477 U.S. 399, 411 (1986) (citing Woodson v. North Carolina, 428 U.S. 280, 305 (1976) (opinion of Stewart, Powell, and Stevens, J.J.)). Absent a stay of execution by this Court, Mr. Bates will suffer a clear, irreparable harm. Wainwright v. Booker, 473 U.S. 935, 937 n.1 (1985) (Powell, J., concurring) (finding irreparable harm requirement “necessarily present in capital cases”). Additionally, the Florida Supreme Court’s refusal to grant Eighth Amendment protection is not just a matter of life and death for Mr. Bates. It degrades the public’s interest in living in a humane society. See, Ford, 477 U.S. at 409-10 (noting the Eighth Amendment protects not only the individual, but also “the dignity of society itself from the barbarity of exacting mindless vengeance”). CONCLUSION For the foregoing reasons, Mr. Bates respectfully requests that this Court grant this application, stay his execution set for August 19, 2025, at 6:00 p.m., and address the important constitutional questions in this case. Respectfully submitted, /s/ JAMES L. DRISCOLL JR JAMES L. DRISCOLL, JR. Florida Bar Number: 0078840 *Counsel of Record MICHAEL T. COOKSON Fla. Bar No. 1057838 JEANINE COHEN Fla. Bar. No. 0128309 CAPITAL COLLATERAL REGIONAL COUNSEL — SOUTH 110 SE 6TH STREET, SUITE 701, ForRT LAUDERDALE, FL 33301 TELEPHONE: (954) 713-1284 Fax: (954) 713-1299 Counsel for the Petitioner August 14, 2025