Whether the Eighth Amendment prohibits the execution of a death row inmate when substantial constitutional questions remain unresolved and the defendant has been denied a meaningful opportunity to be heard

by Smithers’ case requires a full appellate review that is not truncated by his imminent execution. For the foregoing reasons, Smithers respectfully requests that this Court grant his application for a stay of Smithers’ execution scheduled for October 14, 2025, to address the compelling constitutional question in his case on the merits. Respectfully submitted, MELODY JACQUAY-ACOSTA *ANN MARIE MIRIALAKIS Florida Bar No. 1010248 Florida Bar No. 658308 Assistant CCRC-M Assistant CCRC-M Counsels of Record for Petitioner *Member of the Bar of the Supreme Court Dated: October 8TH, 2025