- Associated Press - Wednesday, December 23, 2015

TAMPA, Fla. (AP) - Lawyers for a 53-year-old convicted killer from the Tampa Bay area are asking the Florida Supreme Court to grant a stay of execution.

Oscar Ray Bolin is scheduled to die Jan. 7. He and his lawyers filed a motion Tuesday with the state’s highest court, saying that he plans to appeal to the U.S. Supreme Court.

On Dec. 17, the state court denied Bolin’s appeal based on alleged new evidence. The court ruled Bolin should be put to death for the December 1986 murder of Teri Lynn Matthews. Matthews was abducted in Pasco County, raped and then beaten and fatally stabbed.

In his recent motion for a stay, Bolin said an Ohio inmate confessed to Matthews’ murder and that he will be bringing that evidence to the federal court.

That inmate committed suicide, but a DNA test was performed. The results excluded the inmate, but did not exclude Bolin.

The Florida court ruled Bolin failed to establish evidence that would have exonerated him, and now Bolin wants to bring this evidence to the U.S. Supreme Court.

State prosecutors said in a response filed Wednesday that Bolin has “no compelling reason” for a stay of execution and that when the Florida court ruled against Bolin on Dec. 17, the court said it wouldn’t rehear the motion.

Bolin’s lawyers also asked the state court for a stay based on a pending case of whether Florida’s death sentences violate the Constitution.

“The decision … which is likely to be handed down soon, could retroactively invalidate or radically alter the death penalty landscape in this state,” Bolin’s lawyer wrote.

The state countered that the Supreme Court’s decision in that pending case won’t have any impact on Bolin, given his “knowing, voluntary, and intelligent waiver of a jury advisory recommendation and his prior violent felony conviction.”

Bolin was also sentenced to death for the 1986 murder of Stephanie Collins and is serving a life sentence for the 1986 murder of Natalie Holley.

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