The motion of petitioner for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. (orders list)

Waiver of right of respondent Florida to respond filed.

DISTRIBUTED for Conference of February 20, 2009.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2009)

Wendall Jermaine Hall, Petitioner, pro se

Florida, Respondent, represented by Edward C. Hill Jr.