Supreme Court of Florida

An order denying a successive motion for postconviction relief brought by a prisoner under sentence of death and under an active death warrant is affirmed as: 1) petitioner's claims relating to whether Florida's lethal injection protocol violates the Eighth Amendment were not procedurally barred; 2) the circuit court erred in failing to take judicial notice of the record in another case, but the error was harmless; 3) a claim regarding a denial of his public records requests is rejected; and 4) on the merits, the court rejects the claim that lethal injection as applied in Florida is unconstitutional. The court also rejects a claim that the death sentence was constitutionally unreliable based upon newly discovered evidence of neurological impairment and a connection between brain pathology and sexual offense.

Appellate Information

• Decided 11/01/2007
• Published 11/01/2007

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Bill Jennings, Capital Collateral Regional Counsel, Mark S. Gruber, Peter J. Cannon, and Daphney Gaylord, Assistant CCRC, Middle Region, Tampa, FL, for Appellant.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, Kenneth S. Nunnelley, Senior Assistant Attorney General, Daytona Beach, FL, for Appellee.