Supreme Court of Florida

An order denying a second successive motion for post-conviction relief brought by a prisoner under sentence of death is affirmed over claims of error that: 1) newly discovered evidence of a doctor's clarification of his original testimony made defendant's death sentence fundamentally unreliable; and 2) newly discovered evidence of the Florida Department of Corrections training logs and the Florida Department of Law Enforcement (FDLE) mock execution training notes clearly revealed that Florida's lethal injection method violated the Eighth Amendment.

Appellate Information

• Decided 01/24/2008
• Published 01/24/2008

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

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


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