Supreme Court of Florida

In a capital murder case, denial of motion to vacate sentence is affirmed, and petitions for all writs and habeas relief are denied, over claims regarding: 1) deprivation of due process in a challenge to the state's lethal injection procedures; 2) whether an ABA report on arbitrariness in application of the death penalty was newly-discovered evidence; 3) statutory violations in resetting the date of execution; 4) an Eighth Amendment claim arising from the length of defendant's term on death row; 5) newly-discovered evidence in the form of a witness affidavit; 6) ineffective assistance of postconviction counsel; 7) actual innocence; 8) the denial of defendant's requests for certain public records; and 9) a request for relinquishment of jurisdiction to the trial court for consideration of new evidence.

Appellate Information

• Decided 11/07/2008
• Published 11/07/2008

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Neal Dupree, Capital Collateral Regional Counsel, Fort Lauderdale, FL, and Martin J. McClain, Special Assistant CCR Counsel, Southern Region, Wilton Manors, FL, for Appellant/Appellant/Petitioner.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, and Scott A. Browne, Assistant Attorney General, Tampa, FL, for Appellee/Appellee/Respondent.