University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Schwab v. Florida CJ-FL-0004
Docket / Court SC07-1603 ( State Court )
State/Territory Florida
Case Type(s) Criminal Justice (Other)
Case Summary
In this death penalty case, the Florida Supreme Court on October 31, 2007, held unanimously that the State's lethal injection procedure for execution does not violate the constitutional ban on cruel and unusual punishment. The case was brought by a prisoner under an active death warrant, who ... read more >
In this death penalty case, the Florida Supreme Court on October 31, 2007, held unanimously that the State's lethal injection procedure for execution does not violate the constitutional ban on cruel and unusual punishment. The case was brought by a prisoner under an active death warrant, who challenged the State's use of paralytic chemicals and also claimed that new evidence that he had a neurological impairment should invalidate the death sentence. The Court rejected both claims but did not rule on the Plaintiff's request for a stay of execution.

Florida suspended executions in December 2006 after a botched injection led to an investigation of the procedures. Governor Crist lifted the moratorium when he signed Plaintiff's warrant in July 2007.

Denise Heberle - 12/30/2009


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Death Penalty
Lethal Injection - Chemicals Used
Lethal Injection - General
Plaintiff Type
Private Plaintiff
Causes of Action State law
Defendant(s) State of Florida
Plaintiff Description A prisoner under sentence of death and under an active death warrant claiming Florida's lethal injection method of execution violates the Constitution
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Docket(s)
SC07-1603 (State Supreme Court) 10/31/2007
CJ-FL-0004-9000 PDF | Detail
General Documents
Press Release 11/01/2007
CJ-FL-0004-0001 PDF | Detail
Opinion 11/01/2007 (969 So.2d 318)
CJ-FL-0004-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Anstead, Harry Lee (State Supreme Court)
CJ-FL-0004-0002
Bell, Kenneth B. (State Supreme Court)
CJ-FL-0004-0002
Cantero, Raoul G III Court not on record
CJ-FL-0004-0002
Lewis, R. Fred (State Supreme Court)
CJ-FL-0004-0002
Pariente, Barbara J. (State Supreme Court)
CJ-FL-0004-0002
Quince, Peggy A. (State Appellate Court, State Supreme Court)
CJ-FL-0004-0002
Wells, Charles T. (State Supreme Court)
CJ-FL-0004-0002
Monitors/Masters None on record
Plaintiff's Lawyers Cannon, Peter J (Florida)
CJ-FL-0004-0002
Gaylord, Daphney (Florida)
CJ-FL-0004-0002
Gruber, Mark S (Florida)
CJ-FL-0004-0002 | CJ-FL-0004-9000
Jennings, Bill (Florida)
CJ-FL-0004-0002
Keffer, Suzanne Myers (Florida)
CJ-FL-0004-0001
Defendant's Lawyers McCollum, Bill (Florida)
CJ-FL-0004-0002
Nunnelley, Kenneth S. (Florida)
CJ-FL-0004-0002 | CJ-FL-0004-9000
Other Lawyers None on record

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