Filed Date: Dec. 14, 2006
Closed Date: 2018
Clearinghouse coding complete
On December 14, 2006, a death-sentenced inmate in the Florida prison system filed a lawsuit under Fla. R. App. P. 9.100, which is the Florida All Writs statute, against the Florida Department of Corrections in the Supreme Court of Florida. The plaintiff alleged that his constitutional rights were threatened by the imminent use of pancuronium bromide during the lethal injection process. He argued that the Florida procedures for lethal injection would subject him to cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution.
On December 14, 2006, the Florida Supreme Court granted partial temporary relief, allowing the plaintiff to designate a representative to attend the autopsy of a recently executed inmate in order to observe the proceedings. The court then relinquished jurisdiction to the Circuit Court of the Fifth Judicial Circuit in Marin County, Florida for a determinate of the plaintiff's request for an independent autopsy of the executed inmate.The plaintiff appealed.
On November 1, 2007, the Supreme Court held that:
1) the time limitation imposed by the Supreme Court and the circuit court, and prisoner's alleged inability to present certain evidence, did not deprive the prisoner of a full and fair hearing,In 2016, the Supreme Court, in Hurst v. Florida, found Florida's death-penalty sentencing system was unconstitutional because it gave too much authority to judges, instead of juries.2) the circuit court erred when it excluded two memoranda that had been prepared by an assistant general counsel for the Department of Corrections (DOC) from evidence; and
3) the lethal injection procedures currently in place in Florida, as actually administered, did not violate the constitutional prohibition against cruel and unusual punishment. Therefore, the Supreme Court affirmed the circuit court's order denying relief and Lightbourne's writs petition. 969 So.2d 326.
In a subsequent ruling, the Court also required that juries must unanimously agree on critical findings before judges can impose death sentences and must unanimously recommend the death penalty.
Several death row inmates, including Lightbourne, argued that the new requirements should also apply to their cases. In Lightbourne’s original sentencing, no jury count was recorded. It was simply entered into court records that the majority decision was that he should receive the death penalty. Without a numerical count, it was not possible to know whether the decision was unanimous and a resentencing would be able to settle that.
However, the regulation is retroactive only for defendants who were sentenced to death after June 24, 2002. This date was determined based on another U.S. Supreme Court case, Ring v. Arizona, that established a defendant’s right to have a jury, not a judge, decide whether the death penalty is acceptable punishment.
Even though Lightbourne was sentenced before June 24, 2002, his defense attorneys argued that in a hearing held before the Florida Supreme Court about his sentence in October 2002, the court was technically operating under an unconstitutional guideline. The Supreme Court handed down an order based on those hearings in January 2003, according to court documents. Therefore, Lightbourne argued that it was fundamentally unfair that defendants similarly situated will get the benefit of Hurst where others wouldn’t. The state argued that Lightbourne’s case had been decided before the cutoff date and should therefore stand. The Supreme Court held the Hurst requirements should not retroactively apply to the inmates. 235 So.3d 285.
The case is now closed.
Summary Authors
Kristen Sagar (8/28/2007)
Averyn Lee (6/8/2019)
Keffer, Suzanne Myers (Florida)
Nunnelley, Kenneth S. (Florida)
Snurkowski , Carolyn (Florida)
Last updated Aug. 30, 2023, 2:31 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Florida
Case Type(s):
Key Dates
Filing Date: Dec. 14, 2006
Closing Date: 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Prisoners who have constitutional challenges to lethal injection pending in different postures throughout Florida.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Florida Department of Corrections, State
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Death Penalty: