A lot ahead this week
It is likely Gov. DeSantis receives the capital sentencing legislation (and perhaps capital sex crime legislation) this week. He is expected to sign both into law.
Good morning. I hope everyone had a nice weekend. Today:
Is this week the week Gov. DeSantis receives the capital punishment legislation for approval?
Updates on:
Recent litigation that we haven’t yet covered
Barwick warrant litigation
Legislation Update
Capital Sentencing
As covered last week, the House passed the capital sentencing legislation that significantly lowers the standard for imposing a sentence of death in the state. The bill now heads to Gov. DeSantis for his signature.
It is likely Gov. DeSantis receives the capital sentencing legislation this week, which he is expected to sign into law.
Capital Sex Crimes
As covered last week, the House passed the legislation expands capital punishment to child sex crimes beyond limits the U.S. Supreme Court set long ago. The Senate still needs to vote on this legislation before it can go to Gov. DeSantis. The Senate will take up this legislation on Tuesday.
Recent Litigation
Aside from the Florida Supreme Court’s decisions last week (covered here), there’s also been some movement in the federal courts.
Taylor v. Sec’y, Fla. Dep’t of Corrs.
On Tuesday, April 11, the U.S. Court of Appeals for the Eleventh Circuit denied Steven Richard Taylor’s appeal from the trial court’s denial of his federal habeas claims, in which he “alleg[ed] . . . various evidentiary errors at his trial.”
In re: Frank Walls
On Thursday, April 13, the U.S. Court of Appeals for the Eleventh Circuit denied Frank Walls’ habeas claims, in which he sought relief based on his claims of intellectual disability.
In Atkins v. Virginia in 2002, the U.S. Supreme Court held that it violates the Eighth Amendment to sentence someone with intellectual disability to death. Applying Atkins, Florida determined that anyone with an IQ under 70 was considered intellectually disabled. If a person’s IQ was over 70, they were not within the parameters of Atkins.
In Hall v. Florida in 2014, the U.S. Supreme Court addressed “how intellectual disability must be defined in order to implement . . . the holding of Atkins.” Hall had presented evidence of intellectual disability, including an IQ score of 71, but was denied relief because of the cutoff of 70. At the time, the Court found that, “at most nine States mandate a strict IQ score cutoff at 70.” Further, “every state legislature to have considered the issue after Atkins—save Virginia’s—and whose law has been interpreted by its courts ha[d] taken a position contrary to that of Florida.” Ultimately, the Court held that Florida’s statute was unconstitutional, concluding:
The death penalty is the gravest sentence our society may impose. Persons facing that most severe sanction must have a fair opportunity to show that the Constitution prohibits their execution. Florida's law contravenes our Nation's commitment to dignity and its duty to teach human decency as the mark of a civilized world. The States are laboratories for experimentation, but those experiments may not deny the basic dignity the Constitution protects.
Walls sought postconviction relief after Hall. Originally, the Florida Supreme Court had determined that Hall applied retroactively to sentences of death that were final when Hall was decided. Based on that decision, the Court sent Walls’ case back to the trial court for reconsideration. However, in a 2020 decision (similar to Poole, as discussed here), as the Eleventh Circuit stated, “the Florida Supreme Court later reversed course, holding that it previously had erred” and that Hall did not apply retroactively. As a result, Walls’ claim was denied. In its decision last week, the Eleventh Circuit also denied retroactive application of Hall to Walls’ case under the federal standard.1
Robert Dunham (former ED of the Death Penalty Information Center) created this link for public access to the Order.
Barwick Warrant Litigation
On Friday, Barwick filed his Notice of Appeal of the circuit court’s denial of his claims, sending them to the Supreme Court of Florida.
You can download the Notice of Appeal here.
Briefing will proceed quickly. Follow
for coverage.My thoughts are with everyone involved in the execution process.