Cole Warrant: Florida Supreme Court Denies Cole's Claims
This morning, the Florida Supreme Court issued a decision affirming the circuit court’s decision summarily denying Cole’s claims and Cole’s motion to stay and his request for oral argument.
Loran Cole’s execution is scheduled for August 29 at 6:00 p.m. It is the first execution scheduled this year in the State.
This morning, the Florida Supreme Court issued a decision affirming the circuit court’s decision summarily denying Cole’s claims. The Court also denied Cole’s motion to stay and his request for oral argument.
The Court issued a 27-page per curiam unanimous opinion.
On Cole’s first claim of newly discovered evidence, the Court agreed that “Cole cannot meet his burden.” The Court held that the new legislation related to compensation for Dozier School survivors is not newly discovered evidence. (More here on Dozier.)
On Cole’s second claim of an Eighth Amendment violation due to how he’s been treated by the Department of Corrections, the Court agreed “that Cole’s claim is untimely.” Even if it wasn’t untimely, the Court held that “Cole’s claim would not provide a basis for relief.”
Finally, the Court denied Cole’s claim regarding the method of execution. First, the Court held that the claim is untimely because he has had “Parkinson’s disease since at least 2017” but “failed to raise any argument related to the method of execution until after the Governor signed a death warrant.” Second, regardless of timeliness, the Court held that Cole’s claim is without merit because the Court has “already rejected challenges to the etomidate protocol based upon the possibility of involuntary movements.” Further, the Court has “repeatedly recognized that the Department of Corrections is entitled to the presumption that it will comply with the lethal injection protocol.”
The Court also denied Cole’s public records-related claim.
The full decision can be accessed here.
I have no familiarity with the Cole matter, but as a comment on the death penalty and means of execution.
Lethal injection is an attempt to lend succor to a public which wants to believe that a less visible state-ordered death is perfectly fine.
Utilize the goddamn firing squad or abolish capital punishment! You cannot hide the obvious, merely partially anestthetise the witnesses.