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Phil Johnson's avatar

I am a retired DP defense attorney, so am not up to snuff on FL litigation - which is why I joined this site. I note, however with interest that the FL SCt. did not entertain his companion claims alleging or claiming 8th Amendment "cruel and unusual punishment" for being one of many survivors in an infamous state-run Boys' Institution which became the basis for many lawsuits for unlawful treatment of youths housed there, Cole being one of them. The Governor is now being asked to stay the execution based on this fact, I presume as he signed off on a settlement of civil cases making the State liable for damages on all youth inmates.

1. Given the present situation, was Cole procedurally barred from citing this as a state/federal constitutional violation? 2. If present in the record, were there any grounds for IAC in failing to cite to that "cruel and unusual (conduct) in trial? or was that already argued and dismissed at the appellate/writ level?

P. Johnson

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