Florida Supreme Court denied Floyd Damren's postconviction appeal

Last week, the Florida Supreme Court affirmed the circuit court's summary denial of Damren's second successive postconviction motion. Damren was sentenced to death for crimes that occurred in 1994.

Last week, the Florida Supreme Court issued several written opinions in its regular release. One was a capital case—Floyd William Damren’s appeal from the circuit court’s summary denial of his second successive postconviction motion.

Damren was sentenced to death for crimes that occurred in 1994. The jury unanimously recommended a sentence of death.¹ The Florida Supreme Court affirmed Damren’s convictions and sentence of death on direct appeal in 1997. His sentence of death became final in late 1998.

In 2003, the Florida Supreme Court affirmed the circuit court’s denial of Damren’s initial motion for postconviction relief and petition for writ of habeas corpus.

In 2018, the Florida Supreme Court affirmed the circuit court’s denial of Damren’s first successive motion for postconviction relief.

Damren has also unsuccessfully raised and litigated claims in federal court.

On June 10, 2022, Damren filed his second successive postconviction motion, which was at issue in this opinion. The motion raised two claims:

(1) newly discovered evidence of his autism spectrum disorder (ASD) renders his death sentence unreliable; and (2) newly discovered evidence of his post-traumatic stress disorder (PTSD) at the time of the offenses renders his death sentence unreliable.²

The circuit court “summarily denied Damren’s motion as untimely,” and the Court on appeal found no error.³

The decision was unanimous.

The full decision can be downloaded here.

1. Damren v. State, 696 So. 2d 709, 710 (Fla. 1997).

2. Slip op. at 2.

3. Slip op. at 3.