GUDINAS WARRANT: Circuit court denies claims
Thomas Gudinas’s execution is scheduled for June 24. This morning, the circuit court entered a Final Order denying his pending claims.
Thomas Gudinas’s execution is scheduled for June 24 at 6:00 p.m. This morning, the circuit court entered a final order denying his pending postconviction claims.
On Gudinas’s first claim that his mental illness renders his impending execution unconstitutional under the Eighth Amendment, the court agreed with the State that “the claim is time barred, procedurally barred, foreclosed by precedent and meritless.” The court noted that accepting Gudinas’s argument “would essentially require a second evidentiary hearing on psychological mitigation in arguably any post-warrant case,” which “is not supported by U.S. Supreme Court case law and is contrary to Florida law.”
On Gudinas’s second claim that the conformity clause in Florida’s Constitution related to interpretation of the Eighth Amendment, the court determined that “[m]uch of the analysis and authority supporting summary denial of Claim 1 apply equally to Claim 2.”
On Gudinas’s third claim that the limitations on successive motions under Florida Rule of Criminal Procedure 3.851(d)(2) one a warrant is unconstitutional, the court determined that Gudinas “could have and should have raised this argument previously” and that it is otherwise barred by precedent.
The full Order can be downloaded here.
Are we surprised yet? Another so facile, meritless and full of yawning insouciance dismissal of life. AEDPA in full bloom. As a now retired capital case defense attorney, it never fails to resound in me how futile post-trial efforts are in death cases by reviewing courts. God help us all.