HUTCHINSON WARRANT: Attorneys claim insanity for execution
Jeffrey Hutchinson’s execution is set for May 1 at 6:00 p.m. New today: Hutchinson’s attorneys claim that he is insane for execution.
Jeffrey Hutchinson’s execution is set for May 1 at 6:00 p.m. New today: Hutchinson’s attorneys claim that he is insane for execution.
Background on Insanity for Execution
Florida Rule of Criminal Procedure 3.811 provides:
A person under sentence of death shall not be executed while insane to be executed.
Rule 3.811 and section 922.07, Florida Statutes (2024), provide a procedure for determining insanity to be executed. Per the Rule, no court can “entertain[]” a motion for stay of execution “based on grounds of the prisoner’s insanity to be executed . . . until such time as the Governor of Florida shall have held appropriate proceedings for determining the issue pursuant to the appropriate Florida Statutes.”
For a longer explanation on the Rule 3.811 procedure, see the prior TFDP post on this procedure here. The last time this procedure was invoked was in 2023 with the execution of Duane Owen, which TFDP covered.
Hutchinson’s Case
After Hutchinson’s attorneys submitted a letter to Gov. DeSantis, as required by section 922.07, Gov. DeSantis issued an Executive Order (EO) on April 17 temporarily staying Hutchinson’s execution and establishing a Commission to determine Hutchinson’s mental competency.
While the EO was issued on April 17, it was not posted on the Governor’s website until yesterday. The date of Hutchinson’s attorneys’ letter to the Governor is unclear; note that the EO was issued two days after the Governor signed the death warrant for Glen Rogers.
The Commission was comprised of Dr. Wade Meyers, Dr. Tonia Werner, and Dr. Emily Lazarou. Note this is the same Commission that the Governor appointed in Duane Owen’s case in 2023.
The EO set the Commission’s examination of Hutchinson for April 21 and directed the Commission to complete its report by close of business on April 22.
Yesterday, the Governor issued another EO indicating that the Commission completed its examination of Hutchinson and determined he is not insane for execution:
Therefore, the EO dissolved the temporary stay imposed by the prior EO and indicated the warrant and scheduled execution remained in effect.
While the EO was issued yesterday, it was not posted on the Governor’s website until either late yesterday or this morning.
The full EOs can be found on the Governor’s website here.
Hutchinson’s attorneys can now seek review of the Commission’s determination in the Bradford County circuit court, where Florida State Prison (where Florida conducts executions) is located.