HUTCHINSON WARRANT: Florida Supreme Court denies first-filed appeal
Jeffrey Hutchinson's execution is scheduled May 1. Here’s the latest on the warrant-related litigation, including the Court's ruling this morning on Hutchinson's first-filed appeal.
Jeffrey Hutchinson’s execution is scheduled for May 1 at 6:00 p.m. (More here.) Here’s the latest on the litigation pending ahead of the scheduled execution, including the Court’s ruling this morning on Hutchinson’s first-filed appeal.
Hutchinson’s Appeal Related to 3rd Successive Postconviction Motion
The briefing on Hutchinson’s appeal of the circuit court’s denial of this third successive postconviction motion (filed in January, more on the motion here) is fully briefed. The timing of the Court’s decision is unclear.
On Monday, Hutchinson filed a motion for stay of execution. On Thursday, the State filed its response to the motion.
This morning, the Court issued a 10-page Order (unanimous) denying Hutchinson’s appeal. This is a bit out of the ordinary, as the Court usually issues an opinion. The Order says that the circuit “the court correctly determined that the motion and the Jones claim raised in it were untimely.” The Court added:
As for the diagnoses or conditions on which Hutchinson relies, we acknowledge that the scientific understanding of Gulf War Illness has evolved over time. However, the illness was a well-known diagnosable condition at the time of Hutchinson’s trial. Indeed, even at that time, experts recognized that the illness encompassed mental-health and cognitive effects.
Additionally, traumatic brain damage, neurocognitive impairment, and PTSD, regardless of their specific causation, are not new diagnosable conditions either.
The Court further determined that Hutchinson’s claims failed on the merits.
All of the filings for this case can be found on the Court’s docket (No. SC2025-0497) here.
Hutchinson’s Appeal Related to 4th Successive Postconviction Motion
The briefing on Hutchinson’s appeal of the circuit court’s denial of this fourth successive postconviction motion (filed after the warrant, more on the motion here) is ongoing. Hutchinson’s reply is due this morning at 10:30 a.m., after which briefing will be completed.
On Thursday, the State filed its Answer Brief in response to Hutchinson’s Initial Brief. On Friday, the State filed its response to Hutchinson’s motion to stay the execution.
All of the filings for this case can be found on the Court’s docket (No. SC2025-0517) here.
Federal Litigation
On Wednesday, the U.S. District Court for the Northern District of Florida denied Hutchinson’s Rule 60(b) motion.
Petition for Writ of Habeas Corpus
On Wednesday, the State filed its response to Hutchinson’s petition for writ of habeas corpus. On Thursday, the State filed its response to Hutchinson’s motion for stay of execution. Hutchinson’s reply is due this morning at 9:00 a.m. but is not yet on the docket.
All of the filings for this case can be found on the Court’s docket (No. SC 2025-0518) here.
TFDP Prior Coverage of the Hutchinson Warrant
My thoughts are with everyone involved in the warrant- and execution-related process.