HUTCHINSON WARRANT: Litigation Update
Jeffrey Hutchinson's execution is scheduled May 1. Here’s the latest on the litigation pending ahead of the scheduled execution.
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. Spoiler: There’s a lot.
Hutchinson’s Third Successive Postconviction Motion
In January 2025, Hutchinson filed a successive motion for postconviction relief “based on two claims of newly discovered evidence.” First, Hutchinson claimed “that he suffers from a mild neurocognitive disorder from a blast-related traumatic brain injury (‘TBI’) and avers that this new diagnosis would have significantly impacted the successfulness of the voluntary intoxication defense presented at trial.” Second, Hutchinson claimed “that he suffers from Gulf War Illness (‘GWI’).”
Just before the warrant, at a case management conference on March 6, the trial court said it needed weeks to review the motion.
Order Denying Motion
On April 1 after the warrant was signed, the case was reassigned to a different judge.
On Friday, April 4, the circuit court entered an Order denying Hutchinson’s motion. On the first claim, the Court determined Hutchinson failed to show that the evidence “could not have been ascertained long ago by the exercise of due diligence.” On the second claim, the Court determined the claim is untimely because Hutchinson “could have become aware of the new evidence, through the exercise of due diligence.”
The full Order can be downloaded here.
Motion for Rehearing & Appeal
On Saturday, April 5, Hutchinson filed a motion for rehearing and reconsideration of the Court’s Order. The motion asked the Court to vacate its Order and hold an evidentiary hearing on Hutchinson’s claims. On Tuesday, April 8, the circuit court denied the motion for rehearing. After the motion for rehearing was denied, Hutchinson filed a Notice of Appeal.
On Wednesday, April 9, the Supreme Court issued an Order setting forth the following scheduling for the briefing in the appeal:
April 10 at 11:00 a.m.: record on appeal due
April 10: initial brief
April 11: answer brief
April 14: reply brief
Per the schedule, Hutchinson filed his Initial Brief on Thursday. The Brief raises two issues:
On Friday, the State filed its Answer Brief.
All of the filings can be found on the Court’s docket here.
Fourth Successive Postconviction Motion
On Monday, April 7, Hutchinson filed his fourth successive postconviction motion after the death warrant was signed. The motion raised four claims: (1) the timing and specific litigation context of the death warrant violates state and federal due process; (2) Hutchinson’s execution would be so arbitrary as to violate the Fifth, Eighth, and Fourteenth Amendments and corresponding provisions of the Florida Constitution; (3) executing Hutchinson after almost 24 years on death row in near total solitary confinement while suffering from combat-related injuries violates the Eighth and Fourteenth Amendments; and (4) Hutchinson has a constitutional right to have access to the courts if his execution proceeds.
The State responded on April 8. On April 9, after a case management conference, the circuit court denied Hutchinson’s request for an evidentiary hearing on his claims.
Yesterday, April 11, the circuit court entered an Order denying the motion. On the third claim, the circuit court wrote that Hutchinson’s “veteran status and his other circumstances [do not] provide a sufficient basis” to depart from precedent on this issue directing that the claim is without merit.
A full copy of the Order can be downloaded here.
Per the Florida Supreme Court’s scheduling order (available here), Hutchinson’s Notice of Appeal on this Order is due Monday at 11:00 a.m.
Federal Litigation
On Friday, Hutchinson filed a Motion for Relief from Judgment Under Rule 60(b) and Emergency Motion for Stay of Execution in the U.S. District Court for the Northern District of Florida (federal court). In the Motion, Hutchinson “move[d] for relief from the [Court’s prior] judgment and reopening of the equitable tolling issue so that an evidentiary hearing may be held [on new information related to his brain damage and mental health].”
TFDP Prior Coverage of the Hutchinson Warrant
My thoughts are with everyone involved in the warrant- and execution-related process.
Anyone who served our country and received
badges should never be put in Gainesville death camp.
Men and women who served should be healed, not
exterminated! Far too many came home with afflictions,
diseases, mental issues, that should have been addressed.
They should not be put in isolation inside a cage but treated
with respect and dignity. What happened to “leave none
behind?” I am opposed to the execution of Jeffrey Hutchinson.
I have a world of respect for governor DeSantis. I really like a lot of the good things he's done for our state and continues to do. That said, I am truly saddened by the idea he feels it necessary to sign death warrants. Something tells me that he's not entirely comfortable with killing inmates that are presently on death row. This could all be resolved by giving everyone in that Arena life without parole, allowing each person to make a contribution rather than being a burden.