ROGERS WARRANT: Florida Supreme Court denies relief

Glen Rogers’ execution is set for May 15 at 6:00 p.m. Today, the Florida Supreme Court denied Rogers' pending appeal.

Glen Rogers’ execution is set for May 15 at 6:00 p.m. Today, the Florida Supreme Court denied Rogers' pending appeal.

The Court issued a 25-page per curiam decision denying Rogers’ claims and also denying Rogers’ motion for stay of execution and request for oral argument.

First, on Rogers’ claim related to a conflict with his attorneys, the Court determined the claim was procedurally barred and noted it is “leery that [Rogers’ counsel’s] motion to withdraw is a delay tactic.” Further, the Court determined that the claim is without merit because there is no conflict based on pending federal litigation related to counsel’s representation of Rogers.

NOTE: A footnote on this claim indicated that Rogers filed a related claim in the U.S. District Court for the Middle District of Florida court on May 2. On May 6, the federal court deferred ruling, determining the motion was premature. Now that the Court has denied this claim, the federal litigation is likely to proceed.

Second, on Rogers’ claim of newly discovered evidence of his history of childhood sexual abuse related to recent legislation, the Court determined Rogers’ claim is procedurally barred and without merit. The Court reiterated that “newly enacted legislation [does] not constitute ‘newly discovered evidence.’”

Finally, on Rogers’ claim related to Florida’s lethal injection protocol, the Court clarified that it does not hold that “method-of-execution challenge[s] only bec[o]me ripe when a death warrant [is] signed,” indicating that a death row prisoner can raise a method-of-execution challenge at any time. On this ground, the Court determined Rogers’ claim is untimely.

Further, the Court determined the claim is meritless, reasoning that Rogers’ claim that the lethal injection protocol will cause him pain is speculative.

The decision was unanimous. The Florida Supreme Court filings can be found on the docket here.

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TFDP Prior Coverage of the Rogers Warrant

• Warrant signed

• Circuit court scheduling order

• Postconviction motion & State’s response

• Circle court denial

• Appeal at Florida Supreme Court

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My thoughts are with everyone involved in the warrant- and execution-related process.