TANZI WARRANT: Florida Supreme Court denies Tanzi's claims
Michael Tanzi’s execution is scheduled for April 8 at 6:00 p.m. This afternoon, the Florida Supreme Court denied his claims.
Michael Tanzi’s execution is scheduled for April 8 at 6:00 p.m. This afternoon, the Florida Supreme Court issued a unanimous decision denying his claims.
Appeal of Circuit Court’s Denial
On Tanzi’s appeal of the circuit court’s denial of his successive motion for postconviction relief.1
On Count I, Tanzi’s claim that the short warrant period violates his right to due process, the Court said “Tanzi has not shown how the warrant schedule denied him notice or an opportunity to be heard. Thus, the circuit court rightly denied his claim as it pertained to the compressed schedule.”
On Count II, Tanzi’s public records claim, the Court said “Tanzi has not shown that his requests are related to a colorable claim for postconviction relief, nor has he established good cause for failing to raise them until after the Governor signed the death warrant.”
On Count III, Tanzi’s lethal injection claim, the Court said the circuit court was correct that Tanzi cannot show, as required by the Eighth Amendment, that “the risk of pain associated with the State’s method is ‘substantial when compared to a known and available alternative.’ ”
On Count IV related to the Governor’s authority to sign death warrants, the Court said that it has “long recognized the Governor’s authority and discretion when signing death warrants.” Further, “Tanzi has made no new challenge to the statute, nor has Tanzi made any argument that the Governor has violated the requirements of section 922.052(2)(b), Florida Statutes (2024). The Governor has set Tanzi’s execution ‘within 180 days, at a time designated in the warrant’ as required by the statute.”
The Court denied relief on all claims.
News Articles About the Claims
Petition for Writ of Habeas Corpus
On Tanzi’s petition for writ of habeas corpus,2 the Court said “what Tanzi really raises are repackaged versions of his Apprendi, Ring, and Hurst arguments” and that “Erlinger provides no support for vacating” his sentence.
Therefore, the Court denied the petition.
Emergency All Writs Petition
On Tanzi’s emergency all writs petition seeking medical treatment, the Court determined that “Tanzi does not articulate a basis upon which acting on this emergency petition, which would otherwise be subject to dismissal for a failure to exhaust administrative remedies, is necessary as an aid to the Court in the complete exercise of its jurisdiction.”
Therefore, the Court denied the petition.
The full opinion can be downloaded from the Court’s website here.
TFDP Prior Coverage of the Tanzi Warrant
My thoughts are with everyone involved in the warrant- and execution-related process.
😌