Update on Senate Capital Sex Crime Bill; Warrant Litigation Update

Tune in at 8:30 a.m. tomorrow for the final committee hearing on the SB 1342. Also, an update on Louis Gaskin's and Darryl Barwick's warrant litigation.

Good morning. I hope everyone had a nice weekend (and enjoyed the day off from updates). There’s a lot going on this week: a hearing tomorrow morning on the Senate’s capital sex crime bill, Louis Gaskin’s execution scheduled for Wednesday at 6 p.m., and Darryl Barwick’s warrant litigation is picking up, as proceedings in the trial court must be completed by Thursday.

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Senate Capital Sex Crime Bill Goes to Final Committee Hearing

The Senate’s capital sex crime bill (SB1342) goes to its final committee stop tomorrow morning in the Senate Rules Committee. The hearing begins at 8:30 a.m. and can be accessed here. The original post on this legislation can be found here.

An amendment to the bill was filed late on Friday, which is similar to the amendment that was adopted to the House’s bill before it passed. Most significantly, the amendment makes clear that the sentence of death should be imposed despite caselaw saying otherwise—and then provides an alternative sentence if the law is overturned:

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Louis Gaskin’s Warrant Litigation

Louis Gaskin’s execution is scheduled for Wednesday at 6 p.m. The original post on Gaskin’s case can be found here.

Photo of Louis Gaskin on DOC’s website

Over the weekend, the State responded to Louis Gaskin’s claims at the U.S. Supreme Court as well as Gaskin’s motion for stay of execution.

Florida Court Review

covered Gaskin’s claims at the Florida Supreme Court here.

Here are Gaskin’s arguments at the U.S. Supreme Court in his petition for writ of certiorari:

In Argument III, Gaskin raises an issue related to Espinosa v. Florida based on one of the aggravating factors in his case.

Here are the state’s arguments in response:

The State’s Answer can be found here. Follow

Florida Court Review

for coverage on the litigation.

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Darryl Barwick’s Warrant Litigation

Darryl Barwick’s execution is scheduled for May 3, 2023. The post on Barwick’s case can be found here.

Photo of Darryl Barwick on DOC’s website

Scheduling Order

Here’s the text of the Florida Supreme Court’s scheduling order in Barwick’s case from the docket:

Trial Court Proceedings

Counsel and the trial court has already been busy in this case. There has been a lot of activity on the trial court docket related to Barwick’s requests for public records.

There were two status conferences last week. A status conference is scheduled this morning at 9:00 a.m., and an evidentiary hearing is scheduled for Wednesday at 9:00 a.m.

As of Sunday morning, a successive postconviction motion is not yet on the docket, which is common when a warrant is pending.

NOTE: It is rare that an evidentiary hearing actually occurs in warrant litigation. In Donald Dillbeck’s case (executed February 23, 2023), there was an evidentiary hearing scheduled, but the trial court canceled it after issuing her order before the hearing occurred:

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PS. If you didn’t see this article from Dan Sullivan with the Tampa Bay Times on Friday, it’s worth the read: How do Florida juries decide if someone deserves the death penalty?

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