WAINWRIGHT WARRANT: Postconviction motion denied and appeal filed
Anthony Wainwright’s execution is scheduled for June 10 at 6:00 p.m. Today, the circuit court denied his successive postconviction motion, and Wainwright appealed.
Anthony Wainwright’s execution is scheduled for June 10 at 6:00 p.m. Today, the circuit court entered an Order denying Wainwright’s successive motion for postconviction relief ahead of the scheduled execution. Later this afternoon, Wainwright filed an appeal of the Order with the Florida Supreme Court. He also filed a petition for writ of habeas corpus.
Postconviction Court’s Order
Just before noon today, the circuit court issued a 19-page Order summarily denying Wainwright’s successive postconviction motion. On Wainwright’s first claim under the Sixth Amendment related to Erlinger v. United States, the circuit court found the claim is procedurally barred, untimely, and fails on the merits. The court determined this is just a “repackaged version” of Wainwright’s previously raised Sixth Amendment claims.
Second, on Wainwright’s claim of newly discovered evidence that renders his execution unconstitutional, the court determined the claim is procedurally barred because Wainwright previously raised a similar claim related to his cognitive deficits in 2009. On the merits, the court determined that new indication of the cause of Wainwright’s conditions is not newly discovered evidence to warrant relief.
Third, Wainwright claimed a newly discovered evidence claim related to a Brady violation. He claimed that, “at trial, the State called a jailhouse informant . . . who testified about incriminating statements” Wainwright made. Wainwright argues that Murphy “repeatedly denied having any hope or desire to obtain a lesser sentence by testifying . . . .” But on May 13, after the warrant was signed, Murphy “executed an affidavit” stating that he asked for a benefit after he learned that another information received a benefit for testifying and his attorney assured him he would get a benefit for testifying. The court determined this is not newly discovered evidence because “[i]t is a matter of public record that Murphy’s prison sentence was modified to probation soon after his testimony.” Further, the court determined that Wainwright “cannot establish that the State committed a Brady violation.”
The full Order can be accessed on the Florida Supreme Court’s docket here.
Appeal
This afternoon, Wainwright filed his Notice of Appeal of the circuit court’s Order. His initial brief is due by 3:00 p.m., Friday, May 23, 2025. The State’s answer brief is due by 10:00 a.m., Tuesday, May 27, 2025. Wainwright’s reply brief is due by 10:00 a.m., Wednesday, May 28, 2025.
The filings for this case can be found on the Court’s docket here.
Habeas Petition
Also this afternoon, Wainwright filed a petition for writ of habeas corpus at the Florida Supreme Court. In the petition, Wainwright raises the following claim:
Under this claim, Wainwright raises several subclaims of error throughout the litigation of his case:
The State’s response is due Tuesday, May 27, at 10:00 a.m. Wainwright’s reply is due Wednesday, May 28, at 10:00 a.m.
The filings in this case can be found on the docket here.
TFDP Prior Coverage of the Wainwright Warrant
My thoughts are with everyone involved in the warrant- and execution-related process.