WARRANT: Circuit court denies James' claims
Yesterday, the circuit court entered written orders denying James' pending motions, including his request for postconviction relief.
Last week, Gov. DeSantis signed a warrant for Edward James’ execution,1 which is scheduled for 6:00 p.m. on March 20. If completed, it will be the second execution in the State this year.
On Sunday, James filed (a) a successive motion for postconviction relief, (b) a motion for stay of execution and for leave to amend his successive motion for postconviction relief, and (c) a motion for MRI, CT Scan, PET or SPECT Scan and EEG. More here.
Yesterday afternoon, the circuit court entered written orders denying James’ motions. They were made available on the docket this morning.
Order Denying Postconviction Relief
In a fourteen-page Order, the circuit court denied James’ successive motion for postconviction relief.
On James’ first claim—that the circumstances of his thirty years on death row amount to “cruel and unusual punishment” under the Eighth Amendment—the court found that the claim is untimely, writing: “Clearly, Defendant’s condition has been known, evaluated, and reported for many years, and nearly three decades have passed since his conviction and sentence became final in 1997. And, defense counsel stated at the Huff hearing that Claim 1 was not being presented as a newly discovered evidence claim, so that exception to the time limitation in Rule 3.851 has no application here.” Further, the court determined that the claim is procedurally barred because James previously raised similar claims in postconviction litigation that were denied. Finally, the court determined that the claim “lacks merit” because “[t]he Florida Supreme Court has repeatedly rejected similar claims regarding a defendant’s lengthy stay on death row and delay between the conviction and death warrant.”
On James’ second claim—”that his execution would violate the Eighth and Fourteenth Amendments based on the results of his 2023 brain scans that were not previously available to him—the court determined that the claim is untimely because the scans were performed in 2023. The court says “[i]t is unclear why counsel did not actually receive the results until two years later.” Note that James argued his counsel tried diligently to access the records, and they were not provided until recently. If that is true, then James is being punished for the State’s delay in providing the records.
The court further determined that the “CT scan results do not constitute newly discovered evidence” because James’ “cognitive decline and mental deterioration existed for many years, was well-known, evaluated, and reported,” and he and his counsel “could have pursued this claim years before his death warrant was signed.” Finally, the court determined that even if the claim was reviewed on the merits, James “cannot establish that such evidence would likely yield a less severe sentence at a new penalty phase.”
On James’ third claim—an Eighth Amendment claim based on the jury’s nonunanimous recommendation for death—the court determined the claim is untimely because James “has clearly known about the jury’s nonunanimous recommendation since his 1995 penalty phase.” The court further determined the claim is procedurally barred because James previously raised a similar claim that was denied. Finally, the court determined “the claim lacks merit based upon Florida Supreme Court merit.”
A full copy of the Order can be downloaded here.
James’ notice of appeal is due March 3 at 9:00 a.m.
Order Denying Neuroimaging
In a three-page Order, the circuit court denied James’ request for additional neuroimaging. The substance of the court’s ruling is in the following paragraph:
A full copy of the Order can be downloaded here.
Order Denying Stay
In a three-page Order, the circuit court denied James’ request for a stay of execution. The substance of the court’s ruling is in the following paragraph:
A full copy of the Order can be downloaded here.
TFDP Prior Coverage of the James Warrant
My thoughts are with everyone involved in the warrant- and execution-related process.