WARRANT: Florida Supreme Court affirms denial of Ford's claims
James Ford's execution is scheduled for February 13. This afternoon, the Court affirmed the circuit court's denial of Ford's claims.
James Ford’s execution is scheduled for 6:00 p.m. on Thursday, February 13, 2025—the first for the State in 2025.
Ahead of his execution, Ford filed a two-count successive motion for postconviction relief in the circuit court. (More here.) After denying Ford’s request for an evidentiary hearing,1 the circuit court denied Ford’s motion. (More here.) Ford appealed to the Florida Supreme Court, raising three claims. (More on Ford’s arguments in his Initial Brief here.) He also filed a motion to stay the execution and send the case back to the circuit court, which the Court denied.
This afternoon, the Florida Supreme Court issued a decision affirming the circuit court’s denial of Ford’s claims.
Court Affirms Denial of Ford’s Claims
This afternoon, the Court issued a 22-page per curiam opinion affirming the circuit court’s ruling denying Ford’s claims.
On Ford’s first procedural claim, the Court said “Ford presents no authorities that support his argument . . . .” On his second claim based on Roper, the Court said the claim “is untimely and meritless” and, therefore, “summary denial was proper.”
Finally, on Ford’s third claim regarding the jury’s nonunanimous recommendation for death, the Court determined that, despite Ford’s reference to the U.S. Supreme Court’s decision in Erlinger v. United States, Ford’s claim “is a Hurst claim, as the allegation is that his sentences are contrary to Hurst, not Erlinger.”2 Further, the Court said Erlinger does not apply here and had “fundamental distinctions” from Ford’s case. As to Hurst, the Court said Ford’s claim is procedurally barred and without merit because Hurst does not apply retroactively to Ford’s case.
The Court’s decision was unanimous.
A full copy of the Order can be accessed on the Court’s docket here.
As of tonight, no petition for writ of certiorari has been docketed at the U.S. Supreme Court.
TFDP Prior Coverage of the Ford Warrant
My thoughts are with everyone involved in the warrant- and execution-related process.