Week of May 1, 2023
There are three capital cases on the Florida Supreme Court’s oral argument calendar, and the execution of Darryl Barwick is scheduled for Wednesday at 6:00 p.m. Also, sine die is Friday.
This week:
Updates related to the execution of Darryl Barwick
Oral arguments at the Supreme Court of Florida
A note about the capital sex crime legislation
Execution of Darryl Barwick
In a decision issued late Friday afternoon, the Florida Supreme Court denied Barwick’s claims seeking relief from his execution scheduled for Wednesday at 6:00 p.m. (More here.) Now Barwick’s final opportunity for relief is the U.S. Supreme Court.
It was a busy weekend for those involved in the warrant- and execution-related litigation.
Late Friday, Barwick, through his attorneys, filed a petition for writ of certiorari at the U.S. Supreme Court related to a claim filed in federal court about the clemency process. Here are the questions presented in the petition:
Barwick argues that the clemency process denied Barwick his constitutional right to due process.
Barwick also filed an Application for Stay of Execution at the U.S. Supreme Court in that case. The filing was docketed Saturday. The state filed its response to Barwick’s application for a stay on Saturday. (h/t to Robert Dunham andFlorida Court Review for posting the filings on Twitter this weekend.)
Sunday, the State filed its Brief in opposition to the petition. The State reframes the question presented as:
The State argues, in part, that there are minimal due process protections in the clemency process:
As of Sunday evening at 8:45 p.m. EST, a petition for writ of certiorari from the Florida Supreme Court’s decision Friday had not been docketed.
Barwick will have a religious advisor at the execution on Wednesday if it proceeds.
Oral Arguments at the Supreme Court of Florida
Statistics show that the Florida Supreme Court is granting oral argument less these days. Oral arguments for May are on two days this week—Tuesday and Wednesday. Of the five oral arguments on the Court’s calendar for the two days, three are capital cases. The arguments can be watched live here.
Loyd v. State
This argument is scheduled for 9:40 a.m. on Tuesday. Here’s the Court’s summary:
Loyd was convicted of the first-degree murder of Debra Clayton, who was shot to death in 2017 while on duty as a law enforcement officer. The jury unanimously recommended the death penalty, and the trial court sentenced him to death. This is his direct appeal.
Loyd’s case was a high profile case in Orlando. He was charged with killing law enforcement officer Debra Clayton while she was engaged in performing her legal duty and attempting to kill law enforcement office Joe Carter while he was engaged in performing his legal duty. Here’s an article about the background of his case.
After a jury trial in 2021, Loyd was convicted of all five charges, including first-degree murder, and sentenced to death. Here are a few news articles about the sentence:
This is Loyd’s direct appeal. Loyd raises thirteen claims for relief.
The docket for the case can be found here.
Davis, Jr. v. State
This argument is scheduled for 9:00 a.m. on Wednesday. Here’s the Court’s summary:
Davis was convicted of the first-degree murders of Yvonne Bustamante and Juanita Luciano, who were doused with gas and set on fire in 2007. The jury unanimously recommended the death penalty for both murders, and the trial court sentenced him to death. This Court upheld his death sentence on direct appeal. Davis filed a postconviction challenge in the trial court, raising several issues. His claims were denied, and this appeal followed. Davis has also filed a habeas corpus petition.
Davis, Jr. v. State
This argument is scheduled for 9:00 a.m. on Thursday. Here’s the Court’s summary:
Davis was convicted of the first-degree murders of Pravinkumar Patel and Dashrath Patel, who were fatally shot in 2007. Davis waived his right to a jury recommendation, and the trial court sentenced him to death for both murders. This Court upheld his death sentence on direct appeal. Davis filed a postconviction challenge in the trial court, raising several issues. His claims were denied, and this appeal followed. Davis has also filed a habeas corpus petition.
The last two arguments involve the same defendant but different crimes. The Court’s 2016 decision in Davis’s case explained the connection between the cases:1
Before we begin, we further explain that Davis is the appellant in two separate death penalty direct appeals. In the present case, SC13–1, Davis was convicted of two counts of first-degree murder, one count of attempted first-degree murder, and one count each of attempted armed robbery and possession of a firearm by a convicted felon. These convictions arose from the attempted armed robbery of a BP gas station and convenience store in Polk County, and Davis was sentenced to death for both of the murders.
. . . In [the other] case, Davis was convicted of three counts of first-degree murder, one count of attempted first-degree murder, and one count each of armed robbery and first-degree arson. The convictions arose from a series of events at the Headley Insurance Agency in Lake Wales. Davis was sentenced to death for two of the murders. The murders in the Headley case occurred within several days of the murders in this case. A limited scope of evidence from the Headley trial was introduced during the guilt phase of the BP trial, and the entire Headley record was admitted for purposes of the penalty phase.
The Davis cases were originally scheduled for oral argument in March but were continued.
Capital Sex Crime Legislation
Finally, it is almost certain that Governor DeSantis will receive the capital sex crime legislation this week. (More here.) It has to be sent to him before the Legislature adjourns Friday.
Our thoughts are with everyone involved in the execution process.
Davis v. State, 207 So. 3d 177 (Fla. 2016).
Pardon my ignorance, but what is sine die?