Florida/Georgia Personal Injury & Workers Compensation

...A full discussion of the facts of Downs’ underlying conviction can be found in Downs v. State, 572 So. 2d 895 (Fla. 1990) (Barkett, J.). 3  CCRC operates from several independent regional offices, see Fla. Stat. § 27.702(1); Downs’ attorneys worked in the Northern Office (CCRC-N)....

...The Court noted defendants have no constitutional right to postconviction counsel, and therefore no means of imputing their counsel’s errors 6 As an indigent capital defendant, Downs was entitled to postconviction counsel under federal and state law. See 18 U.S.C. § 3599(a)(2); Fla. Stat. § 27.702(1)....

...ida.html; see also Fla. Stat. § 27.701. Each CCRC office is responsible for representing persons convicted and sentenced to death by state courts, within their respective regions, in collateral proceedings in state and federal court. See Fla. Stat. § 27.702(1)–(2)....

...e may be commenced in a timely manner and so as to assure the people of this state that the judgments of its courts may be regarded with the finality to which they are entitled in the interests of justice. § 27.7001, Fla. Stat. (1991). To that end, section 27.702, Florida Statutes (1991), sets out the duty of CCR to represent indigent death row inmates....

...usively establishes the aggravator."). Accordingly, we conclude that Diaz is not entitled to habeas relief on this claim. ALL WRITS PETITION Diaz has also filed a petition under the Court's constitutional all writs authority, in which he claims that section 27.702, Florida Statute (2006), is unconstitutional both facially and as applied in his case. We find no merit to this claim. Section 27.702 specifies the duties of Capital Collateral Regional Counsel in representing individuals convicted and sentenced to death in Florida in "collateral actions challenging the legality of the judgment and sentence imposed." Id. § 27.702(1)....

...However, Diaz did not utilize this avenue that was available to him. Thus, it was due to his own lack of diligence that he missed the opportunity to challenge execution by lethal injection in a federal habeas action. Accordingly, we find no violation of Diaz's due process rights and no basis for striking down section 27.702 as unconstitutional....

...Although the State has prevailed in that action, we find that we should address the issue raised in this cause because it is of great public importance and likely to recur. [2] Critical to the issue before us is the construction and interpretation of the authority granted to CCRC under section 27.702, Florida Statutes (1997)....

...collateral actions challenging the legality of the judgment and sentence imposed against such person in the state courts, federal courts in this state, the United States Court of Appeals for the Eleventh Circuit, and the United States Supreme Court. § 27.702(1)(emphasis added)....

...apter 940, or civil litigation," § 27.7001 (emphasis added); and (2) providing that such representation shall be "for the sole purpose of instituting and prosecuting collateral actions challenging the legality of the judgment and sentence imposed." § 27.702(1)(emphasis added)....

...Most recently, on October 22, 2007, Ventura filed his current successive motion for postconviction relief, which he claims is based upon "newly discovered evidence." In this motion, Ventura: (1) assails the constitutionality of lethal injection as currently administered in Florida; (2) asserts that section 27.702, Florida Statutes (2007), as interpreted by this Court, is unconstitutional facially and as applied because it prohibits CCRC from filing mode-of-execution challenges under 42 U.S.C....

...State, 992 So.2d 218, 222-23 (Fla.2008)); Rolling v. State, 944 So.2d 176, 181 (Fla.2006) (citing Rutherford v. State, 940 So.2d 1112, 1117, 1118 (Fla.2006)). [3] This Court has already addressed and rejected similar claims with regard to sections 27.702 and 945.10, Florida Statutes (2007)....

...Prior to the signing of the death warrant, on October 18, 2007, Henyard had filed a motion to vacate sentence in the trial court. Henyard's motion raised four claims: (1) newly discovered evidence proves Florida's method of lethal injection violates the Eighth Amendment, (2) section 27.702, Florida Statutes is unconstitutional, (3) section 945.10, Florida Statutes is unconstitutional, (4) Florida's death penalty scheme is unreliable and violates the Eighth Amendment based on a September 17, 2006, report of the American Bar Association....

...eath sentence unreliable. We agree with the trial court that Henyard has been unable to demonstrate prejudice, even if the claim is not procedurally barred and the proffered new evidence were admissible at trial. We next address Henyard's claim that section 27.702, Florida Statutes, is unconstitutional as construed in our decision in Diaz v....

...895, 169 L.Ed.2d 747 (2008); Diaz, 945 So.2d at 1145-46 (this Court affirmed sentence where claim of newly discovered evidence was affidavit of a trial witness who stated he had not heard Diaz *128 say he shot the victim as he testified at trial, but had inferred it from his hand motions). Section 27.702, Florida Statutes Henyard next argues that section 27.702, Florida Statutes, as interpreted in State ex rel....

...Kenny, 714 So.2d 404 (Fla.1998), unconstitutionally limits a capital defendant's right to counsel. [5] We find there is no basis to challenge our opinion in Diaz, rejecting a similar claim. In Diaz, the condemned prisoner filed a petition under the Court's all writs authority claiming that section 27.702 was facially unconstitutional because this Court had held that Capital Collateral Regional Counsel (CCRC) attorneys cannot file section 1983 civil rights damages actions in federal court....

...Because we address this claim as part of Henyard's appeal, we decline to exercise our all writs jurisdiction and deny the petition. [6] Alternatively, Henyard argues that this Court's decision in State v. Kilgore, 976 So.2d 1066 (Fla.2007), petition for cert. filed, No. 07-11177 (U.S. May 28, 2008), requires a re-reading of section 27.702 to allow CCRC to file federal petitions under section 1983....

...for the purpose of instituting and prosecuting collateral actions challenging the legality of the judgment and sentence imposed against such person in the state courts, federal courts in this state, the United States Court of Appeals for the Eleventh Circuit, and the United States Supreme Court. Fla.Stat.Ann. Sec. 27.702 (West Supp.1987) (emphasis added)....

...CCR is thus clearly restricted by statute to representing capital offenders in collateral proceedings. Moreover, CCR could not have begun Davis's representation until after the United States Supreme Court denied certiorari on Davis's direct appeal. See Fla.Stat.Ann. Sec. 27.702 (West Supp.1987) ("Representation by the capital collateral representative shall commence upon termination of direct appellate proceedings in state or federal courts....") (emphasis added)....

...ernor has signed death warrants. For the reasons expressed below, we deny relief. Florida's capital collateral representative (CCR) is required by statute to represent indigent death-sentenced inmates whose direct appeal proceedings have terminated. Section 27.702, Florida Statutes (1987), sets forth the duties of the capital collateral representative and, in pertinent part, states: The capital collateral representative shall represent, without additional compensation, *72 any person convicted a...

...The state responds that this Court does not have jurisdiction to provide the requested relief until a postconviction claim is filed in the trial court and the trial court has had an opportunity to entertain the issue of whether a stay is necessary. We recognize that, under section 27.702, each defendant under sentence of death is entitled, as a statutory right, to effective legal representation by the capital collateral representative in all collateral relief proceedings....

...olan Darling (a/k/a Sean Smith) filed pursuant to Florida Rule of Criminal Procedure 3.851. Through this motion, Darling challenges the constitutionality of lethal injection as administered in Florida and the constitutionality of sections 945.10 and 27.702, Florida Statutes *446 (2007)....

...tion relief under Florida Rule of Criminal Procedure 3.851, which he claims is based on "newly discovered evidence." In this motion, Darling (1) assails the constitutionality of lethal injection as currently administered in Florida; (2) asserts that section 27.702, Florida Statutes (2007), as interpreted by this Court, is unconstitutional facially and as applied because it prohibits CCRC from filing lethal-injection challenges under 42 U.S.C....

...The trial court denied Darling's amended motion to vacate sentence, and Darling subsequently appealed that decision to this Court. In June 2009, Darling filed a petition to invoke our all writs jurisdiction, challenging this Court's *447 interpretation of section 27.702, Florida Statutes (2007)....

...re to assert it in prior postconviction proceedings. Moreover, this Court has consistently rejected similar claims on the merits. See Ventura, 2 So.3d at 197 n. 3 ("This Court has already addressed and rejected similar claims with regard to sections 27.702 and 945.10, Florida Statutes (2007)."); Henyard, 992 So.2d at 130 ("[Appellant] alleges section 945.10, Florida Statutes, which exempts the disclosure of the identity of an executioner from public records, is unconstitutional....

...cution, which, contrary to the view of the dissent, is an integral part of the judgment and sentence. We begin our analysis with an overview of the comprehensive state and federal statutory schemes governing the representation of capital defendants. Section 27.702, Florida Statutes provides: (1) The capital collateral regional counsel shall represent each person convicted and sentenced to death in this state for the sole purpose of instituting and prosecuting collateral actions challenging the l...

...The two schemes are structured to work seamlessly together, designed and intended to ensure that capital defendants will not be required to attempt to navigate the extremely intricate and complex capital appeals process without counsel as they face the ultimate penalty. This principle is illustrated in section 27.702(3)(a), Florida Statutes: (3)(a) The capital collateral regional counsel shall file motions seeking compensation for representation and reimbursement for expenses pursuant to 18 U.S.C....

...r [42 U.S.C. § 1983]." Hill v. McDonough, 547 U.S. 573, 579, 126 S.Ct. 2096, 165 L.Ed.2d 44 (2006) (citation omitted). Technically, both of these mechanisms are civil in nature. See State ex rel. Butterworth v. Kenny, 714 So.2d 404, 409 (Fla.1998). Section 27.702(1), Florida Statutes, provides, in relevant part, that CCRC and registry attorneys "shall file only those postconviction or collateral actions authorized by statute." Section 27.7001, Florida Statutes, provides that such "collateral re...

...See Diaz, 945 So.2d at 1154 ("Diaz did have an alternative avenue for challenging the lethal injection procedure in federal court [a federal habeas petition], but did not utilize it."). This view was clearly articulated in Justice Lewis's dissenting opinion in Cox v. State, 5 So.3d 659 (Fla.2009): In relevant part, section 27.702(1), Florida Statutes (2008), provides that CCRC and registry counsel "shall file only those postconviction or collateral actions authorized by statute." In turn, section 27.7001, Florida Statutes (2008), provides that such "collateral...

...This limitation does not apply to section 1983 actions. Under these circumstances, the rule and rationale expressed in State ex rel. Butterworth v. Kenny, 714 So.2d 404 (Fla.1998), are founded upon an untenable legal fiction. In that decision, we held that sections 27.7001 and 27.702, Florida Statutes (1997), prohibit CCRC from representing capital inmates during section 1983 actions, but not habeas proceedings....

...government to compensate attorneys who represent capital defendants in federal court. Therefore, section 1983 actions seeking injunctive relief with regard to method-of-execution challenges will not be pursued at the expense of the State of Florida. Section 27.702(3)(a), Florida Statutes, in fact requires CCRC attorneys to "file motions seeking compensation for representation and reimbursement for expenses pursuant to 18 U.S.C....

...In reaching its conclusion regarding the scope of CCRC representation, the majority rejects our well-reasoned precedent in State ex rel. Butterworth v. Kenny, 714 So.2d 404 (Fla.1998)—precedent which is solidly grounded in the text of sections 27.7001 and 27.702(1), Florida Statutes (2007). Section 27.7001 sets forth the legislative intent to provide "collateral representation" for "collateral legal proceedings to challenge any Florida capital conviction and sentence." Section 27.702(1) provides that CCRC representation is "for the sole purpose of instituting and prosecuting collateral actions challenging the legality of the judgment and sentence imposed" on persons under death sentences....

...gation other than for the purpose of instituting and prosecuting the traditional collateral actions challenging the legality of the judgment and sentence imposed. " 714 So.2d at 410 (emphasis added). This conclusion rests on the express provision of section 27.702(1) authorizing CCRC to participate in "collateral actions" "for the sole purpose of ......

...Nothing in Kenny suggests that CCRC could properly participate in all legal proceedings that could broadly be considered "collateral" to a death sentence. Kenny recognizes that such a broad reading of the scope afforded CCRC cannot be reconciled with the plain meaning of section 27.702(1)'s provision that CCRC representation of its clients is "for the sole purpose of instituting and prosecuting collateral actions challenging the legality of the judgment and sentence imposed against such person[s]." (Emphasis added.)...

...e United States Supreme Court's holding in Hill v. McDonough, 547 U.S. 573, 126 S.Ct. 2096, 165 L.Ed.2d 44 (2006). But the discussion in Diaz on that question was quite beside the point on the issue actually raised in Diaz —the constitutionality of section 27.702's limitation on CCRC representation....

...Under the doctrine of the separation of powers, this Court is obligated to take the text of statutes seriously. We should not impose an interpretation on a statute that cannot be reconciled with the statutory text. But here the interpretation of sections 27.702(1) and 27.7001 adopted by the majority is at odds with the clear meaning of the statutory text....

...ter 940, or civil litigation, " § 27.7001 (emphasis added); and (2) providing that such representation shall be "for the sole purpose of instituting and prosecuting collateral actions challenging the legality of the judgment and sentence imposed. " § 27.702(1) (emphasis added)....

...ed December 22. On the same day, the trial judge entered an order denying Glock's indigency without any justification. Glock had consistently been declared indigent throughout this cause, and the Capital Collateral Representative, in accordance with section 27.702, Florida Statutes (1987), certified Glock's indigency....

...(13) failing to object to lay witness testimony concerning the condition of clothing on the day of the homicides; and (14) failing to properly present certain issues to the jury and failing to preserve those issues for appeal. He also asserted (15) Section 27.702, Florida Statutes (2004), which mandates the duties of capital collateral regional counsel, is unconstitutional; (16) Florida Rule of Criminal Procedure 3.575 and Rule Regulating the Florida Bar 4-3.5(d)(4), which prohibited trial coun...

...(3) trial counsel was ineffective for failing to properly argue the applicability of the statutory age mitigator; (4) Florida’s lethal injection protocols are unconstitutional; (5) section 945.10, Florida Statutes (2008), is unconstitutional; (6) section 27.702, Florida Statutes (2008), is unconstitutional; (7) rule 4-3.5(d)(4) of the Rules Regulating the Florida Bar is unconstitutional; (8) Florida’s jury instructions violate Caldwell v....

...ations in original) (quoting Provenzano, 761 So.2d at 1099 ). In light of our repeated rejection of challenges of this nature, the lower court did not err in denying an evidentiary hearing on this issue. Accordingly, we deny relief on this claim. 6. Section 27.702 Troy next asserts that section 27.702, Florida Statutes, as interpreted by this Court, is unconstitutional facially and as applied because it precludes Capital Collateral Regional Counsel (“CCRC”) from filing an action in federal court pursuant to 42 U.S.C. § 1983 to challenge Florida’s lethal injection procedures and lethal injection as a mode of execution. We have previously interpreted sections 27.7001 and 27.702, Florida Statutes (2008), to prohibit CCRC from representing capital defendants in section 1983 mode-of-execution challenges....

...However, where the allegations of individual error are procedurally barred or meritless, a claim of cumulative error also fails. See Israel, 985 So.2d at 520 (citing Parker v. State, 904 So.2d 370, 380 (Fla.2005)). Here, with the exception of Troy’s challenge to section 27.702, Florida Statutes, the alleged errors he raises are either procedurally barred, meritless, or do not meet the Strickland standard for ineffective assistance of counsel....

...appoint counsel for indigent death row inmates seeking state postconviction relief. Murray v. Giarratano, 492 U.S. 1, 109 S.Ct. 2765, 106 L.Ed.2d 1 (1989). Nevertheless, the State of Florida has provided for a Capital Collateral Representative under section 27.702, Florida Statutes (1993), to ensure that death row inmates have representation in post conviction relief proceedings. Section 27.702(1) provides: The capital collateral representative shall represent, without additional compensation, any person convicted and sentenced to death in this state who is without counsel and who is unable to secure counsel due to his indige...

...First, section 924.051(9), Florida Statutes (2005), provides: "Funds, resources, or employees of this state or its political subdivisions may not be used, directly or indirectly, in appellate or collateral proceedings unless the use is constitutionally or statutorily mandated." In addition, section 27.702(2), Florida Statutes (2005), provides: "The capital collateral regional counsel shall represent persons convicted and sentenced to death within the region in collateral postconviction proceedings, unless a court appoints or permits oth...

...titutionally entitled to representation at trial and on direct appeal and is statutorily entitled to counsel in all collateral relief proceedings when under a sentence of death. See Spalding v. Dugger, 526 So.2d 71, 72 (Fla.1988)(holding that "under section 27.702, each defendant under sentence of death is entitled, as a statutory right, to effective legal representation by the capital collateral representative in all collateral relief proceedings")....

...In this case, the duties and functions of the Defendants are analogous to those of public defenders. An analysis of the Florida Statutes clearly reflects the functional similarities between the Capital Collateral Representative and a public defender. Pursuant to Fla.Stat. § 27.702, the Capital Collateral Representative and his or her assistants represent persons convicted and sentenced to death in Florida who are without counsel and who are not able to secure counsel due to their indigency....

...his case. In Florida, there are Capital Collateral Regional Counsel and a statewide system of Registry attorneys in private practice who may be appointed to represent persons convicted and sentenced to death in postconviction collateral proceedings. § 27.702(1), Fla....

..." Id. In Florida, there are Capital Collateral Regional Counsel and a statewide system of Registry attorneys in private practice who may be appointed to represent persons convicted and sentenced to death in postconviction collateral proceedings. See § 27.702(1), Fla....

...We have for review a decision of a district court of appeal on the following question, which the district court certified to be of great public importance: ARE COUNSEL APPOINTED TO PROVIDE COLLATERAL REPRESENTATION TO DEFENDANTS SENTENCED TO DEATH, PURSUANT TO SECTION 27.702, AUTHORIZED TO BRING PROCEEDINGS TO ATTACK THE VALIDITY OF A PRIOR FIRST-DEGREE MURDER CONVICTION THAT WAS USED AS A PRIMARY AGGRAVATOR IN THE DEATH SENTENCING PHASE? Kilgore v....

...o a proceeding in certiorari. Id. The Second District [3] granted the writ of *1068 certiorari and quashed the trial court's order, but certified the foregoing question of great public importance. Id. at 1193, 1197. The Second District observed that section 27.702, Florida Statutes, is not clear on the extent of CCRC's representation "under the unique circumstances of this case," id....

...tigation. § 27.7001, Fla. Stat. (2002) (emphasis added). This provision makes apparent the legislative intent to limit counsel's role to capital postconviction proceedings. Other provisions within chapter 27 specifically address CCRC. For instance, section 27.702(1), Florida Statutes, provides in pertinent part: The capital collateral regional counsel shall represent each person convicted and sentenced to death in this state for the sole purpose of instituting and prosecuting collateral actions challenging the legality of the judgment and sentence imposed against such person in the state courts, federal courts in this state, the United States Court of Appeals for the Eleventh Circuit, and the United States Supreme Court. § 27.702(1), Fla. Stat. (2002). This provision further evidences legislative intent that counsel be confined to capital postconviction proceedings. Similarly, section 27.702(2) requires CCRC to represent persons convicted and sentenced to death within the region in collateral postconviction proceedings, unless a court appoints or permits other counsel to appear as counsel of record. § 27.702(2), Fla....

...nce. Moreover, when the statutes governing CCRC are read in conjunction with statutes governing registry counsel, the narrow scope of representation authorized by the statutory scheme becomes even more apparent. See § 27.711(11), Fla. Stat. (2002). Section 27.702(1) further appears to contemplate narrow authorization for CCRC by stating that CCRC shall represent death-sentenced individuals "for the sole purpose of instituting and prosecuting collateral actions challenging the legality of the judgment and sentence imposed against such person." § 27.702(1), Fla....

...27.701, Florida Statutes *1183 (2008). The Capital Collateral Regional Counsel has the sole purpose of instituting and prosecuting collateral actions challenging the legality of the judgment and sentence imposed against persons in capital cases. See § 27.702, Fla....

...Dugger, 526 So.2d 71 (Fla.1988); Zambuto v. Palm Beach County, 804 So.2d 355 (Fla. 4th DCA 2001). The Florida Legislature has created a statutory right to counsel in such cases, but it applies only to defendants who have been sentenced to death. See § 27.702, Fla.Stat....

...(Supp.1996) (emphasis added). The duties of CCR include representing such individuals "for the purpose of instituting and prosecuting collateral *1248 actions challenging the legality of the judgment and sentence imposed against such person[s]" in state and federal courts. § 27.702, Fla....

...The statute was also amended to delete reference to indigents in accordance with the 1996 amendment of the duties of CCR to include representation of "each person convicted and sentenced to death in this state in collateral postconviction proceedings." § 27.702(2), Fla....

...ircuit denied a stay of execution pending appeal. 492 F.Supp. at 278 n. 2. While the matter was before the Supreme Court the issue of standing was resolved by the condemned's decision to authorize an attorney to act on his behalf. [9] See Fla. Stat. § 27.702 (1987)....

...Cox's current appeal amounts to a broad-based attack on the constitutionality of Florida's current lethal-injection protocol. Specifically, Cox: (1) assails the constitutionality of lethal injection as currently administered in Florida; (2) asserts that sections 27.7001 and 27.702, Florida Statutes (2008), as interpreted by this Court, are unconstitutional facially and as applied because these statutes prohibit CCRC from filing mode-of-execution challenges under 42 U.S.C....

...on team from providing relevant in-camera *661 testimony so long as "information . . . identif[ying]" these individuals is not publicly released). However, I must part ways with my brethren with regard to their interpretation of sections 27.7001 and 27.702, Florida Statutes (2008). In relevant part, section 27.702(1), Florida Statutes (2008), provides that CCRC and registry counsel "shall file only those postconviction or collateral actions authorized by statute." In turn, section 27.7001, Florida Statutes (2008), provides that such "collateral...

...This limitation does not apply to section 1983 actions. Under these circumstances, the rule and rationale expressed in State ex rel. Butterworth v. Kenny, 714 So.2d 404 (Fla.1998), are founded upon an untenable legal fiction. In that decision, we held that sections 27.7001 and 27.702, Florida Statutes (1997), prohibit CCRC from representing capital inmates during section 1983 actions, but not habeas proceedings....

...ance to the Florida Supreme Court [2] because the ultimate answer to this question should be addressed by the court that deals with death cases: ARE COUNSEL APPOINTED TO PROVIDE COLLATERAL REPRESENTATION TO DEFENDANTS SENTENCED TO DEATH, PURSUANT TO SECTION 27.702, AUTHORIZED TO BRING PROCEEDINGS TO ATTACK THE VALIDITY OF A PRIOR FIRST-DEGREE MURDER CONVICTION THAT WAS USED AS A PRIMARY AGGRAVATOR IN THE DEATH SENTENCING PHASE? The statute is not clear on the extent of CCRC's representation under the unique circumstances of this case. Section 27.702(1), Florida Statutes, provides: The capital collateral regional counsel shall represent each person convicted and sentenced to death in this state for the sole purpose of instituting and prosecuting collateral actions challenging the l...

...Collateral Regional Counsel-Middle (“CCRC-M”), headed by Appellee John W. “Bill” Jennings, the Capital Collateral Regional Counsel for the Middle Region. The CCRCs provide collateral lé-gal representation for persons sentenced to death. See § 27.702(1), Fla....

...Therefore, unless some exemption from the Public Records Law attaches to such records as they are maintained by CCR, the provisions of s. 119.07 (1), F.S., regarding production and copying would apply. Sincerely, Robert A. Butterworth Attorney General (gh) 1 Executive Order No. 88-71. 2 Section 27.701 , F.S. 3 Section 27.702 , F.S....

...to effective postconviction counsel.” Under Florida law, individuals sentenced to death are entitled to the appointment of capital postconviction counsel for the purpose of pursuing any collateral attacks on their convictions and sentences. See § 27.702(1), Fla. Stat....

...effective postconviction counsel. Despite the plain language of these statutes, Barwick argues that this Court recognized the right to effective assistance of capital postconviction counsel when it stated in Spalding v. Dugger, 526 So. 2d 71, 72 (Fla. 1988), that “under section 27.702, each defendant under sentence of death is entitled, as a statutory right, to effective legal representation by the capital collateral representative in all collateral relief proceedings.” But in Asay, we clarified that “Spaldi...

attacks on their convictions and sentences. See § 27.702(1), Fla. Stat. (2022) (“The capital collateral

Rowe, 814 So. 2d 396, 399 (Fla. 2002). 18 Section 27.702(1), Fla. Stat. 19 Section 20.02(1), Fla. Stat

...ida.html; see also Fla. Stat. § 27.701. Each CCRC office is responsible for representing persons convicted and sentenced to death by state courts, within their respective regions, in collateral proceedings in state and federal court. See Fla. Stat. § 27.702(1)–(2)....