Chadwick Banks v. State of Florida
150 So. 3d 797
Fla.2014Background
- Banks, a death-sentenced inmate, filed second successive postconviction relief after a death warrant; prior postconviction motions had been denied on appeal.
- 1992 murders: Banks killed his wife and, after sexually abusing his ten-year-old stepdaughter, killed her; eyewitness identified him; confession and physical/DNA evidence linked Banks to the crimes.
- Convictions: no contest pleas to murder and sexual battery; death penalty secured for the stepdaughter murder; concurrent life terms for wife murder and sexual battery.
- Postconviction/public records: Banks sought public records under Fla. R. Crim. P. 3.851/3.852 after the warrant; agencies refused seeking broad, non-specific documents.
- Trial court denied the second motion to vacate as legally insufficient and untimely; amended motion also denied; this appeal followed.
- Court affirms denial of the second postconviction motion and the public records objections; stays of execution denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of postconviction counsel barred | Banks argues Martinez/Trevino apply to allow procedurally barred claims | Florida courts reject claiming ineffective postconviction counsel as cognizable | Denied relief; such claims are not cognizable in Florida |
| Eighth Amendment challenge to lethal injection protocol | Midazolam/vecuronium pose intolerable pain risk; protocol unconstitutional | Protocol previously upheld; no new evidence changes precedent | Denied relief; protocol remains constitutional under Florida law and federal decisions |
| Public records requests relation to colorable postconviction claims | Requests seek records relevant to postconviction claims | Requests are broad and not tied to colorable claims; inappropriate fishing expedition | Denied to the extent not showing relevance to colorable claims |
Key Cases Cited
- Martinez v. Ryan, 132 S. Ct. 1309 (2012) (Martinez applies in federal habeas; not a basis for relief in state court)
- Trevino v. Thaler, 133 S. Ct. 1911 (2013) (Extends Martinez in federal habeas context; not a state-law remedy)
- Howell v. State, 109 So. 3d 763 (Fla. 2013) (No relief for ineffective postconviction counsel claims in Florida)
- Chavez v. State, 129 So. 3d 1067 (Fla. 2013) (Martinez/Trevino do not provide state relief basis)
- Gore v. State, 91 So. 3d 769 (Fla.) (Limits of Martinez/Trevino in Florida context)
- Moore v. State, 132 So. 3d 718 (Fla. 2013) (Ineffective postconviction counsel claims not cognizable in Florida)