Eric Scott Branch v. State of Florida & SC18-218 Eric Scott Branch v. Julie L. Jones, etc.
236 So. 3d 981
Fla.2018Background
- Eric Scott Branch was convicted of first-degree murder, sexual battery, and grand theft for the 1993 killing of Susan Morris; jury recommended death 10–2 and sentence affirmed on direct appeal.
- Branch has pursued multiple postconviction and habeas challenges in Florida and federal courts; prior denials include Rule 3.853 DNA testing and prior successive 3.851 motions.
- Governor signed a death warrant; Branch filed a second successive 3.851 motion and a successive habeas petition while under an active warrant.
- In the second successive 3.851 motion Branch raised (1) an Eighth Amendment challenge to executing offenders in their early 20s based on brain-development science and evolving law, and (2) that prolonged time on death row (~24 years) is cruel and unusual punishment.
- He also sought public records about execution-drug expiration dates and autopsy records of a prior execution; the circuit court denied the records requests and summarily denied the 3.851 motion and stay. Branch petitioned this Court for habeas relief challenging the prior violent felony aggravator.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public-records requests re: execution drugs and autopsy | Records may show unconstitutional risk (expired drugs, autopsy evidence of pain) | Requests are unlikely to produce a colorable claim; presumption DOC follows protocol | Denial affirmed; no abuse of discretion |
| Eligibility for death penalty based on age/brain science | New scientific evidence and evolving norms show late adolescents/early 20s are functionally juvenile; Roper should be extended | Roper fixes 18 as the bright line; brain-research not "newly discovered" and claim waived/meritless | Denied; Roper controls and scientific studies do not change eligibility |
| Length of time on death row as Eighth Amendment violation | Nearly 24 years on death row constitutes cruel and unusual punishment | Precedent rejects lengthy-delay Eighth Amendment challenges | Denied; Court follows longstanding precedent permitting executions after long confinement |
| Habeas challenge to prior violent felony aggravator | Indiana sexual-battery conviction did not qualify as Florida violent felony; trial error | Claims are procedurally barred and, even if error, harmless given other strong aggravators | Denied; procedurally barred and meritless (harmless error) |
Key Cases Cited
- Roper v. Simmons, 543 U.S. 551 (2005) (held executing offenders under 18 violates the Eighth Amendment)
- Branch v. State, 685 So. 2d 1250 (Fla. 1996) (direct appeal affirming convictions and death sentence)
- Branch v. State, 952 So. 2d 470 (Fla. 2006) (affirming denial of initial postconviction relief)
- Branch v. McDonough, 779 F. Supp. 2d 1309 (N.D. Fla. 2010) (federal habeas denied)
- Branch v. Sec’y, Fla. Dep’t of Corr., 638 F.3d 1353 (11th Cir. 2011) (affirming denial of federal habeas)
- Muhammad v. State, 132 So. 3d 176 (Fla. 2013) (limits on public-records fishing expeditions in capital cases)
- Chavez v. State, 132 So. 3d 826 (Fla. 2014) (autopsy/execution records unlikely to establish Eighth Amendment violation)
- Morton v. State, 995 So. 2d 233 (Fla. 2008) (brain-mapping studies not newly discovered evidence; Roper inapplicable to offenders over 18)
- Davis v. State, 142 So. 3d 867 (Fla. 2014) (rejecting claim that functional equivalence to juvenile extends Roper)
- Correll v. State, 184 So. 3d 478 (Fla. 2015) (rejecting Eighth Amendment challenge based on decades on death row)
- Kaczmar v. State, 228 So. 3d 1 (Fla. 2017) (noting heinous/atrocious/cruel factor is among weightiest aggravators)