Kimbrough v. State
125 So. 3d 752
Fla.2013Background
- Darius Mark Kimbrough was convicted of first-degree murder, burglary with battery, and sexual battery with great force; jury recommended death 11–1 and he was sentenced to death.
- Victim Denise Collins was raped and died from blunt facial injuries after Kimbrough entered her apartment in 1991.
- Convictions and death sentence were affirmed on direct appeal (Kimbrough v. State, 700 So.2d 634 (Fla. 1997)); prior postconviction and habeas relief were denied (Kimbrough v. State, 886 So.2d 965 (Fla. 2004)).
- Kimbrough filed a successive postconviction motion under Fla. R. Crim. P. 3.851 after a death warrant was signed in October 2013.
- He argued Florida’s death-penalty scheme is unconstitutional under the Eighth Amendment because jury death recommendations need unanimity, and he relied on research he characterized as newly discovered evidence showing Florida’s 2012 death-sentencing rate increased.
- The circuit court denied relief; the Florida Supreme Court affirmed, finding the claims legally insufficient or foreclosed by precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether nonunanimous jury death recommendations violate the Eighth Amendment | Kimbrough: evolving standards of decency require unanimous jury verdicts to impose death because most states require unanimity | State: Florida precedent allows death recommendations by a simple majority; Kimbrough’s case also included unanimity on a prior violent-felony aggravator | Rejected — nonunanimous recommendations are not unconstitutional; precedent controls (Mann, Parker, Davis, Robards) |
| Whether cited research qualifies as newly discovered evidence to reopen penalty-phase relief | Kimbrough: recent studies and statistical evidence show arbitrariness in Florida’s death sentencing and qualify as new evidence | State: Social-science research does not meet the legal standard for newly discovered evidence; claims are legally insufficient or procedurally barred | Rejected — research is not newly discovered evidence under governing law (Schwab, Rutherford, Foster cited) |
Key Cases Cited
- Kimbrough v. State, 700 So.2d 634 (Fla. 1997) (affirming conviction and death sentence)
- Mann v. State, 112 So.3d 1158 (Fla. 2013) (rejecting challenge to nonunanimous jury death recommendations)
- Parker v. State, 904 So.2d 370 (Fla. 2005) (holding majority jury recommendations for death are not unconstitutional)
- Schwab v. State, 969 So.2d 318 (Fla. 2007) (research studies are not newly discovered evidence)