Mann v. State, 112 So. 3d 1158

Mann, a death-row inmate, challenged a 2013 death warrant and filed postconviction motions under Florida Rule of Criminal Procedure 3.851.
He previously was convicted of kidnapping and murdering a ten-year-old girl and was resentenced to death after appellate remand.
The Florida Supreme Court has repeatedly affirmed and denied prior postconviction petitions and habeas petitions.
He argued that Florida’s non-unanimous death sentence scheme violates evolving standards of decency and that the death warrant process and public records requests were improper.
He also asserted Martinez v. Ryan means collateral counsel can excuse procedural bars for ineffectiveness claims, and sought habeas relief.
The circuit court denied relief and Mann appealed seeking review of postconviction relief, public records, and habeas corpus relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Non-unanimous verdicts for death sentences constitutional?	Mann argues non-unanimous recommendations violate evolving standards of decency.	State contends non-unanimous recommendations are constitutional and previous rulings support this.	No reversal; non-unanimous verdicts remain constitutional per precedent.
Unfettered Governor death-warrant discretion unconstitutional?	Mann claims lack of checks on Governor’s execution selection is unconstitutional.	State asserts discretion is proper; claims are procedurally barred and meritless.	Claim rejected; precedent supports Governor’s discretion.
Right to public records under 3.852 and Brady?	Mann seeks records to support postconviction relief; alleges deprivation.	Requests not tied to colorable claim or not reasonably related to discovery.	Requests properly denied; not relevant to colorable claims.
Martinez v. Ryan effect on state collateral proceedings?	Martinez allows excusing procedural bars for ineffective assistance claims.	Gore governs; Martinez does not create state-court relief for collateral counsel.	Martinez not controlling; underlying ineffectiveness claim meritless.

Parker v. State, 904 So.2d 370 (Fla. 2005) (not unconstitutional for a jury to recommend death by majority)
Whitfield v. State, 706 So.2d 1 (Fla. 1998) (milestones on majority-death recommendation)
Thompson v. State, 648 So.2d 692 (Fla. 1994) (majority vote suffices for death recommendation)
Brown v. State, 565 So.2d 304 (Fla. 1990) (earlier holding on majority recommendations; later abrogated by Way)
Gore v. State, 91 So.3d 769 (Fla.) (discusses Governor’s clemency discretion and related separation-of-powers concerns)
Valle v. State, 70 So.3d 530 (Fla. 2011) (reiterates Governor’s discretion, and records considerations under 3.852)
Tompkins v. State, 994 So.2d 1072 (Fla. 2008) (records must relate to colorable postconviction claims)
Sims v. State, 753 So.2d 66 (Fla. 2000) (discusses discovery limitations after death warrant)
Pardo v. State, — U.S.—, 133 S.Ct. 815 (2012) (public-record discovery not for fishing expeditions)
Martinez v. Ryan, 132 S. Ct. 1309 (2012) (federal habeas context; not extending to state collateral relief)