Michael L. King v. State of Florida
211 So. 3d 866
Fla.2017Background
- Michael L. King was convicted of first-degree murder, sexual battery, and kidnapping for the 2008 abduction, sexual assault, and killing of Denise Amber Lee; jury recommended death unanimously and trial court sentenced him to death.
- Extensive forensic and testimonial evidence linked King to the crime (DNA on blanket, hair, blood, victim 911 call from King’s phone, witness identifications, body recovered in shallow grave with gunshot wound and pre-mortem sexual injuries).
- King raised multiple postconviction claims under Fla. R. Crim. P. 3.851, seeking an evidentiary hearing on (1) ineffective assistance for failing to investigate toxic exposures, and (2) ineffective assistance for failing to preserve a Batson challenge to a peremptory strike of Juror 111; the court held an evidentiary hearing and denied relief.
- He also raised challenges to Florida’s lethal-injection protocol and statute protecting identities of executioners, and asserted a potential future incompetency claim; the court denied those claims (future-incompetency claim held not ripe).
- After the U.S. Supreme Court’s Hurst decision, this Court ordered supplemental briefing; the majority held the Hurst error was harmless beyond a reasonable doubt and affirmed denial of all postconviction relief.
Issues
| Issue | Plaintiff's Argument (King) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Ineffective assistance — failure to investigate toxic exposures | Counsel failed to investigate childhood/adult toxic exposures that could have supported stronger mitigation | Counsel reasonably investigated mental-health mitigation, consulted multiple experts who mostly found malingering; toxic-exposure theory speculative and unsupported | Denied — no Strickland deficiency; no prejudice need be reached |
| Ineffective assistance — failure to preserve Batson challenge to Juror 111 | Counsel failed to press Batson, failed comparative juror analysis, and failed to correct record about juror’s brother’s charges (and failed to object on gender) | The State offered race- and gender-neutral reasons (juror’s youth, attitudes, brother’s pending charge); defense counsel abandoned a meritless Batson challenge and had strategic reasons | Denied — Batson challenge meritless; counsel not deficient; no prejudice shown |
| Method-of-execution / protocol challenge (midazolam) | Midazolam-based lethal injection and related procedures present an unconstitutional risk of severe pain | Glossip/Baze (and Florida precedent) uphold midazolam protocol; defendant fails to allege substantial imminent risk or alternative method | Denied — facial challenge insufficient; no readily available alternative alleged |
| Hurst error (jury factfinding & sentencing) | Hurst error requires jury to find aggravators unanimously; King argues error not harmless because record does not show unanimous juror findings on each aggravator | Jury unanimously recommended death, instructions required weighing aggravators vs mitigation, aggravating evidence overwhelming and unchallenged on direct appeal; Hurst error harmless beyond a reasonable doubt | Denied relief on Hurst — majority finds error harmless beyond reasonable doubt; concurrence dissents as to harmlessness |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong test for ineffective assistance of counsel)
- Batson v. Kentucky, 476 U.S. 79 (prohibits race-based peremptory challenges)
- Ring v. Arizona, 536 U.S. 584 (jury must find facts increasing maximum punishment)
- Wiggins v. Smith, 539 U.S. 510 (counsel’s failure to investigate mitigation may be deficient)
- Baze v. Rees, 553 U.S. 35 (standard for method-of-execution Eighth Amendment challenges)
- State v. DiGuilio, 491 So.2d 1129 (Florida harmless-error standard and focus on effect on factfinder)