Robert L. Henry v. State of Florida, 134 So. 3d 938

Henry, a death-sentenced inmate, filed multiple postconviction motions challenging his convictions, sentence, clemency process, and death warrant.
His latest round alleged lethal injection protocol unconstitutionality (as applied), a nonunanimous jury issue, and challenges to section 922.052 as amended by the Timely Justice Act.
The postconviction court denied the 2014 as-applied midazolam challenge, the section 922.052 challenge, and the death warrant challenge; it also denied other related requests.
Governor-signature death warrant designated a execution window but without a specific time in the warrant itself; a cover letter contained a time window and confirmed a March 20, 2014 date.
This Court relinquished jurisdiction to receive an evidentiary hearing on the as-applied challenge, after which the postconviction court again denied relief.
On review, the Florida Supreme Court affirmed the denial of relief and denied a stay of execution.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutionality of 922.052 as amended	Henry argues the Act violates separation of powers.	State relies on Muhammad; Act does not prevent clemency or stay.</	Section 922.052 constitutional; no separation-of-powers violation.
Death warrant time-designation requirement	Warrant must designate execution time; otherwise invalid.	Warrant challenges fail; time may be designated via related documents; statutory reading in pari materia allows changes without new warrant.	Warrant does not deprive execution; time designation can be effected without a new warrant.
As-applied challenge to lethal injection protocol	Midazolam use poses substantial risk of serious harm given Henry's health.	Expert testimony shows rapid unconsciousness with midazolam; no substantial risk of serious harm.	No substantial risk of serious harm; protocol as applied to Henry does not violate the Eighth Amendment.
Nonunanimous jury recommendations	Nonunanimous jury recommendations render the death sentences unconstitutional.	Chain of precedent upholds nonunanimous recommendations; no constitutional violation.	Not meritorious; no Eighth Amendment violation shown.

Jarvis v. Chapman, 159 So. 282 (Fla. 1934) (death warrant ministerial; inmate has no voice in timing)
Tompkins v. State, 994 So. 2d 1072 (Fla. 2008) (no right to enforce timing of execution via warrant)
State v. Fuchs, 769 So. 2d 1006 (Fla. 2000) (statutes read in pari materia; execution timing adjustments possible)