Valle v. State
70 So. 3d 525
| Fla. | 2011Background
- Valle, a death-srow inmate, had a death warrant signed June 30, 2011 and execution scheduled for August 2, 2011.
- Valle amended a successive postconviction motion under Fla. R. Crim. P. 3.851 challenging Florida's June 8, 2011 lethal-injection protocol replacing sodium thiopental with pentobarbital.
- Valle claimed pentobarbital may fail to render unconsciousness, risking pain during the second/third drugs.
- The Court stayed the case and remanded for an evidentiary hearing limited to the efficacy of pentobarbital as an anesthetic, with a narrow relinquishment to the circuit court for that issue.
- The circuit court was instructed to conduct the hearing, issue a written order, and transmit the record to the Florida Supreme Court; further briefing and possible oral argument were scheduled.
- The majority's approach emphasized that determinations about execution methodology are primarily for the DOC and executive branch, unless Eighth Amendment standards require court intervention; dissent argued summary denial was proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pentobarbital as anesthetic raises a substantial risk issue | Valle argues pentobarbital may not render unconsciousness, creating pain risk under Eighth Amendment. | State asserts safeguards ensure unconsciousness; no prima facie claim warrants evidentiary hearing. | Evidentiary hearing warranted on efficacy of pentobarbital as anesthetic. |
Key Cases Cited
- Lightbourne v. McCollum, 969 So.2d 326 (Fla. 2007) (court-authorized protocol safeguards; focus on unconsciousness before second/third drugs)
- Brewer v. Landrigan, 131 S. Ct. 445 (2010) (Eighth Amendment challenge requires substantial risk of pain; framework in lethal-injection cases)
- Baze v. Rees, 553 U.S. 35 (2008) (plurality on risk of pain; standard for pain and anesthesia in execution protocols)
- Ventura v. State, 2 So.3d 194 (Fla. 2009) (unconsciousness focus in evaluating pain risk under lethal injection protocol)
- Schtwab? Not listed, 995 So.2d 922 (Fla. 2008) (Lightbourne lineage on unconsciousness and safeguards)