Barwick v. State
The Florida Supreme Court affirmed summary denial of Darryl Barwick's second successive postconviction motion filed during active death-warrant litigation, rejecting claims that the compressed warrant schedule violated due process and a statutory right to effective postconviction counsel, that newly discovered evidence (a 2022 APA resolution) required extending Roper v. Simmons to offenders aged 18-20, and that Atkins should be extended to defendants with severe neuropsychological impairments who are not intellectually disabled. The Court held these claims were procedurally barred, untimely, and meritless, and that under Florida's Eighth Amendment conformity clause it lacks authority to extend Roper or Atkins beyond U.S. Supreme Court limits.
Key facts
- Darryl Barwick, a death-row inmate, filed a second successive postconviction motion during active death-warrant litigation raising claims about the compressed warrant schedule, ineffective postconviction counsel, newly discovered evidence, and requests to extend Roper v. Simmons and Atkins v. Virginia.
- The trial court summarily denied Barwick's motion, and Barwick appealed to the Florida Supreme Court.
- +2 more key facts with a free trial
Why it matters
While fact-bound to the capital warrant context, this opinion is a useful compilation precedent for capital postconviction practitioners confirming that (1) scientific/professional-organization consensus statements are… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.