Occhicone v. State
In a death-warrant appeal, the Florida Supreme Court affirmed summary denial of Occhicone's second successive 3.851 motion and denied a stay. The Court held that rule 3.852(i) post-warrant public records requests require a nexus to a colorable postconviction claim (not merely relevance), rejected speculative equal-protection claims about etomidate shortages and FDC protocol deviations, and held that an as-applied 'too elderly to be executed' Eighth Amendment claim is both untimely and barred by the conformity clause of article I, section 17.
Key facts
- Occhicone, a death-sentenced inmate, filed a second successive rule 3.851 motion and sought a stay of execution in a death-warrant appeal before the Florida Supreme Court.
- Occhicone raised multiple claims including requests for public records under rule 3.852(i), speculative equal-protection challenges based on alleged etomidate shortages and protocol deviations, an as-applied Eighth Amendment claim based on advanced age and infirmities, and a challenge to his 7-5 death recommendation under the current 8-juror requirement.
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Why it matters
The opinion consolidates the Court's recent warrant-litigation jurisprudence into clear rules capital collateral counsel must navigate: the colorable-claim nexus governs rule 3.852(i) requests and is grounded in the… — full analysis with a trial
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