Squires v. State, 76152
| Court | United States State Supreme Court of Florida |
| Writing for the Court | PER CURIAM; SHAW; KOGAN; BARKETT; KOGAN |
| Citation | 565 So.2d 318 |
| Parties | 15 Fla. L. Weekly S382 William Michael SQUIRES, Appellant, v. STATE of Florida, Appellee. |
| Docket Number | No. 76152,76152 |
| Decision Date | 05 July 1990 |
Page 318
v.
STATE of Florida, Appellee.
Page 319
Larry Helm Spalding, Capital Collateral Representative, Billy H. Nolas, Chief Asst. Capital Collateral Representative, and Julie D. Naylor and Jerome H. Nickerson, Assts. Capital Collateral Representative, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee.
PER CURIAM.
This is an appeal from the denial of a motion for postconviction relief following a sentence of death, accompanied by an application for stay of execution and for oral argument. We have jurisdiction under article V, section 3(b)(1) of the Florida Constitution.
Squires was convicted of murder and sentenced to death. His conviction and sentence were affirmed by this Court in Squires v. State, 450 So.2d 208 (Fla.), cert. denied, 469 U.S. 892, 105 S.Ct. 268, 83 L.Ed.2d 204 (1984). He filed a motion for postconviction relief which was denied without a hearing. On appeal, this Court reversed in part and remanded for an evidentiary hearing on specified issues. Squires v. State, 513 So.2d 138 (Fla.1987). Following the evidentiary hearing, the trial court once again denied the motion. We affirmed the trial court's order. Squires v. State, 558 So.2d 401 (Fla.1990).
After the governor signed a death warrant, Squires filed a second motion for postconviction relief. The trial court denied the motion without a hearing. Squires now appeals from the order of denial. Rather than filing a brief, he makes his arguments in the application for stay of execution.
Squires' primary contention rests upon the events which occurred during the recent execution of Jesse Tafero. During Tafero's execution, flames and smoke erupted from the headpiece of the electric chair. A subsequent investigation by the Department of Corrections attributed this to the use of a synthetic sponge which caught fire. Squires filed affidavits in support of his contention that Florida's electric chair is defective and the Department of Corrections is incompetent to carry out its statutory duty to execute. He argues that the means selected by the state to carry out the death penalty is malfunctioning so that his execution will be carried out with unnecessary pain and suffering in violation of the eighth amendment's proscription against cruel and unusual punishment.
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Francis v. Barton, s. 78068
...in his first 3.850 motion, and it is procedurally barred from consideration in this successive motion. E.g., Clark; Squires v. State, 565 So.2d 318 (Fla.1990); Christopher. Moreover, Stevens v. State, 552 So.2d 1082 (Fla.1989), is not a major change in the law which requires retroactive In ......
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Jones v. State, 78907
...motions. Francis v. Barton, 581 So.2d 583 (Fla.), cert. denied, --- U.S. ----, 111 S.Ct. 2879, 115 L.Ed.2d 1045 (1991); Squires v. State, 565 So.2d 318 (Fla.1990). Moreover, his current motion was filed beyond the two-year time limit of Florida Rule of Criminal Procedure 3.850. However, all......
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Bertolotti v. State, 76344
...been rejected by this Court. See White v. State, 565 So.2d 322 (Fla.1990); Hamblen v. State, 565 So.2d 320 (Fla.1990); Squires v. State, 565 So.2d 318 (Fla.1990); Buenoano v. State, 565 So.2d 309 Summary denial of Bertolotti's second claim that victim impact evidence and argument were consi......
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Hamblen v. Dugger, 90-616-Civ-J-12.
...authority of two Florida Supreme Court cases dealing with this issue, Buenoano v. State, 565 So.2d 309 (Fla.1990), and Squires v. State, 565 So.2d 318 (Fla.1990). Petitioner filed a motion for rehearing which was denied on July 13, 1990. Thereafter, petitioner unsuccessfully sought relief f......
-
Francis v. Barton, s. 78068
...in his first 3.850 motion, and it is procedurally barred from consideration in this successive motion. E.g., Clark; Squires v. State, 565 So.2d 318 (Fla.1990); Christopher. Moreover, Stevens v. State, 552 So.2d 1082 (Fla.1989), is not a major change in the law which requires retroactive In ......
-
Jones v. State, 78907
...motions. Francis v. Barton, 581 So.2d 583 (Fla.), cert. denied, --- U.S. ----, 111 S.Ct. 2879, 115 L.Ed.2d 1045 (1991); Squires v. State, 565 So.2d 318 (Fla.1990). Moreover, his current motion was filed beyond the two-year time limit of Florida Rule of Criminal Procedure 3.850. However, all......
-
Bertolotti v. State, 76344
...been rejected by this Court. See White v. State, 565 So.2d 322 (Fla.1990); Hamblen v. State, 565 So.2d 320 (Fla.1990); Squires v. State, 565 So.2d 318 (Fla.1990); Buenoano v. State, 565 So.2d 309 Summary denial of Bertolotti's second claim that victim impact evidence and argument were consi......
-
Hamblen v. Dugger, 90-616-Civ-J-12.
...authority of two Florida Supreme Court cases dealing with this issue, Buenoano v. State, 565 So.2d 309 (Fla.1990), and Squires v. State, 565 So.2d 318 (Fla.1990). Petitioner filed a motion for rehearing which was denied on July 13, 1990. Thereafter, petitioner unsuccessfully sought relief f......