JERRY WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jerry White appeals the denial of his successive motion for postconviction relief in a capital case where he was convicted of murder and sentenced to death. The Florida Supreme Court affirmed the denial and rejected White's claims that Florida's electric chair was defective and that the Department of Corrections was incompetent to conduct executions.
The court affirmed the denial of White's successive motion for postconviction relief, rejected his claims about the electric chair and the Department of Corrections' competence, and denied his application for stay of execution.
[1] A successive motion for postconviction relief may be denied without an evidentiary hearing.
[2] Challenges to the constitutionality of the electric chair and the competence of the Department of Corrections to conduct executions have been previously ruled upon and re…
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Join FLexlaw to unlock all legal intelligence“White was convicted of robbing a small grocery store and shooting to death a customer. The murder conviction and sentence of death were affirmed.”
Establishes the underlying crime and that the conviction and sentence had been previously affirmed on appeal.
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Join FLexlaw to unlock all legal intelligenceWhite was convicted of robbing a small grocery store and shooting to death a customer. His murder conviction and death sentence were previously affirm…
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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. Art. V, § 3(b)(1), Fla. Const. White was convicted of robbing a small grocery store and shooting to death a customer. The murder conviction and sentence of death were affirmed. White v. State, 446 So. 2d 1031 (Fla.1984). Subsequent to the signing of the first death warrant, White filed an application for stay of execution and a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The stay was granted and the motion denied following an evidentiary hearing. The denial was affirmed. White v. State, 559 So. 2d 1097 (Fla.1990). Following the signing of the second death warrant, White’s successive rule 3.850 motion was denied without an evidentiary hearing. He appeals that order. White contends that Florida’s electric chair is defective and that the Department of Corrections is incompetent to conduct executions. We have ruled otherwise. Squires v. State, 565 So. 2d 318 (Fla.1990); Buenoano v. State, 565 So. 2d 309 (Fla.1990).
At sentencing, the court found as an aggravating circumstance that White previously had been convicted of a violent felony. White now contends that the prior convictions underlying that circumstance were unlawfully obtained but he does not argue this point as grounds for appeal in the present case.
We affirm the order denying White’s motion for postconviction relief. We deny the application for stay of execution and for oral argument. No petition for rehearing will be permitted
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, EHRLICH and GRIMES, JJ., concur. BARKETT, J., concurs specially with an opinion.
KOGAN, J., dissents with an opinion.
BARKETT, Judge,
concurring specially.
I would grant a stay of execution and relief based on the reasons I expressed in Buenoano v. State, 565 So. 2d 309 (Fla.1990) (Barkett, J., dissenting). However, I recognize that the Court has ruled adversely on this issue.
KOGAN, Judge,
dissenting.
I respectfully dissent based upon my dissenting opinion in Buenoano v. State, 565 So. 2d 309 (Fla.1990).
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Citator
Cited By
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Bertolotti v. State, 565 So. 2d 1343 (Fla. 1990)…rtolotti raised two claims before the trial court. The first claim that Florida’s electric chair is defective and that the Department of Corrections is incompetent to conduct executions has repeatedly 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 (Fla.1990). Summary denial of Bertolotti’s second claim that victim impact evidence and argument were considered…
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White v. State, 664 So. 2d 242 (Fla. 1995)…g. We affirmed the denial. White v. State, 559 So. 2d 1097 (Fla.1990). The trial court denied White’s second rule 3.850 motion without an evidentiary hearing after the governor signed the second death warrant. We affirmed the denial. White v. State, 565 So. 2d 322 (Fla.1990). We also denied White’s petition for writ of habeas corpus and request for stay of execution. White v. Dugger, 565 So. 2d 700 (Fla.1990). The governor recently signed a third death warrant and the trial court conducted a hearing and hear…
Authorities Cited
- White v. State, 446 So. 2d 1031 (Fla. 1984)
- Buenoano v. State, 565 So. 2d 309 (Fla. 1990)
- White v. State, 559 So. 2d 1097 (Fla. 1990)
- Squires v. State, 565 So. 2d 318 (Fla. 1990)