Valle claim in Florida

5 Florida opinions name it 1 courts 1991–2011 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

Case	Followed	Cited
Blanco v. Stategreen fla · 1997 · cited in 1 Florida opinions naming this issue, 2011–2011 1 sentence 2011Although Dr. Dershwitz acknowledged that the FDA had not approved pentobarbital for use in lethal injections, like Dr. Waisel, he explained that its use for such purposes was considered “off label” and that using a drug in an “off-label” manner is “common in medicine.” In reviewing this portion of Valle’s claim, the circuit court credited the testimony of Dr. Dershwitz over that of Dr. Waisel, specifically finding Dr. Der-shwitz’s testimony to be “credible and persuasive” and Dr. Waisel’s testimony to be “based on speculation” and “therefore, inherently unreliable.” As we have previously expla	1	1
Provenzano v. Stategreen fla · 2000 · cited in 1 Florida opinions naming this issue, 2011–2011 1 sentence 2011Although Dr. Dershwitz acknowledged that the FDA had not approved pentobarbital for use in lethal injections, like Dr. Waisel, he explained that its use for such purposes was considered “off label” and that using a drug in an “off-label” manner is “common in medicine.” In reviewing this portion of Valle’s claim, the circuit court credited the testimony of Dr. Dershwitz over that of Dr. Waisel, specifically finding Dr. Der-shwitz’s testimony to be “credible and persuasive” and Dr. Waisel’s testimony to be “based on speculation” and “therefore, inherently unreliable.” As we have previously expla	1	1
Doorbal v. Stategreen fla · 2008 · cited in 1 Florida opinions naming this issue, 2011–2011 1 sentence 2011Valle does not allege any facts to support this claim, and the documents attached to the postconviction motion do not pertain to Evans’ representation of Valle, nor do they support this claim. 22 Again, “[pjostconviction relief cannot be based on speculation or possibility,” Maharaj, 778 So.2d at 951 , and “vague and conclusory allegations on appeal are insufficient to warrant relief,” Doorbal v. State, 983 So.2d 464, 482 (Fla.2008).	1	1
Booker v. Stategreen fla · 2007 · cited in 1 Florida opinions naming this issue, 2011–2011 1 sentence 2011In Tompkins , this Court observed that “no federal or state court has accepted the argument that a prolonged stay on death row constitutes cruel and unusual punishment, especially where both parties bear responsibility for the long delay.” 994 So.2d at 1085 (quoting Booker v. State, 969 So.2d 186, 200 (Fla.2007)).	1	1
Lightbourne v. McCollumgreen fla · 2007 · cited in 1 Florida opinions naming this issue, 2011–2011 2 sentences 2011As we explained in Lightbourne v. McCollum, 969 So.2d 326, 351 (Fla.2007), “[i]f the inmate is not fully unconscious when either pancuronium bromide or potassium chloride [the second and third drugs in the protocol] is injected, or when either of the chemicals begin to take effect, the prisoner will suffer pain.” The Court has determined that Valle’s claim as to the use of pentobarbital as an anesthetic in the amount prescribed by Florida’s protocol warrants an evidentiary hearing. 2011As we explained in Lightbourne v. McCollum, 969 So.2d 326, 351 (Fla.2007), "[i]f the inmate is not fully unconscious when either pancuronium bromide or potassium chloride [the second and third drugs in the protocol] is injected, or when either of the chemicals begin to take effect, the prisoner will suffer pain." The Court has determined that Valle's claim as to the use of pentobarbital as an anesthetic in the amount prescribed by Florida's protocol warrants an evidentiary hearing.	1	1
Porter v. Stategreen fla · 2001 · cited in 1 Florida opinions naming this issue, 2011–2011 1 sentence 2011In applying this standard, “[w]e recognize and honor the trial court’s superior vantage point in assessing the credibility of witnesses and in making findings of fact.” Porter v. State, 788 So.2d 917, 923 (Fla.2001).	1	1
Huff v. Stategreen fla · 1993 · cited in 1 Florida opinions naming this issue, 2002–2002 1 sentence 2002See id. [3] Huff v. State, 622 So.2d 982 (Fla.1993). [4] Valle raises the following issues in this petition: (1) appellate counsel was ineffective for failing to raise a claim regarding the trial court's denial of Valle's motion to waive the advisory jury; (2) appellate counsel was ineffective for failing to raise as an issue the CCP instruction, which was inadequate and unconstitutional; (3) appellate counsel was ineffective for failing to raise as an issue that the State's comments to the jury during voir dire tainted the jury pool and resulted in the State obtaining many for-cause excusals	1	1
Thompson v. Stategreen fla · 2000 · cited in 1 Florida opinions naming this issue, 2002–2002 1 sentence 2002See Jones, 794 So.2d at 586 (concluding that issue raised in habeas was within issue on direct appeal, and that "habeas is not proper to argue a variant to an already decided issue") (citing Thompson v. State, 759 So.2d 650 , 657 n. 6 (Fla. 2000)); Mann v. Moore, 794 So.2d 595, 601 (Fla.2001) (holding that claim raising same prosecutorial comments as those raised on direct appeal to assert related claim on habeas was procedurally barred).	1	1
Mann v. Mooregreen fla · 2001 · cited in 1 Florida opinions naming this issue, 2002–2002 1 sentence 2002See Jones, 794 So.2d at 586 (concluding that issue raised in habeas was within issue on direct appeal, and that "habeas is not proper to argue a variant to an already decided issue") (citing Thompson v. State, 759 So.2d 650 , 657 n. 6 (Fla. 2000)); Mann v. Moore, 794 So.2d 595, 601 (Fla.2001) (holding that claim raising same prosecutorial comments as those raised on direct appeal to assert related claim on habeas was procedurally barred).	1	1
Jones v. Mooregreen fla · 2001 · cited in 1 Florida opinions naming this issue, 2002–2002 1 sentence 2002See Jones, 794 So.2d at 586 (concluding that issue raised in habeas was within issue on direct appeal, and that "habeas is not proper to argue a variant to an already decided issue") (citing Thompson v. State, 759 So.2d 650 , 657 n. 6 (Fla. 2000)); Mann v. Moore, 794 So.2d 595, 601 (Fla.2001) (holding that claim raising same prosecutorial comments as those raised on direct appeal to assert related claim on habeas was procedurally barred).	1	1
Valle v. Stategreen fla · 1991 · cited in 1 Florida opinions naming this issue, 2002–2002 1 sentence 2002See id. [3] Huff v. State, 622 So.2d 982 (Fla.1993). [4] Valle raises the following issues in this petition: (1) appellate counsel was ineffective for failing to raise a claim regarding the trial court's denial of Valle's motion to waive the advisory jury; (2) appellate counsel was ineffective for failing to raise as an issue the CCP instruction, which was inadequate and unconstitutional; (3) appellate counsel was ineffective for failing to raise as an issue that the State's comments to the jury during voir dire tainted the jury pool and resulted in the State obtaining many for-cause excusals	1	1
State v. Kokalgreen fla · 1990 · cited in 1 Florida opinions naming this issue, 1997–1997 1 sentence 1997See State v. Kokal, 562 So.2d 324 (Fla.1990). [6] Claim XIV of Valle's motion below did not allege ineffective assistance.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (9)

Case	Cited	Years
Baze v. Rees green scotus · 2008 2 sentences 2011We conclude based on Dr. David Waisel's expert report and affidavit, as well as the allegations in Valle's amended 3.851 motion, that Valle has raised a factual dispute, not conclusively refuted, as to whether the use of pentobarbital in Florida's lethal injection protocol will subject him to a "substantial risk of serious harm." Baze v. Rees, 553 U.S. 35, 50 , 128 S.Ct. 1520 , 170 L.Ed.2d 420 (2008) (plurality opinion). 2011We conclude based on Dr. David Waisel's expert report and affidavit, as well as the allegations in Valle's amended 3.851 motion, that Valle has raised a factual dispute, not conclusively refuted, as to whether the use of pentobarbital in Florida's lethal injection protocol will subject him to a "substantial risk of serious harm." Baze v. Rees, 553 U.S. 35, 50 , 128 S.Ct. 1520 , 170 L.Ed.2d 420 (2008) (plurality opinion).	1	2011–2011
Respect Maine PAC v. McKee green scotus · 2010 2 sentences 2011The Supreme Court has held that to state a claim under the Eighth Amendment, a defendant must show that the state's lethal injection protocol is " 'sure or very likely to cause serious illness and needless suffering.'" Brewer v. Landrigan, ___ U.S.___, 131 S.Ct. 445, 445 , 178 L.Ed.2d 346 (2010) (quoting Baze v. Rees, 553 U.S. 35, 50 , 128 S.Ct. 1520 , 170 L.Ed.2d 420 (2008) (plurality opinion)). 2011The Supreme Court has held that to state a claim under the Eighth Amendment, a defendant must show that the state's lethal injection protocol is " 'sure or very likely to cause serious illness and needless suffering.'" Brewer v. Landrigan, ___ U.S.___, 131 S.Ct. 445, 445 , 178 L.Ed.2d 346 (2010) (quoting Baze v. Rees, 553 U.S. 35, 50 , 128 S.Ct. 1520 , 170 L.Ed.2d 420 (2008) (plurality opinion)).	1	2011–2011
Tompkins v. State green fla · 2008 1 sentence 2011In Tompkins , this Court observed that “no federal or state court has accepted the argument that a prolonged stay on death row constitutes cruel and unusual punishment, especially where both parties bear responsibility for the long delay.” 994 So.2d at 1085 (quoting Booker v. State, 969 So.2d 186, 200 (Fla.2007)).	1	2011–2011
Maharaj v. State green fla · 2000 1 sentence 2011Valle does not allege any facts to support this claim, and the documents attached to the postconviction motion do not pertain to Evans’ representation of Valle, nor do they support this claim. 22 Again, “[pjostconviction relief cannot be based on speculation or possibility,” Maharaj, 778 So.2d at 951 , and “vague and conclusory allegations on appeal are insufficient to warrant relief,” Doorbal v. State, 983 So.2d 464, 482 (Fla.2008).	1	2011–2011
Valle v. State neutral fla · 2011 1 sentence 2011Valle v. State, 70 So.3d 525 (Fla.2011).	1	2011–2011
Strickland v. Washington green scotus · 1984 2 sentences 1997During the Huff hearing, Judge Margolious acknowledged that if these allegations were true, Valle's motion would have to be "strongly considered." However, Judge Margolious ultimately denied the claim as legally insufficient, stating that it failed to meet the standard for ineffective assistance of counsel claims set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 1997During the Huff hearing, Judge Margolious acknowledged that if these allegations were true, Valle's motion would have to be "strongly considered." However, Judge Margolious ultimately denied the claim as legally insufficient, stating that it failed to meet the standard for ineffective assistance of counsel claims set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).	1	1997–1997
Suarez v. State green fla · 1985 1 sentence 1991Suarez v. State, 481 So.2d 1201 (Fla. 1985), cert. denied, 476 U.S. 1178 , 106 S.Ct. 2908 , 90 L.Ed.2d 994 (1986).	1	1991–1991
Toney-El v. Lane green scotus · 1986 1 sentence 1991Suarez v. State, 481 So.2d 1201 (Fla. 1985), cert. denied, 476 U.S. 1178 , 106 S.Ct. 2908 , 90 L.Ed.2d 994 (1986).	1	1991–1991
Golub v. Ernst green scotus · 1986 1 sentence 1991Suarez v. State, 481 So.2d 1201 (Fla. 1985), cert. denied, 476 U.S. 1178 , 106 S.Ct. 2908 , 90 L.Ed.2d 994 (1986).	1	1991–1991

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