Florida Supreme Court allows rare double execution by lethal injection

• The Florida Supreme Court allowed a rare double execution by lethal injection to proceed.
• James Aren Duckett and Dominick Anthony Occhicone Jr. were put to death just six hours apart on Tuesday.
• Both men argued that the timing and manner of the state's planned lethal injection procedures created a risk of botched executions.
• The court denied emergency applications and certiorari petitions without explanation, allowing the executions to move forward.

The Eighth Amendment's guarantee of protection from cruel and unusual punishment applies both at sentencing and in the carrying out of the sentence

The Florida Supreme Court has allowed a rare double execution by lethal injection to proceed, setting a new record for the state. The executions of James Aren Duckett and Dominick Anthony Occhicone Jr. took place just six hours apart on Tuesday, with Duckett's execution beginning at 12 p.m. and Occhicone's at 6 p.m.. Both men had filed emergency applications and certiorari petitions with the Supreme Court, arguing that the timing and manner of the state's planned lethal injection procedures created a risk of botched executions. The court denied these requests without explanation, allowing the executions to move forward.

Florida has been executing more people than any other state in the country, with 11 and 12 death sentences carried out this year alone. This rare double execution by lethal injection is unprecedented, as Florida last carried out a double execution over 60 years ago. The Eighth Amendment's guarantee of protection from cruel and unusual punishment applies to both sentencing and the carrying out of the sentence, according to attorneys for Duckett. They argue that combining the two executions increases the risk of botched executions due to factors such as unprepared prison teams and errors with lethal injection drugs.

This decision by the Florida Supreme Court may set a precedent for future cases, potentially increasing the risk of botched executions and related compliance exposures. Lawyers representing clients facing capital punishment in Florida should be aware of this development and take note of the state's execution procedures. The case also raises questions about the availability of execution drugs, health conditions, and the psychological effects on correctional staff. As Occhicone was the oldest prisoner executed in Florida's modern history, his concerns about the lethal injection protocols are particularly relevant.

Lawyers representing clients facing capital punishment in Florida should be aware that the state's recent Supreme Court decision allowing a rare double execution by lethal injection may set a precedent for future cases, potentially increasing the risk of botched executions and related compliance exposures.

Source: Original reporting via Courthouse News