Dolan Darling A/k/a Sean Smith, Appellant v. State of Florida, App — Canady, J., Concurring in Part and Dissenting…

Summary

The separate opinion agrees with affirming the denial of Darling's postconviction motion and partially denying all-writs relief, but would deny all relief. It maintains that state collateral counsel is not authorized to litigate a method-of-execution claim under section 1983 because such a claim does not challenge the validity of the conviction or sentence, and it rejects the view that federal law compels the State to provide that representation. The opinion also concludes that the majority's interpretation conflicts with the governing statutory text and separation-of-powers principles.