Supreme Court of Florida

Manuel Valle, Appellant(s) v. State of Florida, Appellee(s)

July 25, 201136 Fla. L. Weekly Supp. 449

Summary

The court held that Valle's allegations and supporting expert materials raised an unresolved factual dispute about whether pentobarbital, at the dose prescribed in Florida's lethal-injection protocol, would reliably induce unconsciousness and thereby avoid a substantial risk of serious harm. It stayed the execution in part, temporarily relinquished jurisdiction for a narrowly limited evidentiary hearing, ordered production of specified Department of Corrections materials, and deferred the remaining appellate issues. Chief Justice Canady, joined by Justices Lewis and Polston, dissented, arguing that the allegations were conclusory and speculative and that summary denial was proper.