Manuel Valle, Appellant(s) v. State of Florida, Appellee(s) — Canady, J., Dissenting

Summary

The dissent would uphold the summary denial of Valle’s successive postconviction motion challenging Florida’s lethal-injection protocol. It reasoned that Valle offered only speculative allegations concerning pentobarbital and did not show that the protocol was sure or very likely to cause severe pain, particularly because safeguards required confirmation of unconsciousness before administration of the second and third drugs. The dissent therefore would not require an evidentiary hearing, contrary to the majority’s decision to remand for one.