Supreme Court of Florida
Jose Antonio Jimenez, Appellant v. State of Florida, Appellee. J — Pariente, J., Concurring in Part and Dissenting…
October 4, 2018265 So. 3d 462
Summary
Justice Pariente dissents in part, agreeing that Jimenez is not entitled to relief on his newly discovered‑evidence appeal, but rejecting the majority's affirmation of the denial of his first post‑warrant appeal challenging Florida's lethal‑injection protocol. She argues that new evidence of pain during recent executions creates a substantial risk of cruel and unusual punishment and that the extremely short warrant period deprives the defendant of adequate time for review, and therefore would reverse and remand for an evidentiary hearing.