Supreme Court of Florida
Donald David Dillbeck v. State of Florida & Donald David Dillbeck v. Ricky D. Dixon
February 16, 2023357 So. 3d 94
Summary
The court affirmed the summary denial of Dillbeck’s fourth successive postconviction motion and denied his habeas petition, concluding that his claims were procedurally barred, untimely, meritless, or insufficient to warrant relief. It held that his fetal-alcohol-related exemption claim could not proceed as a successive claim, that the evidence concerning his prior conviction would not probably produce a lesser sentence and did not support a stay, and that execution after more than thirty years on death row does not violate the Eighth Amendment. The court also rejected his habeas challenges to jury unanimity and the aggravators.