Michael Duane Zack, III v. State of Florida

Summary

The court affirmed the summary denial of Zack’s fourth successive postconviction motion and denied his requests for a stay of execution and oral argument. It held that both his fetal alcohol syndrome claim and his challenge to the nonunanimous penalty-phase recommendation were untimely, procedurally barred, and meritless. The court further held that Florida’s constitutional conformity requirement prevented it from extending the categorical execution bar for intellectual disability to FAS and that the Eighth Amendment does not require a unanimous jury recommendation for death.