From the Florida Attorney Generals Office:
Today, the Eleventh Judicial Circuit Court denied Manual Valle’s motion to vacate death penalty, citing the defendant’s failure to show that the use of pentobarbital is in violation of the Eighth Amendment’s prohibition of cruel and unusual punishment. Like the rulings by three federal district courts, Judge Jacqueline Hogan Scola found that the “usage of pentobarbital does not create an objectively unreasonable risk of suffering.”
“Today’s ruling upholds our position that the use of pentobarbital in lethal injections does not present substantial risk of serious harm and is, therefore, constitutional,” stated Attorney General Pam Bondi. “This drug has been used for lethal injections in many other states and has already been upheld in three federal district courts. This man killed a police officer, and his execution is long overdue.”
The Florida Supreme Court had required an evidentiary hearing in the trial court prior to ruling on the remainder of the issues raised on appeal. Upon court order, the supplemental initial brief shall be filed no later than 2 p.m., Friday, Aug. 12. The supplemental answer brief shall be filed no later than 2 p.m., Wed., Aug. 17. The supplemental reply brief shall be filed no later than 2 p.m., Friday, Aug. 19. Oral argument, if necessary, shall be held on Wed., Aug. 24, at 9 a.m.