Opinion
Case No. SC09-568.
March 8, 2010.
Lower Tribunal No(s). 94-00723-CFAWS.
Bobby Allen Raleigh, a prisoner under sentence of death, appeals the circuit court's order denying his successive motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.851. We have jurisdiction. See art. V, § 3(b)( 1), Fla. Const.
Raleigh's current appeal represents a broad attack on the constitutionality of Florida's capital sentencing scheme based on an ABA report, Evaluating Fairness and Accuracy in the State Death Penalty System: The Florida Death Penalty Assessment Report, issued in September 2006. This Court has repeatedly stated that this report does not constitute newly discovered evidence; and, therefore, it has repeatedly rejected claims premised upon this report. See Pope v. State, 2010 WL 175493 (Fla. 2010);Finney v. State, 18 So. 3d 527 (Fla. 2009); Tompkins v. State, 994 So. 2d 1072 (Fla. 2008); Rutherford v. State, 940 So. 2d 1112 (Fla. 2006).
Raleigh's current appeal also attacks Florida lethal injection procedures and alleges that the trial court erred in summarily denying his claim without an evidentiary hearing. This Court has repeatedly rejected these claims. See Marek v. State, 8 So. 3d 1123, 1129 (Fla. 2009); Tompkins, 994 So. 2d at 1081; Lightbourne v. McCollum, 969 So. 2d 326 (Fla. 2007). Accordingly, the circuit court's order is hereby affirmed. It is so ordered.
QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.