Opinion
CASE NO.: SC14-1286
07-07-2014
EDDIE WAYNE DAVIS Petitioner(s) v. RICK SCOTT, ETC., ET AL. Respondent(s)
Eddie Wayne Davis is a prisoner under sentence of death and an active death warrant. During the pendency of his appeal of the circuit court's denial of his successive motion for postconviction relief in case number SC14-1178, Davis' clemency counsel filed a "Notice of Joinder or in the Alternative Motion for Leave to Intervene." In this filing, clemency counsel challenged the constitutionality of Davis' clemency proceedings, which was a challenge that Davis also raised in his successive postconviction motion and on appeal of the circuit court's denial of that motion. This Court granted the State's motion to strike clemency counsel's filing because clemency counsel had no legal basis to join or intervene in the appellate proceedings. See Davis v. State, No. SC14-1178 (Fla. Sup. Ct. order filed June 27, 2014) (striking clemency counsel's filing).
On June 30, 2014, Davis, through clemency counsel, filed in the circuit court an "Emergency Petition for a Writ of Mandamus or Common Law Certiorari and Complaint for Declaratory, Injunctive and Other Relief Pursuant to 42 USC § 1983," again challenging the constitutionality of his clemency proceedings. The circuit court summarily denied that petition. See Davis v. Scott, No. 53-2014-CA-002569 (Fla. 10th Jud. Cir. Ct. order filed July 1, 2014). Davis, through clemency counsel, then filed a notice of appeal of the circuit court's order denying the petition and an "Initial Brief," which we have determined to treat as a petition to invoke this Court's "all writs" jurisdiction to review Davis' challenge to the constitutionality of his clemency proceedings, as filed by clemency counsel, which is a challenge that implicates Davis' death sentence. See art. V, § 3(b)(7), Fla. Const. We directed the State to file a response, which asserted in part that Davis' allegations "are insufficient to state a due process claim."
In consideration of clemency counsel's arguments and the State's response, and for the reasons expressed in this Court's opinion affirming the denial of postconviction relief on the clemency claim, we deny clemency counsel's petition. See Davis v. State, No. SC14-1178, slip. op. at 17-21 (Fla. July 7, 2014). As explained in that opinion, Davis' claim that he was not afforded "minimal due process" in his clemency proceedings, under the United States Supreme Court's decision in Ohio Adult Parole Authority v. Woodard, 523 U.S. 272 (1998), lacks merit because Davis was selected for clemency review determination in 2013 and did, in fact, receive an interview before the Florida Commission on Offender Review, at which he was represented by counsel, and his death warrant makes clear that executive clemency was considered and rejected.
As this Court has repeatedly held, the clemency process is "an executive function," and, "in accordance with the doctrine of separation of powers, we will not generally second-guess the executive's determination that clemency is not warranted." Pardo v. State, 108 So. 3d 558, 568 (Fla. 2012). Accordingly, we conclude that the circuit court did not err in denying mandamus relief.
Moreover, to the extent Davis, through clemency counsel, alleges specific deficiencies in his clemency interview, which took place in 2013, he has not demonstrated why these allegations could not have been brought prior to the week before his impending execution in July 2014. We emphasize in addition that, although we have addressed and rejected Davis' clemency claim on the merits in light of his impending execution, our failure to address the State's allegations regarding the venue and timeliness of the circuit court action should not be construed as a comment or adjudication regarding those allegations.
Because we have denied the petition, we also deny the motion for stay of execution filed by clemency counsel on July 2, 2014.
No motion for rehearing shall be allowed. LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur. A True Copy
Test:
John A. Tomasino
Clerk, Supreme Court
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Served:
HON. HOWARD L. DIMMIG, II
ROBERT ARTHUR YOUNG
PETER MILLS
STEPHEN D. AKE
CANDANCE SABELLA
TIMOTHY ARTHUR FREELAND
PETER ANTONACCI
LORENA ANDREA HOLLEY
MARION DREW PARKER
HON. STACY M. BUTTERFIELD, CLERK
HON. WILLIAM BRUCE SMITH, CHIEF JUDGE
RICHARD EDWARD KILEY
ALI ANDREW SHAKOOR
JOSEPH S. WHITE
RANA MARIE WALLACE
HON. DONALD G. JACOB SEN, JUDGE
JOHN AGUERO