Rumpole has all of the details on the case and execution, which occurred yesterday.
Chavez tried to get a stay from the 11th Circuit and the Supreme Court, both of which were denied. The 11th Circuit opinion, written by Carnes, with a concurrence from Martin is here.
This is how Judge Carnes starts the majority opinion:
Juan Carlos Chavez kidnapped a nine-year-old boy at gunpoint, anally raped
him, verbally taunted and terrorized him, shot him to death, dismembered his body,
discarded his body parts in three planters, and then filled those planters with
concrete. See Chavez v. State, 832 So. 2d 730, 738–41 (Fla. 2002). Facing
imminent execution, Chavez has filed a lawsuit claiming that he may experience
unnecessary pain when the State of Florida executes him by lethal injection. After
conducting an evidentiary hearing, the district court denied Chavez’s request for a
temporary restraining order, preliminary injunction, or stay of execution. This is
his appeal.
That's some powerful writing.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
6 comments:
Easy pickins
The sad fact is that the facts as written by Carnes are true. A horrible case.
procedural due process takes back seat to facts in this case. thx judge carnes
no comment on the seitz event.
Gov. Rick Scott knows how to fire up a crowd... http://miami.cbslocal.com/2014/02/13/death-warrant-signed-for-s-fla-killer/
I've always wondered why the Eleventh Circuit judges describe in such detail the facts of how the petitioners killed their victims. Most of the time those facts are totally irrelevant to the facts important to deciding the petition. The weakest of all is when the judges simply block quote the entire background from the relevant state-court decision. Just screams laziness.
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