Opinion
No. SC06-1055.
June 2, 2008.
Lower Tribunal No(s). 90-16875C.
Michael Griffin, a prisoner under sentence of death, appeals the circuit court's summary denial of his successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.851 and the court's denial of his motion to amend that postconviction motion to include an additional claim. Having reviewed the order and record in this case, we find no merit to Griffin's claims and affirm the summary denial of postconviction relief. See Fla.R.Crim.P. 3.851(f)(5)(B) ("If the motion, files, and records in the case conclusively show that the movant is entitled to no relief, the motion may be denied without an evidentiary hearing.); see also Baze v. Rees, 128 S. Ct. 1520 (2008) (affirming judgment of the Kentucky Supreme Court that three-drug protocol used in lethal injection does not violate Eighth Amendment ban on cruel and unusual punishments); Lightbourne v. McCollum, 969 So. 2d 326, 329 (Fla. 2007) (finding that petitioner "failed to show that Florida's current lethal injection procedures, as actually administered through the DOC, are constitutionally defective in violation of the Eighth Amendment");Johnson v. State, 904 So. 2d 400, 412 (Fla. 2005) (concluding that Ring v. Arizona, 536 U.S. 584 (2002), does not apply retroactively to cases that are final).
We also affirm the circuit court's denial of Griffin's motion to amend his postconviction motion because the court did not abuse its discretion in denying leave to amend. See Doorbal v. State, 33 Fla. L. Weekly S107, S113 (Fla. Feb. 14, 2008) ("The refusal of a trial court to grant a party leave to amend a 3.851 motion is reviewed under an abuse of discretion standard.").
It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.