Opinion
No. SC08-62.
February 6, 2009.
Lower Tribunal No(s). 521980CF008741.
Larry Eugene Mann, a prisoner under sentence of death, appeals the circuit court's order denying a successive motion for postconviction relief, which was filed pursuant to Florida Rule of Criminal Procedure 3.851. Because the order concerns postconviction relief from a sentence of death, this Court has jurisdiction of the appeal under article V, section 3(b)( 1), Florida Constitution.
On appeal, Mann raises four claims: (1) the circuit court erred in summarily denying the claim that newly discovered evidence establishes that lethal injection is unconstitutional; (2) section 27.702, Florida Statutes, is unconstitutional; (3) the circuit court erred in summarily denying the claim that problems regarding Mann's veins and obtaining venous access will raise a substantial probability that Florida's method of lethal injection presents an undue risk of wanton and unnecessary pain; and (4) section 945.10, Florida Statutes, is unconstitutional. Mann is not entitled to relief on his claims. See Lightbourne v. McCollum, 969 So. 2d 326, 330 (Fla. 2007) (denying claim that Florida's method of lethal injection is unconstitutional); Tompkins v. State, 994 So. 2d 1072, 1080 (Fla. 2008) (rejecting claim that litigant was entitled to his own individual hearing on his challenge to Florida's lethal injection procedures); Ventura v. State, SC08-60 (Fla. Jan. 29, 2009) (denying constitutional challenges to sections 27.702 and 945.10, Florida Statutes (2007)).
Accordingly, we affirm the circuit court's order denying the successive motion for postconviction relief.
WELLS, PARIENTE, LEWIS, CANADY, POLSTON, and LABARGA, JJ., concur.
QUINCE, C.J., recused.