Valle v. State

I dissent from the majority’s decision to remand this case for an evidentiary hearing on Valle’s claim that Florida’s lethal injection protocol is unconstitutional. The record in this case conclusively shows that Valle is not entitled to relief on his claim. Because Valle has not raised a facially sufficient claim that requires a factual determination — but instead makes merely conclusory and speculative allegations about the use of pentobarbital — the post-conviction court did not err in summarily denying Valle’s successive postconviction motion. See Fla. R.Crim. P. 3.851(f)(5)(B) (“If the…