No. 24-5389

Loran Cole v. Florida

Lower Court: Florida
Docketed: 2024-08-26
Status: Denied
Type: IFP
IFP
Tags: baze-glossip-test due-process equal-protection fourteenth-amendment lethal-injection parkinson's-disease
Key Terms:
DueProcess Punishment HabeasCorpus
Latest Conference: N/A
Question Presented (AI Summary)

Whether Florida courts violated Cole's Fourteenth Amendment Due Process and Equal Protection rights by failing to hold an evidentiary hearing on his as-applied challenge to lethal injection

Question Presented (OCR Extract)

QUESTIONS PRESENTED Mr. Cole is currently facing execution in Florida while suffering from the effects of Parkinson’s disease, a progressive neurological disorder. The state courts violated his Equal Protection and Due Process rights pursuant to the Fourteenth Amendment to the U.S. Constitution, by not allowing him to fully develop his claim with factual development. Accordingly, Mr. Cole raises the following issues: 1. Whether Florida courts violated Cole’s Fourteenth Amendment Due Process and Equal Protection rights by failing to hold an evidentiary hearing on his asapplied challenge to lethal injection. 2. Whether the Baze-Glossip test violates Cole’s Equal Protection and Due Process rights under the Fourteenth Amendment by requiring him to allege an alternative method of execution. 3. Whether Florida’s lethal injection procedures present a substantial and imminent risk that is very likely to cause Cole needless suffering under Glossip v. Gross, 576 U.S. 863 (2015) and Baze v. Rees, 553 U.S. 35 (2008). i

Docket Entries

2024-08-29
Petition DENIED.
2024-08-29
Application (24A202) referred to the Court.
2024-08-29
Application (24A202) for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2024-08-28
Response to application from respondent Florida filed.
2024-08-27
Brief of respondent Florida in opposition filed.
2024-08-27
Reply of Loran Cole submitted.
2024-08-27
Reply of petitioner Loran Cole filed.
2024-08-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2024)
2024-08-25
Application (24A202) for a stay of execution of sentence of death, submitted to Justice Thomas.
2024-08-25

Attorneys

Loran Cole
Ali Andrew ShakoorCapital Collateral Regional Counsel, Petitioner
Ali Andrew ShakoorCapital Collateral Regional Counsel, Petitioner
State of Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent