DueProcess Punishment HabeasCorpus
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
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