Mann v. Palmer, et al, No. 13-11349 (11th Cir. 2013)
Annotate this CaseAppellant, convicted of kidnapping and murder and sentenced to death, moved for a stay of execution and expedited consideration of his appeal of the dismissal of his complaint for failure to state a claim. Appellant had filed a complaint to challenge the method of execution in Florida. The court denied appellant's motion for a stay of execution because he could not establish a substantial likelihood of success on the merits of his complaint where appellant's claims were barred by res judicata; appellant's claims about the new drugs in the three-drug protocol were barred by the statute of limitations, and, even if they were not, appellant had not stated plausible claims for relief under the Eighth Amendment; and appellant received due process in the clemency proceedings provided by the Governor. The court also denied appellant's motion for a stay of execution.
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