Court Holds That Execution by Lethal Injection Does Not Amount to Cruel or Unusual Punishment
In Provenzano v. State, 739 So. 2d 1150 (Fla. 1999), this Court stated that there is a presumption that the members of the executive branch will properly perform their duties in carrying out an execution.
The circuit court determined that there has been no showing of abuse or cruel or unusual punishment in this case.
There is competent, substantial evidence in the record to support this conclusion. See Blanco v. State, 702 So. 2d 1250, 1252 (Fla. 1997) ("As long as the trial court's findings are supported by competent substantial evidence, 'this Court will not substitute its judgment for that of the trial court on questions of fact, likewise of the credibility of the witnesses as well as the weight to be given to the evidence by the trial court.'").
Therefore, we hold that execution by lethal injection does not amount to cruel and/or unusual punishment.
Finally, the testimony of members of the execution team was excluded by the circuit court pursuant to the public records exemptions found in sections 922.10, 922.106, and 945.10(1)(e), (g), Florida Statutes.