In Re: Pedro Medina

109 F.3d 1556, 1997 U.S. App. LEXIS 6187, 1997 WL 136388
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 24, 1997
Docket97-1089
StatusPublished
Cited by80 cases

This text of 109 F.3d 1556 (In Re: Pedro Medina) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re: Pedro Medina, 109 F.3d 1556, 1997 U.S. App. LEXIS 6187, 1997 WL 136388 (11th Cir. 1997).

Opinion

PER CURIAM:

PROCEDURAL HISTORY

Pedro Medina was sentenced to death after a Florida jury found him guilty of auto theft and the first-degree murder of Dorothy James. In Medina v. Singletary, 59 F.3d 1095 (11th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 2505, 135 L.Ed.2d 195 (1996), we affirmed denial of habeas corpus relief as to Medina’s convictions and death sentence. The procedural history, evidence, and facts in the case are presented more fully in our prior opinion and in the opinions of the Florida Supreme Court on direct appeal, Medina v. State, 466 So.2d 1046 (Fla.1985), denial of Medina’s first Rule 3.850 motion, Medina v. State, 573 So.2d 293 (Fla.1990), and denial of Medina’s state habeas corpus petition, Medina v. Dugger, 586 So.2d 317 (Fla.1991).

On June 10, 1996, the United States Supreme Court denied Medina’s petition for a writ of certiorari seeking review of our decision denying his first federal habeas corpus petition. On October 30, 1996, the Governor of Florida signed a warrant for Medina’s execution, to be carried out between December 2 and 9, 1996. The Secretary for the Department of Corrections scheduled the execution for 7:00 a.m. on Thursday, December 5,1996.

On December 2, 1996, counsel for Medina invoked Florida Statutes § 922.07, representing that Medina might be incompetent to be executed. In accordance with Florida law, the Governor stayed the execution and appointed a commission of three psychiatrists to determine Medina’s competency. On December 10, 1996, the psychiatrists issued a report unanimously concluding that “Medina understands the nature and effect of the death penalty and why it has been imposed upon him.” The psychiatrists further opined that Medina was feigning psychosis in an attempt to avoid his execution. On January 6, 1997, the stay of execution was lifted. A warrant for Medina’s execution issued for the period from January 27 through February 3, 1997. The Governor then scheduled Medina’s execution for January 29,1997.

Meanwhile, on December 6, 1996, counsel for Medina filed a second Rule 3.850 motion in the Circuit Court of the Ninth Judicial Circuit (“the trial court”). The motion sought vacatur of Medina’s conviction and sentence or, in the alternative, an evidentiary hearing on the issues raised and a stay of execution. At the same time, counsel filed a motion requesting a determination of Medina’s competency to proceed with his 3.850 motion. On January 10, 1997, Medina’s counsel filed a Rule 3.811 motion for stay of execution pending judicial determination of Medina’s competency to be executed.

On January 14, 1997, the trial court held a hearing on Medina’s motion for a determination of his competency to proceed with the 3.850 motion. By order issued on January 15, 1997, the trial court held that prevailing law provides no “right to competence” in post-conviction proceedings. Even if such a right existed, the trial court held that the evidence introduced by the parties demonstrated that Medina was competent to proceed. The trial court subsequently denied motions for rehearing and reconsideration of Medina’s competency to proceed. On January 16, 1997, the trial court denied Medina’s 3.811 motion, after concluding that no reasonable grounds existed to believe that Medina was not competent to be executed.

On January 21, 1997, the trial court held a hearing on Medina’s 3.850 motion pursuant *1560 to Huff v. State, 622 So.2d 982 (Fla.1993). On January 23,1997, the trial court issued an order denying Medina’s 3.850 motion. The court determined that each claim advanced in the 3.850 motion was procedurally barred. After the trial court denied Medina’s motions for rehearing and reconsideration, Medina appealed the decision to the Supreme Court of Florida.

By order dated January 27, 1997, the Supreme Court of Florida stayed Medina’s execution pending further order. In a decision dated February 10, 1997, 620 So.2d 1241, the Florida Supreme Court then affirmed in part and reversed in part the trial court’s denial of Medina’s motions for post-conviction relief. The supreme court reversed only with respect to the trial court’s denial of an evidentiary hearing on Medina’s competency to be executed. The supreme court concluded that an evidentiary hearing was required because three of the six experts who had examined Medina determined that he was not competent. Accordingly, the Florida Supreme Court remanded for an evidentiary hearing. The United States Supreme Court denied certiorari. Medina v. Florida, — U.S. -, 117 S.Ct. 1330, — L.Ed.2d - (1997).

Prior to the evidentiary hearing, the trial court appointed two independent experts to assess whether Medina was competent to be executed. The court authorized counsel to submit to the experts any supporting documentation. On February 19, 1997, the experts conducted their evaluation of Medina in Florida State Prison. Two days later, the experts submitted their written reports to the court. Each expert concluded that Medina possessed the mental capacity to understand the fact of his pending execution and the reason for it.

On February 24, 1997, the trial court commenced an evidentiary hearing on Medina’s competency to be executed claim that lasted three and one-half days. The trial court allowed the parties to present the testimony of thirty-five witnesses, including twenty-two who testified on behalf of Medina. In addition, the court viewed several hours of videotaped examinations of Medina and considered the voluminous documentary evidence submitted by the parties. After reviewing this evidence, including the experts’ reports, the trial court ruled that Medina was competent to be executed because he understood the fact of his pending execution and the reason for it. The trial court denied Medina’s motion for rehearing. A warrant for Medina’s execution then issued for the period from March 25,1997, to April 3,1997. Medina’s execution is currently scheduled for 7:01 a.m. on Tuesday, March 25,1997.

On March 12, 1997, Medina appealed the trial court’s competency determination to the Supreme Court of Florida. As a testimony to the thoroughness of the trial court’s inquiry, the record on appeal required more than 4,000 pages. The supreme court held oral argument on March 17, 1997. By order issued two days later, the Florida Supreme Court affirmed the trial court’s decision, 620 So.2d 1241. The United States Supreme Court denied certiorari. Medina v. Florida, — U.S. -, 117 S.Ct. 1330, — L.Ed.2d - (1997).

On March 17, 1997, Medina filed his third 3.850 motion in the Circuit Court of the Ninth Judicial Circuit. The motion claimed that newly discovered evidence required the trial court to vacate Medina’s conviction and sentence or, in the alternative, stay the execution pending an evidentiary hearing. On March 18, 1997, the State of Florida submitted a response to Medina’s third 3.850 motion. The response maintained that Medina’s latest post-conviction motion constituted a gross abuse of process because it was based almost entirely upon information which either was known, or could have been known with the exercise of due diligence, prior to the filing of the first 3.850 motion. On March 21, 1997, the trial court issued an order denying Medina’s third 3.850 motion.

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Cite This Page — Counsel Stack

Bluebook (online)
109 F.3d 1556, 1997 U.S. App. LEXIS 6187, 1997 WL 136388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-pedro-medina-ca11-1997.