Sun Sentinel Broward Edition

Florida justices lift stay

- The News Service of Florida

The Florida Supreme Court on Friday lifted a stay of execution for a death-row inmate who argued that the state’s lethal-injection method would violate his constituti­onal rights.

Justices issued a 30-page unanimous ruling that rejected arguments raised by attorneys for Jerry Correll, who was convicted in the 1985 stabbing deaths in Orlando of his ex-wife, their 5-year-old daughter, his ex-mother-inlaw and her sister.

Gov. Rick Scott in January ordered Correll’s execution, but it was put on hold pending a U.S. Supreme Court decision in an Oklahoma case that centered on the use of the drug midazolam in the lethal-injection process.

States such as Oklahoma and Florida use midazolam as the first part of a threedrug combinatio­n, and death-row inmates argued it violated constituti­onal protection­s against cruel and unusual punishment.

The U.S. Supreme Court in June upheld the use of midazolam, but the Florida Supreme Court refused to lift a stay of Correll’s execution.

Correll, 59, argued that midazolam posed a higher risk to him because of his alleged brain damage and history of drug use, and the Florida Supreme Court said a circuit judge should consider that issue.

Orange County Circuit Judge Jenifer Davis held a hearing in August and ruled against Correll. The Supreme Court decision Friday upheld Davis’ ruling.

Jones, were also fatally stabbed in the Tampico Drive home they all shared.

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