BARWICK v. GOVERNOR OF FLORIDA

No. 23-11277-P.

66 F.4th 896 (2023)

Darryl Bryan BARWICK, Plaintiff-Appellant, v. GOVERNOR OF FLORIDA, Attorney General Office, Jimmy Patronis, Chief Financial Officer Wilton Simpson, Commissioner of Agriculture Melinda Coonrod, Chairwoman, Florida Commission on Offender Review Susan Michelle Whitworth, Coordinator, Office of Executive Clemency Stephen Hebert, Director, Office of Clemency Investigations, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Filed: April 26, 2023.


Attorney(s) appearing for the Case

Linda McDermott , Katherine A. Blair , Federal Public Defender's Office, Tallahassee, FL, for Plaintiff-Appellant.

Jason William Rodriguez , Charmaine Mary Millsaps , Office of the Attorney General, Tallahassee, FL, for Defendants-Appellees.

Before: WILSON, ROSENBAUM, and JILL PRYOR, Circuit Judges.


Darryl Bryan Barwick is a Florida death-row prisoner who is scheduled to be executed on May 3, 2023, at 6:00 p.m.

Barwick brought an action under 42 U.S.C. § 1983, arguing that the Governor of Florida and several other state officials violated his constitutional right to due process because...

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