Florida Execution Challenge
Florida's first double execution in 62 years faces appeals over botched procedure risk
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Florida is set to carry out its first double execution in 62 years on July 28, when inmates James Duckett and Dominick Occhicone are scheduled to be put to death six hours apart. Lawyers for both men have filed federal appeals arguing that executing two people on the same day makes it more likely that at least one will suffer a botched, painful death, according to Naples Daily News.
The joint emergency motion, filed with the 11th Circuit Court of Appeals, warns that the back-to-back scheduling raises the risk of what lawyers call "cruel and unusual punishment." Both men have also filed separate requests for stays of execution and petitions asking the Supreme Court to review their cases, The Palm Beach Post reported.
Why Lawyers Say a Double Execution Is More Dangerous
Defense attorneys argue that running two executions in a single day strains the execution team. Staff must prepare, perform, and recover from one procedure before moving on to the next. That pressure, lawyers say, raises the odds of errors. A mistake in a lethal injection can cause severe pain before death.
Florida uses a three-drug lethal injection protocol. Critics have long questioned whether it causes suffering if not administered correctly. Scheduling two executions just six hours apart gives the team little time to regroup, lawyers argue, according to Herald Tribune.
Duckett and Occhicone: The Cases Behind the Executions
James Duckett was convicted of murdering a child in 1987. His lawyers have raised concerns about disputed DNA evidence in the case, arguing it was never properly tested. They say new analysis could undermine the conviction that put him on death row, News-Journal Online reported.
Dominick Occhicone is also on death row, and if executed, he would become the oldest inmate ever put to death in Florida. He would break back-to-back records set recently by Dusty Ray Spencer and Dennis Sochor. His age and health are among the concerns his attorneys have raised in their appeals.
Florida Has Not Done This Since 1963
The last time Florida executed two inmates on the same day was in 1963 — over six decades ago. Since then, executions in the state have been carried out one at a time. The decision to schedule two on a single date is unusual by modern standards and has drawn sharp legal pushback.
Attorneys filed the joint emergency motion specifically because of the combined risk. A single execution already carries legal and procedural weight. Doubling it in one day, lawyers argue, crosses a constitutional line. The 11th Circuit Court of Appeals will now decide whether to grant a stay, according to The Palm Beach Post.
What Happens Next Before July 28
Both men have appeals moving through federal courts. Their lawyers are asking courts to block the executions before they happen. They have filed petitions for writs of certiorari, which ask the Supreme Court to take up their cases. The clock is running — July 28 is weeks away.
If the courts deny all appeals, Florida will proceed with what would be a historic — and deeply contested — double execution. Legal experts say the unusual scheduling alone may give courts reason to pause, according to Naples Daily News.
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