Skip to main content

Florida SC refuses to block Michael Zack's execution

TALLAHASSEE — The Florida Supreme Court on Thursday unanimously refused to block the scheduled Oct. 3 execution of Michael Duane Zack, rejecting arguments that he should be spared the death penalty because of Fetal Alcohol Syndrome.

Justices upheld an Escambia County circuit judge’s ruling last month against Zack, who was sent to Death Row in the 1996 murder of a woman during a crime spree in Northwest Florida. Attorneys for Zack also are asking a federal appeals court to halt the execution, after a U.S. district judge turned down their arguments.

Zack’s attorneys have contended that he should be shielded from execution because of Fetal Alcohol Syndrome that he suffered because his mother drank alcohol while pregnant. The U.S. Supreme Court has ruled that executing people with intellectual disabilities is unconstitutional — and Zack’s attorneys argue that Fetal Alcohol Syndrome has led to him being intellectually disabled.

But the Supreme Court on Thursday said Zack has raised intellectual-disability arguments over two decades of appeals. As a result, the court opinion said the latest arguments do not meet legal tests for “timeliness” and are procedurally barred.

The opinion, written by Justice Renatha Francis, said Zack’s claim that he should be shielded from execution under the U.S. Constitution’s Eighth Amendment ban on cruel and unusual punishment “is, at its core, the same claim he’s repeatedly raised since 2002.”

“As demonstrated by the extensive history of Zack’s postconviction and habeas proceedings, the facts upon which his intellectual disability claim is predicated have long been known to him and his attorneys,” Francis wrote in the 34-page opinion. “He has long known his IQ score range (the lowest score of 79 was established in 2002) and his experts’ FAS (Fetal Alcohol Syndrome) diagnosis (relied on at trial in 1997). Yet, he relies on this 20-year-old-plus information to now claim he should be deemed intellectually disabled and, thus, categorically exempt from execution. … But Zack raises no newly discovered evidence on this point.”

Also, the opinion said “Zack cited to no new case (legal precedent) announcing a newly recognized, retroactive fundamental constitutional right establishing that FAS is the functional equivalent of an intellectual disability. Rather, it appears Zack improperly sought to have a new fundamental constitutional right recognized.”

Gov. Ron DeSantis on Aug. 17 signed a death warrant for Zack in the murder of Ravonne Smith, who was killed in her Escambia County home after meeting Zack in a bar where she worked. A jury in September 1997 convicted Zack of first-degree murder, robbery with a firearm and sexual battery, records show. He also is serving a life sentence for the murder of Laura Rosillo in Okaloosa County during the 1996 crime spree.

Since the death warrant was signed, Zack’s attorneys have focused heavily in state and federal courts on his diagnosis of Fetal Alcohol Syndrome. They went to the Florida Supreme Court after Escambia County Circuit Judge Linda Nobles on Aug. 31 rejected the arguments and denied a stay of execution.

In a Supreme Court brief, Zack’s attorneys said “the medical community now recognizes the unique cognitive, practical and social impairments inherent to FASD (fetal alcohol spectrum disorders) as indistinguishable from those of ID (intellectual disability).”

“Due to Mr. Zack’s FAS (Fetal Alcohol Syndrome), the most severe form of FASD, he has functioned as intellectually disabled for the entirety of his life,” the brief said. “He is possessed of a lesser culpability and his execution would violate equal protection and constitute cruel and unusual punishment with no legitimate retributive or deterrent effect. Thus, he is categorically exempt from execution and his death sentence must be permanently set aside.”

But Attorney General Ashley Moody’s office urged the Supreme Court to reject the arguments and Zack’s request for a stay. State lawyers wrote in a brief that Zack, 54, cannot use Fetal Alcohol Syndrome to make an intellectual-disability claim under a key U.S. Supreme Court precedent known as Atkins v. Virginia.

“Zack raises an Eighth Amendment claim seeking to expand Atkins v. Virginia, to include a diagnosis of Fetal Alcohol Syndrome, arguing that it is the functional equivalent of intellectual disability,” the state’s brief said. “The expansion-of-Atkins claim is procedurally barred, untimely, and meritless as a matter of law under this (Florida Supreme) Court’s long-standing precedent.”

In arguing against a stay of execution, Moody’s office also cited a 2018 state constitutional amendment known as “Marsy’s Law,” which included a wide range of issues about victims’ rights. While the Supreme Court rejected a stay Thursday, it did not specifically address the Marsy’s Law arguments.

U.S. District Judge Robert Hinkle last week also refused to block the execution. Zack’s attorneys have appealed to the 11th U.S. Circuit Court of Appeals, which had not ruled as of Thursday morning, according to an online docket.

If Zack’s execution is carried out, he would be the sixth inmate put to death this year in Florida.

Source: News Service of Florida, Jim Saunders, September 22, 2023


_____________________________________________________________________

Home  |  Twitter/X  |  Facebook  |  Telegram  | Contact us






"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde

Most viewed (Last 7 days)

China executes 11 members of gang who ran billion-dollar criminal empire in Myanmar

China has executed 11 members of the notorious Ming family criminal gang, who ran mafia-like scam centers in Myanmar and killed workers who tried to escape, Chinese state media reported on Thursday.  The Ming family was one of the so-called 4 families of northern Myanmar — crime syndicates accused of running hundreds of compounds dealing in internet fraud, prostitution and drug production, and whose members held prominent positions in the local government and militia aligned with Myanmar’s ruling junta. 

Florida | Man convicted of leaving girl to be eaten by gators avoids death penalty

After about 4 hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock.  A South Florida man who dropped off a 5-year-old child in the Everglades to be eaten alive by gators nearly 3 decades ago was given a second chance at life as jurors recommended he should spend the rest of his life behind bars instead of being sent to death row. After about four hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock. 

Federal Judge Rules Out Death Penalty for Luigi Mangione in UnitedHealth CEO Killing

NEW YORK — A federal judge has dismissed two charges against Luigi Mangione, the man accused of assassinating UnitedHealthcare CEO Brian Thompson, effectively removing the possibility of the death penalty in the high-profile case.  U.S. District Judge Margaret Garnett ruled Friday that the murder charge through use of a firearm — the only count that could have carried a capital sentence — was legally incompatible with the remaining interstate stalking charges against Mangione.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Death toll in Iran protests could exceed 30,000

In an exclusive report, the American magazine TIME cited two senior officials from the Iranian Ministry of Health, who stated that the scale of the crackdown against protesters on January 18 and 19 was so widespread that 18-wheeler trailers replaced ambulances. In its report, based on testimony from these two high-ranking officials, TIME revealed statistics that differ vastly from the official narrative of the Islamic Republic.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Florida's second execution of 2026 scheduled for February

Florida’s second execution of 2026, a man convicted of killing a grocery story owner, will take place in February. Gov. Ron DeSantis signed the death warrant Jan. 23 for Melvin Trotter, 65, to die by lethal injection Feb. 24.  Florida's first execution will take place just a few weeks earlier when Ronald Palmer Heath is set to die Feb. 10. Trotter was convicted of first-degree murder and sentenced to death in 1987 for strangling and stabbing Virgie Langford a year earlier in Palmetto. 

China executes another four members of powerful Myanmar-based crime family

China has executed another four members of a powerful Myanmar-based crime family that oversaw 41 pig butchering scam* compounds across Southeast Asia.   The executed individuals were members of the Bai family, a particularly powerful gang that ruled the Laukkai district and helped transform it into a hub for casinos, trafficking, scam compounds, and prostitution.  China’s Supreme People’s Court approved the executions after 21 members were charged with homicide, kidnapping, extortion, operating a fraudulent casino, organizing illegal border crossings, and forced prostitution. The court said the Bai family made over $4 billion across its enterprise and killed six Chinese citizens.