The Florida Supreme Court today affirmed the death sentence for Richard Barry Randolph, who was convicted of the 1988 murder of Minnie Ruth McCollum in Palatka.
The Court denied Randolph’s appeal of the denial of his fourth successive motion for postconviction relief, rejected his demand for public records, and denied his petition for a writ of habeas corpus, clearing the way for his execution scheduled for November 20, 2025.
Governor Ron DeSantis signed a death warrant directing that Randolph’s sentence be carried out next week.
Randolph has been challenging his conviction and death sentence for over three decades since he was first sentenced to death for the brutal and prolonged attack, sexual battery, and murder of Ms. McCollum, a convenience store manager, during a botched robbery attempt in 1988.
The Court, with Chief Justice Muñiz and Justices Labarga, Couriel, Grosshans, Francis, and Sasso concurring, found that none of Randolph’s arguments warranted relief. Justice Canady was recused from the case.
READ: Florida Death Row Inmate Mark Geralds Waives All Appeals, Clearing Path For Dec. 9 Execution
Denial of Latest Claims
Randolph’s latest filings included an appeal of a circuit court’s summary denial of his postconviction motion and a separate habeas petition. The Supreme Court addressed and rejected each claim:
- Method of Execution: Randolph claimed that the three-drug lethal injection protocol would cause him a torturous death due to his chronic autoimmune disease, lupus. The Court ruled the claim was untimely, procedurally barred, and lacked merit as a matter of law, noting the facts concerning his diagnosis and the execution protocol have been available for years. Furthermore, the Court rejected his proposed alternative methods of execution, stating they were not “readily implemented” or significantly safer.
- Warrant Period and Public Records: Randolph argued that the short 30-day warrant period and the denial of his numerous demands for public records deprived him of a full and fair postconviction proceeding. The Court affirmed the circuit court’s denial of the records requests, citing that some were overly broad or sought confidential information. The justices reiterated their prior rulings, which reject arguments challenging the condensed warrant period as a violation of due process.
- Clemency Process: The Court rejected Randolph’s challenge to the clemency process, which asserted a right to rebut factual findings and receive an updated clemency investigation. The decision cited precedent holding that capital defendants do not possess such rights in the clemency process.
- Habeas Petition (McCoy Claim): Randolph’s habeas petition claimed his trial counsel conceded guilt during the trial without his express consent, a violation of the Sixth Amendment under the 2018 McCoy v. Louisiana U.S. Supreme Court ruling. The Court dismissed this, stating the claim was untimely and procedurally barred. Crucially, the justices noted that Randolph failed on the merits because he admitted he never expressly objected to his counsel’s strategy, which is a necessary element for a successful McCoy claim.
Execution Stay Denied
Given the Court’s findings, it announced it would decline to stay Randolph’s execution or hold oral argument.
Randolph was convicted of first-degree murder, among other related crimes, for the 1988 incident where he broke into a convenience store and repeatedly beat, strangled, stabbed, and sexually assaulted Ms. McCollum, who died six days later from her injuries.
The jury recommended death, and the circuit court imposed the sentence, finding four aggravating circumstances, including that the murder was especially heinous, atrocious, or cruel. The Florida Supreme Court had previously affirmed his conviction and sentence in 1990.
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