The Florida Supreme Court issued a final ruling Thursday, clearing the way for the execution of James Ernest Hitchcock, 70, for the 1976 murder of his 13-year-old step-niece.
In a unanimous decision, the state’s highest court affirmed a lower court’s denial of Hitchcock’s latest appeals and rejected his request to halt the execution scheduled for 6:00 p.m. next Thursday, April 30, 2026.
Governor Ron DeSantis signed the death warrant on March 30, setting the stage for the end of a case that has spanned five decades.
The road to this execution has been one of the most litigated in state history; since his initial conviction in 1977, Hitchcock saw his death sentence vacated and reinstated multiple times due to U.S. Supreme Court rulings and issues with jury instructions.
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The court’s 34-page opinion addressed two primary arguments raised by Hitchcock’s defense. First, attorneys argued that the state unconstitutionally blocked access to public records concerning lethal injection protocols, claiming a lack of transparency regarding potential “cruel and unusual punishment.”
The justices disagreed, noting that Hitchcock failed to identify a “known and available alternative method” of execution that would be less painful.
“No constitutional right exists to discover grievances or to litigate effectively once in court,” the justices noted.
Hitchcock also presented a claim of “actual innocence,” a strategy his team has revisited over several decades. Despite Hitchcock’s 1977 recantation of his original confession—where he attempted to shift the blame to his brother—the court remained unmoved.
The justices reiterated that Florida law does not recognize a freestanding “actual innocence” claim once a defendant has been adjudicated guilty through proper legal channels.
READ: DNA Debate Stalls Florida Execution: Is The “Real Killer’s” Profile Hidden In Inconclusive Data?
The case originated from a brutal incident where Hitchcock, then unemployed and living with his brother Richard’s family, killed his 13-year-old step-niece after a sexual encounter.
Though he originally confessed to choking and beating the girl to keep her from telling her mother, he later testified that his brother was the true killer and that he had only confessed to protect him.
With the Florida Supreme Court’s mandate issued immediately and no motions for rehearing being considered, Hitchcock’s remaining options are now limited to a potential stay from the United States Supreme Court.
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