Florida Supreme Court Weighs Last-Minute Appeal to Halt Curtis Windom’s Execution

The Florida Supreme Court is reviewing an urgent appeal to stop the August 28 execution of Curtis Windom, a death row inmate convicted of three first-degree murders in 1992.

Attorneys from the Capital Collateral Regional Counsel–Middle Region (CCRC-M) filed the emergency appeal Monday, claiming Florida’s justice system denied Windom due process by allowing an unqualified lawyer to represent him at trial and by rushing his final appeals.

Windom’s legal team argues that the standards for competent counsel in capital cases have evolved since his conviction. In 1992, lawyers were not required to have specific training or experience to handle death penalty cases. The appeal claims Windom’s trial attorney had no capital case experience and failed to conduct a thorough mental health investigation. Under today’s Florida Bar rules, the attorney would not have qualified to handle the case.

In a novel argument, the defense asks the court to apply the Eighth Amendment’s “evolving standards of decency” principle—typically used to challenge cruel and unusual punishment—to the Sixth Amendment right to effective legal counsel. They argue that society now recognizes the need for properly trained attorneys in life-or-death trials.

Windom’s lawyers also say the state violated his due process rights by imposing an abbreviated appeal schedule, which included a weekend without in-person legal visitation. They contend the rushed timeline prevented a meaningful opportunity to present newly discovered evidence: 2013 video statements and letters from the victims’ families opposing his execution.

Family members of Valerie Davis, Mary Lubin, and Johnnie Lee told attorneys they believed a life sentence was sufficient and that an execution would not bring them justice.

The defense maintains this evidence, coupled with inadequate trial representation, shows Windom’s case does not meet the legal standard for Florida’s “most aggravated and unmitigated” cases. They are asking the court to vacate his death sentence and grant a new trial.

The court’s decision will determine whether Windom is executed at 6 p.m. on August 28 or spared.