PER CURIAM.

David Alan Gore, a prisoner under sentence of death, appeals the summary denial of his successive motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.851. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. On February 28, 2012, the Governor signed a death warrant for Gore, with the execution scheduled for April 12, 2012. Gore subsequently sought postconviction relief in the circuit court, presenting five claims. On March 15, 2012, the circuit court entered an order that summarily denied relief on all claims. For the reasons discussed below, we affirm the order of the circuit court. We hold that the recent decision from the United States Supreme Court in Martinez v. Ryan, ___ U.S. ___, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), does not provide Gore with any basis for relief in this Court.

FACTS AND PROCEDURAL HISTORY

On March 15, 1984, a jury found David Alan Gore guilty of the first-degree murder of Lynn Elliott. The facts of the murder were stated in the opinion of this Court affirming the judgment and sentence of death on Gore's initial direct appeal:

Gore v. State, 475 So.2d 1205, 1206 (Fla. 1985) (Gore I), cert. denied, 475 U.S. 1031, 106 S.Ct. 1240, 89 L.Ed.2d 348 (1986).

On direct appeal, this Court affirmed the convictions and death sentence. See id. The Court subsequently affirmed the denial of Gore's initial rule 3.850 motion for postconviction relief and denied his petition for writ of habeas corpus. See Gore v. Dugger, 532 So.2d 1048, 1051 (Fla.1988) (Gore II). However, the United States District Court for the Middle District of Florida granted Gore's federal petition for writ of habeas corpus and vacated his death sentence because the trial court had precluded Gore from presenting nonstatutory mitigating evidence in violation of Hitchcock v. Dugger, 481 U.S. 393, 107 S.Ct. 1821, 95 L.Ed.2d 347 (1987), and Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978). See Gore v. Dugger, 763 F.Supp. 1110, 1114, 1116 (M.D.Fla.1989) (Gore III), aff'd, 933 F.2d 904, 905 (11th Cir.1991) (Gore IV), cert. denied, 502 U.S. 1066, 112 S.Ct. 956, 117 L.Ed.2d 123 (1992). After a resentencing proceeding, a jury unanimously recommended death, and the trial court followed that recommendation. On appeal, this Court affirmed the sentence. See Gore v. State, 706 So.2d 1328, 1336 (Fla.1997) (Gore V), cert. denied, 525 U.S. 892, 119 S.Ct. 212, 142 L.Ed.2d 174 (1998). This Court subsequently affirmed a postconviction court order that denied Gore relief under Florida Rule of Criminal Procedure 3.850 and also denied a petition for writ of habeas corpus filed by Gore. See Gore v. State, 964 So.2d 1257, 1277-78 (Fla.2007) (Gore VI), cert. denied, 552 U.S. 1197, 128 S.Ct. 1250, 170 L.Ed.2d 89 (2008). On April 11, 2008, the United States District Court for the Southern District of Florida denied a second federal habeas petition filed by Gore. See Gore v. McDonough, No. 07-22637-CIV-LENARD/TORRES (S.D. Fla. order filed Apr. 11, 2008). The United States Court of Appeals for the Eleventh Judicial Circuit subsequently denied Gore a "certificate of appealability," see Gore v. Secretary, Department of Corrections, No. 08-14060-P (11th Cir. order filed Sept. 9, 2008), and the United States Supreme Court denied certiorari review, see Gore v. McNeil, ___ U.S. ___, 129 S.Ct. 2382, 173 L.Ed.2d 1300 (2009).

Gore raised the following claims in his successive postconviction motion filed after issuance of the warrant:

With regard to the first claim, Gore stated that his clemency "update" process was applied in an arbitrary and capricious manner in violation of the United States and Florida Constitutions. Although Gore first received a clemency proceeding in 1987, the clemency proceeding to which Gore's claim is directed occurred in 2012. Subsequent to the 1987 proceeding, Gore's death sentence was overturned due to the refusal of the trial court to allow the presentation of mitigation evidence. Gore contends that the clemency board's 1987 investigation was "hardly accurate" because it was devoid of mitigating evidence presented during his 1992 resentencing proceeding. Gore stated that he learned of the 2012 clemency proceedings only after his death warrant was signed and, therefore, was unable to present information on his own behalf. Gore contends that the clemency process was one-sided because it included input from only the State, the victims, and the media, and therein denied his right to due process.

In his second claim, Gore alleged that the Governor of Florida wields an arbitrary and standardless power to sign death warrants, thereby rendering the Florida capital sentencing scheme unconstitutional. Gore notes that there are at least forty-two other death row inmates who are currently eligible for a death warrant, and the only reason he was selected was because a newspaper editorial board expressed an interest in the execution of Gore.

In his third claim, Gore alleges that newly discovered evidence establishes that he was denied the effective assistance of counsel during his resentencing. Following the Eleventh Circuit Court of Appeals' affirmance in May 1991 of the federal district court order granting Gore relief from his death sentence, Robert Udell was appointed to represent Gore during his resentencing proceedings, which ultimately resulted in a unanimous jury recommendation of death. During subsequent postconviction proceedings, Gore alleged that his resentencing counsel were ineffective. During the 2003 evidentiary hearing, Udell testified with regard to his representation of Gore, which included a discussion of why certain decisions were made. Thereafter, this Court affirmed the denial of postconviction relief and concluded that penalty phase counsel were not deficient.

Gore asserted that, unknown to postconviction counsel, the postconviction court, and this Court, Udell was not a credible witness. In October 2009, Udell was disbarred from the practice of law by this Court. Among other admissions, Udell admitted to submitting several affidavits and filing several motions for fees that contained false information about services performed for clients between 2005 and 2008. According to Gore, Udell's disbarment and his failure to be truthful indicate he is unable to be honest, even under oath. Resentencing co-counsel Jerome "Jay" Nickerson, who did not testify during the postconviction proceedings, informed current defense counsel that during the resentencing, Udell was responsible for preparing all mitigation other than mental health mitigation and rebuttal to the evidence in aggravation presented by the State. However, when Nickerson arrived just before the penalty phase, he discovered that Udell had done nothing to prepare for the resentencing. Udell had not spoken to, or met with, the mitigation witnesses, and he had not prepared for any of the evidence that the State intended to present. Gore contended that because this Court relied so heavily on testimony from Udell during the postconviction evidentiary hearing, the prejudice analysis that this Court conducted with regard to Gore's ineffectiveness claims was flawed. Gore requested an evidentiary hearing so he could establish that Udell's penalty phase representation was deficient.

Fourth, Gore alleged that he was denied the effective assistance of counsel during his postconviction proceedings. Resentencing co-counsel Nickerson did not testify during the evidentiary hearing because collateral counsel claimed that he was unable to locate Nickerson. This Court stated that Gore's failure to produce Nickerson at the hearing contributed to the failure of Gore to satisfy the legal burden of an ineffective assistance of counsel claim. In his successive motion, Gore contended that the failure of postconviction counsel to produce Nickerson during the collateral proceedings constituted deficient performance that prejudiced Gore. Because Gore's first opportunity to obtain review of resentencing counsel's effectiveness was during his postconviction proceeding, Gore asserted that collateral counsel owed him the duty of effective representation.

In his final claim, Gore contended that, given the length of time he has already spent on death row, adding execution to that punishment would constitute cruel and unusual punishment in violation of the United States Constitution and binding norms of international law.

The circuit court held a hearing on the successive motion on March 13, 2012. After hearing legal arguments, and considering the motion and the State's response, the circuit court entered an order on March 15, 2012, summarily denying the successive motion. On March 26, 2012, Gore filed his initial brief with this Court raising the same issues that were raised in his successive motion.

ANALYSIS

Standard of Review

In Walton v. State, 3 So.3d 1000 (Fla.2009), this Court articulated the standard of review of a summarily denied postconviction claim:

Id. at 1005. Because the circuit court summarily denied each of Gore's claims, the parameters articulated in Walton are applicable to each issue presented by Gore.

Newly Discovered Evidence

Gore contends that the 2009 disbarment of his penalty phase counsel, Robert Udell, constitutes newly discovered evidence, and that the circuit court erred when it denied this claim without an evidentiary hearing. We disagree.

To obtain relief on the basis of newly discovered evidence, a defendant must satisfy a two-prong test:

Johnston v. State, 27 So.3d 11, 18-19 (Fla. 2010). We conclude that regardless of whether Gore can establish due diligence in discovering the disbarment of Udell, he cannot establish that the disbarment "would probably yield a less severe sentence." Id.

As a preliminary matter, Gore fails to demonstrate how the disbarment of Udell in 2009 for conduct that occurred from 2005 through 2008 establishes that he was ineffective during the resentencing trial in 1992. The asserted attorney misconduct that occurred more than a decade after a resentencing proceeding, and had no relation whatsoever to a particular defendant, is not relevant to the representation of this defendant more than a decade before. Therefore, we conclude that Udell's 2009 disbarment, which occurred seventeen years after the resentencing proceeding, is not the type of evidence that, if considered by a jury on retrial, would probably "yield a less severe sentence." Id.; see also Wyatt v. State, 71 So.3d 86, 100 n. 14 (Fla.2011) (noting that not all new evidence "is the equivalent of newly discovered evidence for the purposes of establishing a postconviction claim").

Furthermore, this Court has previously rejected a claim that Udell's disbarment constitutes newly discovered evidence for purposes of impeaching his postconviction evidentiary hearing testimony. In Kearse v. State, No. SC11-244 (Fla. Oct. 21, 2011) (75 So.3d 1244) (table report), a capital defendant filed a successive rule 3.851 motion. Kearse argued that his initial postconviction motion alleging ineffective assistance of penalty phase counsel should be reexamined in light of newly discovered evidence that his trial counsel, Robert Udell, submitted false fee affidavits during the period of 2005 through 2008 and was disbarred for this conduct in October 2009. The circuit court summarily denied Kearse's successive motion.2

On appeal, this Court unanimously affirmed the trial court's denial in a brief order that provided:

Kearse v. State, No. SC11-244, order at 1. We similarly conclude that the use of Udell's disbarment to impeach his credibility during Gore's initial postconviction proceeding after resentencing would not produce a different result with regard to the claim that penalty phase counsel were ineffective. This Court, in affirming the denial of the rule 3.850 motion in Gore VI, held that the prejudice prong of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), had not been satisfied.

In his appeal from the circuit court's denial of his initial motion for postconviction relief after resentencing, Gore asserted that his penalty phase counsel were ineffective for: (1) calling witness Robert Stone, who testified with regard to parole possibilities; (2) failing to provide an expanded instruction on the cold, calculated, and premeditated aggravating factor (CCP); (3) failing to discover and expose to the jury on cross-examination that the State's mental health expert charged more than $27,000 for his testimony; and (4) failing to discover and present witnesses who could testify to the mitigating circumstance that Gore suffered from neurologic disorders due to exposure to toxic chemicals used in citrus agriculture.3 In our decision affirming the denial of relief, this Court found that co-counsel Nickerson — not Udell — served as lead counsel during the resentencing and made the majority of strategic decisions.4 Most of the conclusions reached by this Court addressed conduct by Nickerson, and Udell's testimony during the evidentiary hearing with regard to the decisions of Nickerson was tangential at best.

For example, with regard to the calling of witness Stone, we noted in Gore VI that the decision to do so was "made solely by Nickerson," and this Court held that Nickerson had a strategic reason for his actions, despite Udell's testimony to the contrary that "we all kn[e]w that Mr. Stone was not going to be friendly to David Alan Gore in his testimony." 964 So.2d at 1269. Further, we concluded that even if Nickerson was deficient, "there was no prejudice." Id. at 1270. The testimony of Udell played little to no role in our determination of this issue. With regard to this claim, we stated "it appears that Gore's counsel should have located and presented evidence from Nickerson, as his testimony would have directly revealed his strategies in calling Stone." Id. (emphasis supplied).

With regard to the failure to propose an expanded CCP instruction, we concluded that penalty phase counsel were not deficient because "Gore's counsel was not even required to initially object to this standard CCP instruction as this jury instruction was considered proper [at the time of Gore's resentencing proceedings]." Id. at 1275. We then held that Gore had failed to establish prejudice, concluding that "the jury would have returned a finding of CCP due to the overwhelming evidence of this aggravator." Id. at 1276.

With regard to the failure to expose the State mental health expert's fee on cross-examination, we concluded that Gore had not met his burden of establishing ineffectiveness because "Udell cannot provide evidence about what Nickerson may have been thinking in his decisions, and Nickerson was not produced as a postconviction witness." Id. at 1271. We then concluded that "Nickerson's decision to not impeach through questions targeted at financial bias can certainly be viewed as `sound trial strategy.'" Id. We also held that even if deficiency was established, Gore failed to demonstrate prejudice because the expert's "testimony was not essential to the trial court finding the existence of no statutory mitigators on resentencing." Id. at 1272. The opinion provided:

Id. Moreover, we concluded that even if the State expert had been impeached with financial bias, "a death sentence would have likely still resulted due to the strength of the six aggravators that were independently found." Id.

Finally, with regard to the failure to present evidence of exposure to toxic chemicals, we held that the failure of penalty phase counsel to pursue this theory was not deficient:

Id. at 1274 (emphasis supplied). We also concluded that Gore had not shown prejudice because

Id. at 1275.

Thus, our 2007 decision in Gore VI demonstrates that, as in Kearse, even if evidence of Udell's disbarment was introduced to impeach his testimony during the evidentiary hearing, this evidence is not of such a nature that it would probably produce a less severe sentence, or even a conclusion that penalty phase counsel were ineffective. Such a conclusion is even stronger than it was in Kearse. Here, this Court evaluated the ineffective assistance claims based upon attorney Nickerson's performance. Accordingly, to the extent that Udell did testify, it contributed little to our ultimate determination as to Nickerson's actions during Gore's resentencing proceedings. This is in contrast to Kearse, where Udell was the only attorney who represented Kearse and, therefore, testified during the evidentiary hearing to his own strategic decisions during Kearse's trial.5

The record conclusively demonstrates that Gore is not entitled to relief based upon a claim of newly discovered evidence, and we affirm the summary denial of this claim by the circuit court.

Ineffective Assistance of Postconviction Counsel

Gore next contends that during the initial collateral review proceedings, his postconviction counsel was ineffective for failure to locate penalty phase co-counsel Nickerson and present his testimony. Gore asserts that the recent decision of the United States Supreme Court in Martinez, 132 S.Ct. 1309, creates a new and independent cause of action for ineffective assistance of collateral counsel in our state courts system. While the decision in Martinez does contain expansive language, a proper analysis reveals that the Supreme Court specifically declined to address the issue of whether a constitutional right to effective assistance of collateral counsel exists:

Id. at 1313. Even Justice Scalia in his dissent acknowledged that the majority chose to evade this issue. See id. at 1326 (Scalia, J., dissenting) (noting that the reframing of the issue "avoid[ed] the Court's need to confront the established rule that there is no right to counsel in collateral proceedings"). It appears that Martinez is directed toward federal habeas proceedings and is designed and intended to address issues that arise in that context.

Here, Gore previously received full consideration of his ineffective assistance of penalty phase counsel claims in the postconviction court and a comprehensive review of those claims during his appeal before this Court. Gore has received a full collateral review to which he is entitled in the Florida state courts system. We hold that under the facts and circumstances of this case, Martinez provides Gore with no basis for relief in this Court.

Even if the United States Supreme Court in Martinez had chosen to alter decades of precedent and hold that a claim of ineffective assistance of collateral counsel is now an independent, cognizable claim — which we conclude that it did not — Gore still could not establish that he is entitled to relief under Strickland due to the failure of collateral counsel to locate Nickerson. As previously discussed, this Court and the trial court found that Gore failed to establish prejudice on his claims of ineffective assistance of penalty phase counsel. Thus, even if collateral counsel had been deficient for a failure to locate and present Nickerson as a witness during the evidentiary hearing, Gore cannot demonstrate that confidence in the outcome of the postconviction proceedings would have been undermined if Nickerson had testified. Therefore, his claim of ineffective assistance of collateral counsel would not succeed.

Gore's challenges to the effectiveness of his collateral counsel fail. We affirm the summary denial of this claim.

Clemency Process

In his third challenge, Gore contends that the 2012 clemency proceeding that occurred in this case was applied in an arbitrary and capricious manner in violation of United States and Florida Constitutions. Gore asserts that although numerous individuals were informed of their right to participate in this crucial stage of the criminal proceedings, he was not. Gore also contends that although the Governor may have considered the 2012 proceedings at issue to be an "update" to the prior clemency proceeding in 1987, that characterization ignores that Gore's 1984 death sentence was overturned subsequent to the 1987 proceedings. According to Gore, the only arguably constitutionally valid penalty phase proceeding in this case occurred in 1992, but a full clemency proceeding did not follow this phase. Gore contends that without notice, an opportunity to be heard, or presence of counsel, the 2012 clemency "update" did not comport with due process.

We disagree. The Florida Rules of Executive Clemency expressly provide that "[t]he Governor has the unfettered discretion to deny clemency at any time, for any reason." Fla. R. Exec. Clem. 4 (emphasis supplied). Further, this Court has repeatedly declined to interject itself into what is, under the Florida Constitution, an executive function. For example, in Bundy v. State, 497 So.2d 1209, 1211 (Fla.1986), a defendant under an active death warrant contended that he must be allowed time to prepare and present a second petition for clemency, even though he had already received an earlier clemency proceeding. In denying relief, the Court noted the separation of powers issue that such a claim presented:

Id. (emphasis supplied); see also Glock v. Moore, 776 So.2d 243, 252-53 (Fla.2001) (relying on Bundy to reject capital defendant's claim that he was denied access to a second clemency process because he was not represented by counsel and he did not have an opportunity to present mitigating evidence).

Here, Gore received a clemency proceeding in 1987. He does not allege that this earlier proceeding was deficient. Instead, he alleges that he is entitled to a full updated clemency proceeding because additional mitigation was revealed during his 1992 resentencing proceeding. However, the Court has also rejected clemency challenges on this basis.

In Johnston v. State, 27 So.3d 11, 24 (Fla.2010), the defendant contended that "the clemency proceeding he was provided in 1987 was inadequate because it was held before the postconviction proceedings were concluded and before his mental health issues and life history were fully developed for consideration in the clemency process." In rejecting this claim, the Court noted that "no specific procedures are mandated in the clemency process and that Johnston [was] provided with the clemency proceedings to which he is entitled." Id. at 25-26. We also declined to depart from our prior precedent in which we refused to second-guess the executive branch on matters of clemency. See id. at 26. This Court subsequently relied on Johnston when it rejected a capital defendant's claim that the death penalty in Florida is arbitrary and capricious because although the defendant received a prior clemency proceeding, he did not have the opportunity to present additional information about his life in a more recent clemency proceeding. See Grossman v. State, 29 So.3d 1034, 1044 (Fla.2010) ("Grossman has not provided any reason why this Court should depart from its well-established precedent on this issue, and we thus deny relief on this claim.").

In light of the foregoing, we conclude that the circuit court properly denied this claim without an evidentiary hearing.

Authority of the Governor to Sign Death Warrants

Gore next contends that the allegedly arbitrary power of the Governor to sign death warrants renders the Florida capital sentencing scheme unconstitutional. Our analysis in the previous section applies equally to this claim. The same principles — the Governor's unfettered discretion under the Florida Rules of Executive Clemency, see Fla. R. Exec. Clem. 4, and separation of powers concerns — arise again in the context of a claim that the Governor's decision to sign Gore's warrant was arbitrary and standardless. As recently as last year, we rejected claims that because of the Governor's absolute discretion to sign death warrants, thereby deciding who lives and who dies, the death penalty structure of Florida violates the United States Constitution. See Valle v. State, 70 So.3d 530, 551-52 (Fla.2011) (quoting Marek v. State, 14 So.3d 985, 998 (Fla.2009)), cert. denied, ___ U.S. ___, 132 S.Ct. 1, 180 L.Ed.2d 940 (2011); see also Johnston, 27 So.3d at 24 (rejecting a claim that Florida's clemency process is "arbitrary, lacks standards, [and] is one-sided").

Gore does not dispute that he is eligible for a death warrant, and the signed warrant expressly states that the Governor considered clemency and determined that it was not appropriate. In light of the foregoing, and for the same reasons discussed in the prior issue, this claim also fails.

Length of Time on Death Row

Finally, Gore contends that because of the time that he has already spent on death row, adding execution to that punishment would violate the Eighth Amendment and its ban on cruel and unusual punishment, as well as the Fourteenth Amendment and "binding norms of international law." We reject this claim as both successive and without merit.

Gore previously presented an unsuccessful challenge that extensive time spent on death row constitutes cruel and unusual punishment:

Gore VI, 964 So.2d at 1276. Since this Court's 2007 decision, we have repeatedly rejected similar challenges. See, e.g., Johnston, 27 So.3d at 27 (rejecting a claim that almost twenty-five years on death row constitutes cruel and unusual punishment); Marek v. State, 8 So.3d 1123, 1130-31 (Fla. 2009) (same for twenty-five years on death row); Tompkins v. State, 994 So.2d 1072, 1085 (Fla.2008) (same for twenty-three years on death row). Moreover, on February 15, 2012, Robert Brian Waterhouse — an inmate who had been on death row for over thirty years — was executed. Thus, relief is not warranted on this claim.

CONCLUSION

In accordance with our analysis above, we affirm the summary denial of relief by the circuit court. We further hold that Gore is not entitled to relief from this Court under the recent decision of the United States Supreme Court in Martinez v. Ryan. No motion for rehearing will be entertained by this Court. The mandate shall issue immediately.

It is so ordered.

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.