A List of Florida Direct Appeals.

Ken Driggs
Attorney at Law
Post Office Box 8416
Atlanta, Georgia 31106-0416

Florida Supreme Court death penalty direct appeal opinions

[Last revision July 5, 2000 with opinions dated June 15, 2000 and the issue of Florida Law Weekly of June 23, 2000]:

On the subject of death penalty proportionality review in Florida see Ken Driggs, "‘The Most Aggravated and Least Mitigated Murders’: Capital Proportionality Review in Florida", St. Thomas Law Review, 11(Spring 1999): 207-288.

On the Florida electric chair see: Jones v. State, 701 So.2d 76 (Fla. 1997) and Provenzano v. Moore, 744 So.2d 413 (Fla. 1999).

On The Death Penalty Reform Act of 2000 see: Allen et al. v. Butterworth, 25 Fla.L.Weekly S277 (Fla. April 14, 2000) and Amendments to Florida Rules of Criminal Procedure 3.851, 3.852, and 3.993, 25 Fla.L. Weekly S285 (Fla. April 14, 2000) and 25 Fla.L.Weekly S395 (Fla. May 17, 2000).

Post-Furman executions carried out to date: 48.

 

2000

(Joaquin J.) Martinez v. State, 25 Fla.L.Weekly S471 (Fla. June 15, 2000). Hillsborough County. Reversed and remanded for a new trial because of a police officer’s testimony as to an opinion of guilt. This is a prosecution for a double homicide sometime between October 17 and 30, 1995. Douglas Lawson was shot to death at his home and his girlfriend Sherrie McCoy-Ward was stabbed to death. Their bodies were found on October 31, 1995. There was very little evidence against Martinez. Circuit Judge J. Rogers Padgett imposed death for McCoy-Ward and life for Lawson. There is no punishment phase discussion. The jury vote is not set out.

(Fred Lorenzo) Brooks v. State, 25 Fla.L.Weekly S417 (Fla. May 25, 2000). Duval County. Conviction affirmed, death sentence reversed because of improper argument by the prosecutor, remanded for a new punishment phase. Nada Carey for Brooks. Brooks’ co-defendant was Foster Brown. On August 28, 1996, Darryl Jenkins was shot by Brooks’ during a crac cocaine transaction gone bad. This jury voted for death 7-5.

(James) Randall v. State, 25 Fla.L.Weekly S317 (Fla. April 20, 2000). Pinellas County. Convictions reduced to second degree. Randall was convicted of the murders of two prostitutes, Wendy Evans about October 20, 1995, and Cynthia Pugh about January 18, 1996. Both were strangled. The jury recommended death 12-0 in each. The Supreme Court finds the evidence only supports convictions of second degree murder and vacates the death sentences as a consequence.

(James Ernest) Hitchcock v. State, 25 Fla.L.Weekly S239 (Fla. March 23, 2000). Orange County. Affirmed. Hitchcock was age 20 at the time of the crime. This jury recommended death 10-2. See earlier decisions at: Hitchcock v. State, 413 So.2d 741 (Fla.), cert. denied, 459 U.S. 960 (1982); Hitchcock v. State, 432 So.2d 42 (Fla. 1983); Hitchcock v. Dugger, 481 U.S. 393 (1987); Hitchcock v. State, 578 So.2d 685 (Fla. 1990), cert. denied, 502 U.S. 912 (1991); Hitchcock v. Florida, 505 U.S. 1215 (1992); Hitchcock v. State, 614 So.2d 483 (Fla. 1993); Hitchcock v. State, 673 So.2d 859 (Fla. 1996).

(Scott) Mansfield v. State, 25 Fla.L.Weekly S245 (Fla. March 30, 2000). Osceola County. Affirmed. The conviction is for the rape and sexual mutilation of Sara Robles in the early morning of October 15, 1995 by Mansfield whom she'd met at a Rosie's Pub. The jury recommended death 12-0. The court found two aggravating circumstances: (1) heinous, atrocious, or cruel, and (2) in the course of a rape. As mitigation the court found: (1) Mansfield was an alcoholic, (2) his mother was an alcoholic during his childhood, (3) he had a poor upbringing in a dysfunctional family, (4) he had brain damage from head trauma and alcoholism, and (5) he behaved himself during trial. There is a discussion of proportionality rejecting relief.

(Terry Paul) Ray v. State, 25 Fla.L.Weekly S96 (Fla. February 3, 2000). Holmes County. Conviction affirmed, death sentence reduced to life on proportionality. Ray and his cousin, Roy Hall, rob a liquor store on September 17, 1996, shooting to death Deputy Lonny Lindsey who pulled over to check their disabled truck after the robbery was completed. Lindsey shot Hall with a shotgun first. Ray has a low IQ; their ages are not given in the opinion. The jury recommended death 7-5. Hall was sentenced to life even though there was evidence he was the shooter. Ray’s death sentence is reduced to life on proportionality grounds with heavy emphasis on Hall’s life sentence.

(Jesus) Delgado v. State, 25 Fla.L.Weekly S79 (Fla. February 3, 2000). Dade County. Convictions affirmed, one of two death sentences reduced to life on proportionality. This is the burglary of a home by Delgado and the shooting/stabbing murders of both occupants, Violetta and Tomas Rodriguezes, on August 30, 1990. Heinous, atrocious, and cruel (HAC) is found on Violetta who was also pistol whipped. The jury recommended death 12-0 on Violetta and 7-5 on Tomas. The death sentence for Tomas is reduced to life on proportionality.

(Andrea Hicks) Jackson v. State, 25 Fla.L.Weekly S53 (Fla. January 27, 2000). Duval County. Reversed. This is a fourth resentencing in a 1983 murder of police officer Gary Bevell. This was a resentencing by the court only, no jury was empaneled. The reversal here was based on the trial court’s denial of Jackson’s pro se request to be present. See Jackson v. State, 498 So.2d 406 (Fla. 1986); Jackson v. Dugger, 547 So.2d 1197 (Fla. 1989); Jackson v. State, 648 So.2d 85 (Fla. 1994); Jackson v. State, 704 So.2d 500 (Fla. 1997). Nancy Daniels and Bill McLain for Jackson.

(Manuel Antonio) Rodriguez v. State, 753 So.2d 29 (Fla. 2000). Dade County. Affirmed. His co-defendant was Luis Rodriguez (they are not related) who was allowed to plead guilty to second degree murder and a life sentence in exchange for his testimony. In December 1984 Bea Joseph, Sam Joseph, and Genevieve Abraham were murdered in a Miami apartment building, each shot in the head at close range. The defendants were turned in in 1992 for reward money. Manuel had 71 prior violent felony convictions and was on probation and parole at the time of the murders. The jury recommended death 12-0 in all three murders.

(Michael Duane III) Zack v. State, 753 So.2d 9 (Fla. 2000). Escambia County. Affirmed. This is the June 13, 1996, sexual battery and murder of Ravonne Kennedy Smith as part of a length crime spree which included one other rape. The jury recommended death 11-1. Four statutory aggravators are found including HAC and CCP. Zack was 27 at the time of the crime. Zack did not raise proportionality but it is raised at some length in the opinion.

1999

(Keith) Brennan v. State, 24 Fla.L.Weekly S495 (Fla. October 21, 1999). Lee County. Conviction affirmed, death sentence reduced to life. This is for the March 10, 1995, murder of Tommy Owens while stealing his car. His throat was cut and he was hit with a baseball bat. The jury vote was 8-4. See a co-defendant at Nelson v. State, 24 Fla.L.Weekly S250 (Florida May 27, 1999).

(Michael) Robinson v. State, 24 Fla.L.Weekly S393 (Fla. August 19, 1999). Orange County. Affirmed. This is a bench trial with no jury vote. Robinson plead guilty to the murder and asked for death. See earlier opinion at 684 So.2d 175 (Fla. 1996). The victim is Jane Silvia, whom Robinson had been dating, who is beat to death in her sleep to avoid his being prosecuted for stealing her VCR.

(Berry) Kessler v. State, 752 So.2d 545 (Fla. 1999). Pasco County. Reversed on a jury selection issue. This involves the February 3, 1991, shooting murder of Kessler’s business partner, John Deroo, apparently for "key man" insurance proceeds. The jury had recommended death 9-3.

(Tivan) Johnson v. State, 750 So.2d 22 (Fla. 1999). Dade County. Conviction affirmed but death sentence vacated because of Johnson’s absence during a critical point of the sentencing phase. The jury recommended death 8-4. Johnson’s co-defendant was Albert Cooper. This concerns the May 25, 1991, murder of pawnshop owner Charles Barker during an armed robbery. Barker was shot twelve times by both men. Cooper shot first but both men fired with Johnson firing the final shot into Barker’s head. Johnson and Cooper were tried together and the jury recommended death for both 8-4.

(Kyle Barrington) Bates v. State, 750 So.2d 6 (Fla. 1999). Bay County. Affirmed. Bates, who is black, was a delivery person. He entered a Panama City insurance office where he abducted, raped, kidnapped, and stabbed to death a white woman employee. The jury recommended death 9-3. See earlier opinions at: Bates v. State, 465 So.2d 490 (Fla. 1985); Bates v. State, 506 So.2d 1033 (Fla.), cert. denied, 484 U.S. 873 (1987); Bates v. Dugger, 604 So.2d 457 (Fla. 1992), cert. denied, 507 U.S. 992 (1993). Tom Dunn for Bates here.

(David) Jones v. State, 748 So.2d 1012 (Fla. 1999). Duval County. Affirmed. Jones, who was 36 at the time of the crime, was convicted of the January 31, 1995, abduction and strangulation murder of Lori McRae from a parking lot. Jones then made ATM withdrawals from her bank account where he was photographed by security cameras. He was driving the victim’s Chevy Blazer when caught on February 1, 1995. He also confessed. Jones was a drug addict with a 78 IQ. The jury recommended death 9-3. Jones had a 1986 murder conviction. Bill McLain for Jones.

(Robert) Thomas v. State, 748 So.2d 970 (Fla. 1999). Duval County. Reversed on coercion of the jury. No mention of the jury vote. The court sets out fewer facts than usually but this was apparently the kidnapping of a couple, Monye Elvord and Imara Skinner, and murder of Skinner by Thomas and others. No date is given.

(Osvaldo) Almeida v. State, 748 So.2d 922 (Fla. 1999). Broward County. Conviction affirmed, death penalty reduced to life on proportionality. This is for the November 15, 1993, shooting murder of Frankl Ingargiola who embarrassed Almeida in a bar. Almeida was 20 at the time. The jury recommended death 7-5.

(Joshua D.) Nelson v. State, 748 So.2d 237 (Fla. 1999). Lee County. Affirmed. The jury recommended death 12-0. Nelson, age 18, and Keith Brennan murder Tommy Owens on March 10, 1995, with a baseball bat and boxcutter in order to steal his car. The aggs were (1) murder in the course of a robbery, (2) heinous, atrocious, or cruel, and (3) cold, calculated, and premeditated. Note a dissent by Pariente on mitigation information and proportionality review. His co-defendant had his death sentence reduced to life on a holding that 16-year-olds could not be executed. Brennan v. State, 24 Fla.L.Weekly S365 (Fla. July 8, 1999).

(Merle S.) McDonald v. State, 743 So.2d 501 (Fla. 1999). Pinellas County. Affirmed. This is the murder of Dr. Louis A. Davidson on January 25, 1994 by McDonald, Robert Gordon, Denise Davidson who was the victim’s x-wife who received a life sentence, and Susan Shore. Another co-defendant, Denise Davidson, received life. The jury recommended death 9-3. See the co-defendant at Gordon v. State, 704 So.2d 107 (Fla. 1997) who was also sentenced to death.

(Walter) Rutz v. State, 743 So.2d 1 (Fla. 1999). Hillsborough County. Reversed on prosecutorial misconduct. This is a murder for hire case where Rolando Landrian was abducted from his work and shot on April 7, 1995 in a family revenge situation. The jury recommended death 10-2. Steve Bolotin for Rutz.

(Nathan Joe) Ramirez v. State, 739 So.2d 568 (Fla. 1999). Pasco County. Reversed on confession issue. This is for the murder of Mildred Boroski. Ramirez was one month beyond his 17th birthday and "there was uncontroverted evidence of his emotional, intellectual, and behavioral immaturity", 739 So.2d at 581. Good language on the maturity level of minors. The jury vote is not set out in this opinion. Co-defendant Jonathan Grimshaw was sentenced to life.

(Robert) Larkins v. State, 739 So.2d 90 (Fla. 1999). Hardee County. Conviction affirmed previously, death sentence here reduced to life on proportionality. This jury recommended death but the vote is not set out. See earlier decision at Larkins v. State, 655 So.2d 95 (Fla. 1995).

(Albert) Cooper v. State, 739 So.2d 82 (Fla. 1999). Dade County. Conviction affirmed but death sentence reduced to life on proportionality. Cooper and Tivan Johnson robbed a pawn shop on May 25, 1991, and shot Charles Barker to death. Cooper had lots of mitigation including his being borderline retarded. The jury recommended death 8-4.

(Osvaldo) Almeida v. State, 737 So.2d 520 (Fla. 1999). Broward County. Reversed on a confession issue. This is the shooting murder of Chiquita Countys at a Ft. Lauderdale Days Inn on October 13, 1993. Almeida confessed to this and the murders of Marilyn Leath and Frank Ingargiola the same month. The jury voted 9-3 for death.

(Oscar Ray Jr.) Bolin v. State, 736 So.2d 1160 (Fla. 1999). Pasco County. Reversed on a jury issue. This concerns the December 5, 1986, murder of Teri Lynn Mathews in the Land ‘O Lakes post office where she had a post office box. This jury recommended death 12-0. See earlier decision at Bolin v. State, 650 So.2d 19 (Fla. 1995).

(Johnny aka Jamil Alle) Hoskins v. State, 735 So.2d 1281 (Fla. 1999). Brevard County. Death sentence reversed and remanded for a new punishment phase based on the results of a PET scan. See earlier remand for a PET scan at Hoskins v. State, 702 So.2d 202 (Fla. 1997).

(David Paul) Snipes v. State, 733 So.2d 1000 (Fla. 1999). Lee County. Conviction affirmed, death sentence reduced to life on proportionality. Snipes, 17 at the time, shoots Markus Mueller to death with a .38 snub-nose revolver in February 1995 in what reads like a $1,000 contract killing. He was hired by David Bieber, who is now a fugitive. His co-defendant John Saladino in the murder was allowed to pled guilty to second degree murder and sentenced to fifteen years in prison followed by ten years probation. The jury recommended death 11-1. The two aggravating factors were for pecuniary gain and cold, calculated, and premeditated. There was substantial mitigation relating to his mental functioning and childhood and family experience.

(Terry Lee) Woods v. State, 733 So.2d 980 (Fla. 1999). Lake County. Conviction affirmed, death penalty reduced to life on proportionality. This is for the murder of Clarence Langford and the attempted murder of Pamela Langford in a June 12, 1996, shooting incident triggered by a misunderstanding over the sale of an automobile. Woods was 24 and had a 77 IQ. The sentencing court found CCP and prior violent felony (the shooting of Pamela Langford) as aggravators, the Florida Supreme Court reversed CCP. There is considerable non-statutory mitigation. The jury recommended death 8-4.

(Willie) Miller v. State, 733 So.2d 955 (Fla. 1999). Reversed on prosecutorial misconduct. The victim, a security guard named James Wallace, was shot during a robbery of the Jung Lee Grocery Store on April 28, 1995. Miller, 34 at the time, robbed the store with his 16-year-old nephew Samuel Fagin. James Jung was also shot but lived. This jury recommended death 12-0.

(Fernando) Fernandez v. State, 730 So.2d 277 (Florida 1999). Dade County. Conviction affirmed but death sentence reduced to life on Edmund/Tison grounds. This was a January 3, 1992, North Miami bank robbery by five men with Fernandez being a wheelman who did not enter the bank. The others were Leonardo Franqui, Ricardo Gonzales, Pablo San Martin (who got life), and Pablo Abreu (who got life). Four codefendants were tried together with two juries. His jury recommended death 7-5.

(John Loveman) Reese v. State, 728 So.2d 727 (Fla. 1999). Duval County. This was an earlier Campbell remand at 694 So.2d 678 (Fla. 1997). The jury had recommended death 8-4. Here the case is remanded back to the court again because the trial court failed to allow a hearing on the earlier remand. This opinion cites to Hudson III.

(Pressley) Alston v. State, 723 So.2d 148 (Fla. 1999). [double check year] Duval County. Affirmed. The jury recommended death 9-3. The victim was James Lee Coon who disappeared on January 22, 1995. He was shoot twice in the head with a .32 by Alston, assisted by his half brother Dee Ellison during an armed robbery for Coon's Honda automobile. The jury recommended death 9-3. The aggravating circumstances were: (1) three prior violent felonies, (2) for pecuniary gain, (3) to avoid arrest, (4) heinous, atrocious, or cruel, and (5) cold, calculated, and premeditated.

1998

(Alphonso) Cave v. State, 727 So.2d 227 (Fla. 1998). Martin County. Resentencing affirmed. Cave’s co-defendants were John Bush, J. B. "Pig" Parker, and Terry "Bo Gator" Johnson. They rob a convenience store, kidnap the clerk Frances Slater, then rape and murder her by stabbing and shooting her in the back of the head execution-style. Cave had no significant history of prior criminal activity. This jury recommended death 7-5. See earlier opinions at: Cave v. State, 476 So.2d 180 (Fla. 1985) where the jury recommended death 10-2; Cave v. Singletary, 971 F.2d 1513 (11th Cir. 1992); and Cave v. State, 600 So.2d 705 (Fla. 1995) where the jury recommended death 11-1.

(Paul C.) Hildwin v. State, 727 So.2d 193 (Fla. 1998). Hernando County. A new punishment phase death sentence affirmed. The opinion says the jury recommended death but the vote is not set out. This is the strangulation murder of Vronzettie Cox; her body was found in the trunk of her abandoned car. See Hildwin’s earlier decisions at Hildwin v. State, 531 So.2d 124 (Fla. 1988), aff’d with an opinion, 490 U.S. 638 (1989), punishment phase relief in post conviction at Hildwin v. Dugger, 654 So.2d 107 (Fla. 1995).

(Charles D.) Donaldson v. State, 722 So.2d 177 (Fla. 1998). Okaloosa County. Conviction affirmed, death sentence reversed and remanded for new penalty phase. On July 9, 1994, Donaldson, along with Ruben Cisneros, Joseph Wengart, and William Purcell Straham, captured and held in his home 13-year-old Lawanda Latisha Camblell and 15-year-old Donnta Lamar Head. After a few hours of interrogation about drug robberies Donaldson brought Joseph Sykosky to his home and instructed him to shoot the girls, which he did. All participants were street level drug dealers and users. 8-4 jury death recommendation. Donaldson was involved with a 1991 second degree murder.

(James) Guzman v. State, 721 So.2d 1155 (Fla. 1998). Volusia County. Affirmed. This was a bench trial, no jury was involved. Victim David Colvin was found stabbed 19 times and with a .34 blood alcohol level in a motel room on August 2, 1991 following a robbery by Guzman. See earlier decision reversing the initial conviction at 644 So.2d 996 (Fla. 1994).

(Thomas N/K/A/ Askri Abdullah Muhammad) Knight v. State, 721 So.2d 287 (Fla. 1998). Dade County. Resentencing affirmed. The jury recommends death 9-3. This is his original case involving the kidnaping for $50,000 ransom which was paid and shooting murder of a Dade County couple named Gans. Note the proportionality discussion at 721 So.2d at 299-300, the first death penalty opinion to take this up since the amending of Article I, Sec. 17 of the State Constitution. The language suggests proportionality is still part of Florida death penalty law. Muhammad also has a 1980 murder of a prison guard for which he received a death sentence. See earlier decisions at: Knight v. State, 338 So.2d 201 (Fla. 1976); Knight v. State, 394 So.2d 997 (Fla. 1981); Muhammad v. State, 426 So.2d 533 (Fla. 1982); Muhammad v. State, 494 So.2d 969 (Fla. 1986); Knight v. Dugger, 863 F.2d 705 (11th Cir. 1988); Muhammad v. State, 603 So.2d 488 (Fla. 1992).

(Paul Anthony) Brown v. State, 721 So.2d 274 (Fla. 1998). Volusia County. Affirmed. The jury recommended death on a 12-0 vote. This was the stabbing/slashing murder of Roger Hensley during the November 6, 1992, in order to steal his Nissan pick-up truck. Hensley was found in his Ormond Beach apartment. Brown’s co-defendant, Scott Jason McGuire, was allowed to plead to second degree murder and sentenced to 40 years, then testified against Brown.

(Calvin Jerome Jr.) Johnson v. State, 720 So.2d 232 (Fla. 1998). Duval County. Conviction affirmed, death sentence reduced to life on proportionality. The jury recommends death 9-3. This is a shooting murder during a robbery and/or a dispute over a debt. Johnson’s two co-defendants are his brother Anthony Johnson who is tried with him and receives life, and Chiffon Bryant who pleads to time served and testifies for the State.

(Marshall Lee) Gore v. State, 719 So.2d 1197 (Fla. 1998). Dade County. Reversed on prosecutorial misconduct. This concerns the murder of Robyn Novick, last seen alive on March 11, 1988. Her nude body was found in rural Dade County at a trash dump on March 16, 1988. Gore is implicated in the attempted murder of Tina Corolis on March 14, 1988, and the murder of Susan Roark on January 30, 1988. The jury recommended death on a 12-0 vote.

(Robert T.) Hawk v. State, 718 So.2d 159 (Fla. 1998). Pinellas County. Conviction affirmed, death sentence reduced to life on proportionality. The jury recommended death on an 8-4 vote. A 19-year-old deaf man with brain damage, mental illness, and "copious mitigation" kills another deaf couple during a burglary of their home.

(Brandy Brian) Jennings v. State, 718 So.2d 144 1998). Collier County. Affirmed. Jennings, age 26, and Jason Graves, age 18, rob a Cracker Barrel Restaurant in Naples where they both used to work. They murder three employees by cutting their throats. Graves does not receive a death sentence. The jury recommends death 10-2.

(Edward J. II) Zakrezewski v. State, 717 So.2d 488 (Fla. 1998), cert. denied, 119 S.Ct. 488 (1999). Okaloosa County. A guilty plea, death sentence affirmed. Zabrezewski murdered his wife, Sylvia, and his two children, Edward, 7, and Anna, 5, on June 9, 1994, during a period of marital problems. He told a neighbor he would kill them rather than go through a divorce. A Dave Davis case. 7-5 jury death recommendation.

(Arturo) Benedith v. State, 717 So.2d 472 (Fla. 1998). Brevard County. Conviction affirmed, death sentence reduced to life on Enmund/Tison grounds. John Shires was shoot in the face twice on May 5, 1993, in his Melbourne motel room. Benedith apparently killed Shires after responding to an ad to sell Shires' car, but there was no direct testimony of the events surrounding the killing.

(Pablo) San Martin v. State, 717 So.2d 462 (Fla. 1998). Dade County. Conviction affirmed, death reduced to life under Tedder.

His co-defendants were Richardo Gonzalez, Fernando Fernandez, Pablo Abreu, and Leonardo Franqui. San Martin, Franqui, and Gonzalez were tried jointly. This concerns a January 3, 1992, bank robbery during which police officer Steven Bauer was shot. Doctors testified that San Martin had brain injury and was of marginal intelligence.

(Gary) Bowles v. State, 716 So.2d 769 (Fla. 1998). Duval County. Conviction affirmed but death sentence reversed on prosecutorial misconduct -- comments on Bowles homosexuality. Remanded for a new punishment phase. The jury death recommendation was 10-2. Bowles has Savannah, Georgia, murder prosecutions as well. This case concerns the November 1994 murder of Walter Hinton, who was asleep, in Hinton’s mobile home with a concrete block. Bowles had been befriended by Hinton and they had been drinking and smoking marijuana at the time.

(Nicholas Lynn) Hardy v. State, 716 So.2d 761 (Fla. 1998). Palm Beach County. Conviction affirmed, death sentence reduced to life on proportionality. 9-3 jury death recommendation. This is an 18-year-old kid who kills a deputy with his service revolver then shoots himself in the head causing severe brain damage.

(Andre L.) Fisher v. State, 715 So.2d 950 (Fla. 1998). Duval County. Conviction reversed, remand for sentence on second degree murder. Nada Carey for Fisher.

(Derrick) Cummings v. State, 715 So.2d 944 (Fla. 1998). Duval County. First degree murder conviction reduced to second degree.

(Curtis Champion) Green v. Florida, 715 So.2d 940 (Fla. 1998). Polk County. Reserved, remand for sentence on second degree murder.

(Ronald) Jorgenson v. State, 714 So.2d 423 (Fla. 1998). Polk County. Conviction affirmed, death sentence reduced to life on proportionality. 11-1 jury death recommendation. The victim is Tammy Jo Ruzga, a woman Jorgenson had been living with for eight months and a drug user, shoot three times in the head on or about December 2, 1993. Lauerie Kilduff participated in the crime but received immunity. Jorgenson has a prior Colorado conviction for second degree murder, the only aggravating factor found. See Jorgenson v. State, 482 P.2d 962 (Col. 1971).

(Ryan J.) Urban v. State, 714 So.2d 411 (Fla. 1998). Duval County. Conviction affirmed, death sentence reduced to life on proportionality review. A Nada Carey case. 11-1 jury death recommendation not reflected in the opinion. This is a Jacksonville robbery gone bad. Urbin is 17, on drugs at the time, and has a dysfunctional childhood in mitigation.

(Jason James) Mahn v. State, 714 So.2d 391 (Fla. 1998). Escambia County. Conviction affirmed, death sentence reduced to life on proportionality. Mahn kills his father’s live-in girlfriend and her son, Debra Shanko and 14-year-old Anthony Shanko, with whom Mahn was sometimes living. He stabbed them in the home of April 1, 1993. 8-4 jury death recommendation.

(Perry Omar) Buckner v. State, 714 So.2d 384 (Fla. 1998). Sumter County. Death sentence reduced to life on proportionality. Buckner was 18 at the time of the crime. Thaddeus Richardson is dancing with Buckner’s sometimes girlfriend, Latarcia "Tasha" Hampton, at a bar. Buckner shot Richardson five times outside after the bar closed. The jury recommended death 7-5.

(Willie) Miller v. State, 713 So.2d 1008 (Fla. 1998). Duval County. Conviction affirmed, death sentence reversed on use of an improper aggravator, remanded for a new punishment phase. The jury death recommendation was 12-0. This is the shooting murder of a grocery store security guard during a July 5, 1993, robbery.

(Timothy Curtis) Hudson v. State, 708 So.2d 256 (Fla. 1998). Hillsborough County. Death sentence vacated, remanded to the trial court for further proceedings on a Campbell claim. 9-3 jury death recommendation not reflected in the opinion. This is the stabbing murder of Hudson’s domestic companion’s roommate at a time when he was high on crac cocaine. Hudson was sentenced to life by the trial court on remand.

(Samuel Francis) Williams v. State, 707 So.2d 683 (Fla. 1998). Okaloosa County. Conviction Affirmed. Sentence vacated and remanded for the imposition of life on proportionality. 8-4 jury death recommendation. Williams, 18, shoots Bobby Burke during a street corner robbery on September 27, 1994. Only one aggravating circumstance, for pecuniary gain, survives appellate review.

(Paul) Howell v. State, 707 So.2d 674 (Fla. 1998). Jefferson County. Affirmed. 10-2 jury death recommendation. This is the unintended killing of a state trooper with a bomb that Howell, who was in Ft. Lauderdale, directed be delivered to another victim.

(Larry D.) Richardson v. State, 706 So.2d 1349 (Fla. 1998). Volusia County. Reversed and remanded for new trial on the improper use of a confession made during plea negotiations by a pro se defendant. This was Richardson’s third trial for the February 14, 1991, murder of Mrs. Carrier Lee. There is no mention of the jury vote in this opinion.

(Omar Shareef) Jones v. State, 705 So.2d 1364 (Fla. 1998). Duval County. Conviction affirmed, death sentence reduced to life on proportionality. Judy Dougherty for Jones. 7-5 jury death recommendation. After drinking and smoking marijuana Jones, 19, shoots 14-year-old Jefferson Mitchell during a robbery on November 4, 1993.

1997

(Richardo) Gonzales v. State, 700 So.2d 1217 (Fla. 1997). Dade County. Conviction affirmed, new punishment phase ordered on the erroneous admission of a co-defendant confession. The co-defendants were Pablo San Martin, Leonardo Franqui, Fernando Fernandez, and Pablo Abreu. Gonzalez, Franqui, and San Martin were tried together. This was a January 3, 1992, bank robbery during which police officer Steven Bauer was shot and killed. This jury recommended death 7-5.

(James) Walker v. State, 707 So.2d 300 (Fla. 1997). Dade County. Conviction affirmed, death sentence vacated with remand for under Campbell. The victim was Joanne Jones whose bound body was found dumped in a canal on August 22, 1993. There was testimony Walker has an IQ of 76. This jury recommended death 7-5.

(Darius Mark) Kimbrough v. State, 700 So.2d 634 (Fla. 1997). Orange County. Affirmed. This is for the sexual battery and beating murder of Denise Collins [no date given]. Kimbrough was 19 at the time. The jury recommended death 11-1.

(Johnnie Lewis) Norton v. State, 709 So.2d 87 (Fla. 1997). Hillsborough County. Conviction reduced from first degree murder to manslaughter for lack of premeditation evidence.

(William Duane) Ellegde v. State, 706 So.2d 1340 (Fla. 1997). Broward County. Affirmed. Carolyn Snurkowski for the Attorney General. This jury recommended death 9-3. This is for the 1974 murder of Margaret Anne Strack. Elledge also had life sentences for the 1974 murders of Edward Gaffney and Kenneth Nelson. See other opinions at: 346 So.2d 998 (Fla. 1977); 408 So.2d 1021 (Fla. 1981); Elledge v. Graham, 432 So.2d 35 (Fla. 1983); Elledge v. Dugger, 823 F.2d 1439 (11th Cir.), reh’g granted in part, 833 F.2d 250 (11th Cir. 1987); 613 So.2d 434 (Fla. 1993).

(David Allen) Gore v. State, 706 So.2d 1328 (Fla. 1997). St. Lucie County. Affirmed. On July 26, 1983, Gore and his cousin Freddy Waterfield pick up teenagers Lynn Elliott and Regan Martin hitchhiking, took them to Gore’s parents’ house, where they were rapped and Elliott shot twice in the head. Gore is the shooter. The jury recommended death 12-0. See earlier opinions at 475 So.2d 1205 (Fla. 1985); Gore v. Dugger, 763 F.Supp. 1110 (M.D.Fla. 1989), aff’d, 933 F.2d 904 (11th Cir. 1991).

(Omar) Blanco v. State, 706 So.2d 7 (Fla. 1997), cert. petition pending. Broward County. Affirmed. This was a resentencing. 10-2 jury death recommendation following an 8-4 vote in the first trial. This is the January 14, 1982, murder of John Ryan during a burglary of his home. Note the concurring opinions on the felony murder automatic aggravator. See earlier opinions at: 452 So.2d 520 (Fla. 1984), cert. denied, 469 U.S. 1181 (1985); Blanco v. Wainwright, 507 So.2d 1377 (Fla. 1987); Blanco v. Dugger, 691 F.Supp. 308 (S.D.Fla. 1988); Blanco v. Singletary, 943 F.2d 1477 (11th Cir. 1991).

(Pablo) San Martin v. State, 705 So.2d 1337 (Fla. 1998). Dade County. Affirmed. 9-3 jury death recommendation. His co-defendants are Leonardo Franqui and Pablo Abreu. This is the robbery of a Medley, Florida, check cashing business on December 6, 1991, during which Raul Lopez was shot to death. It involved a shotout after the robbers blocked a car transporting money to the bank.

(Bobby Allen) Raleigh v. State, 705 So.2d 1324 (Fla. 1997). Volusia County. Affirmed. This is a guilty plea followed by a punishment phase. This is essentially a domestic situation where Raleigh shoots Douglas Cox in the head three times at Cox’s trailer on June 5, 1994, near Deland because he believes slapped his mother. They then shot and beat Cox’s roommate, Tim Eberlin, killing him. Domingo Figuero, Raleigh’s counsin, is a participating co-defendant in the second murder. Both men confessed. The jury recommended death 12-0.

(Harry Franklin) Phillips v. State, 705 So.2d 1320 (Fla. 1997). Dade County. Affirmed. This is a new penalty phase. Billy Nolas and Julie Naylor for Phillips. The jury recommended death 7-5. See earlier opinions at Phillips v. State, 476 So.2d 194 (Fla. 1985) and Phillips v. State, 608 So.2d 778 (Fla. 1992).

(Broderick Wendell) Monlyn v. State, 705 So.2d 1 (Fla. 1997). Madison County. Affirmed. Monlyn escaped from prison on October 6, 1992, and the next day beat Alton Watson, a former neighbor he apparently had a grudge against, to death in his barn, then stole his money and car. The jury recommended death but no vote is set out in the opinion. Dave Davis for Monlyn.

(Leroy) Pooler v. State, 704 So.2d 1375 (Fla. 1997). Palm Beach County. Affirmed. 9-3 jury death recommendation. Pooler shoots his former girlfriend, Kim Wright Brown, on January 30, 1995.

(Anton D.) Meyers v. State, 704 So.2d 1368 (Fla. 1997). Seminole County. Affirmed. 12-0 jury death recommendation. The victim was 14-year-old Kathy Engels who Meyers tried to rape on May 25, 1987, then slashed her throat when she resisted. After being examined by a psychiatrist and found competent before the punishment phase, Meyers waived the presentation of any mitigation. He raised no sentencing issues on appeal. There is a one paragraph proportionality discussion. 704 So.2d at 1371.

(Gerardo) Manso v. State, 704 So.2d 516 (Fla. 1997). Conviction affirmed, remanded for new competency proceedings and a new sentencing trial. Manso shoots at five coworkers, killing one and injuring two more. He has a prior murder conviction. Manso apparently had a psychotic break in the middle of the trial.

(Anthony Floyd) Wainwright v. State, 704 So.2d 511 (Fla. 1997). Hamilton County. Affirmed. 12-0 jury death recommendation. Wainwright and Richard Hamilton escape from a North Carolina prison. In Hamilton County they kidnap, rape, and shoot in the back of the head Carmen Gayheart then steal her Ford Bronco. Wainwright knew he had AIDS at the time of the rape. Hamilton also received a death sentence.

(Andrea Hicks) Jackson v. State, 704 So.2d 500 (Fla. 1997). Duval County. Nancy Daniels and Bill McLain for Jackson. Remand for reweighing by the trial court. 12-0 jury death recommendation. This is the shooting murder of a Jacksonville policeman questioning Jackson.

(Robert R.) Gordon v. State, 704 So.2d 107 (Fla. 1997). Pinellas County. Affirmed. The victim was Dr. Louis A. Davidson, in a bitter divorce and custody battle with Denise Davidson contracted with Gordon and Merle S. McDonald to kill him. Gordon and McDonald then hired Susan Shore to help. He was killed on January 25, 1994. This jury recommended death 9-3. See a death sentenced co-defendant at McDonald v. State, 743 So.2d 501 (Fla. 1999).

(Toney Deron) Davis v. State, 703 So.2d 1055 (Fla. 1997), cert. denied, 118 S.Ct. 2327 (1998). Duval County. Affirmed. Davis was 22 and the victim, Calesha Cunningham, was two when she was raped and killed on December 9, 1992. Davis had been living with the victim and her mother. 11-1 jury death recommendation.

(Richard Eugene) Hamilton v. State, 703 So.2d 1038 (Fla. 1997). Hamilton County. Affirmed. Hamilton and Anthony Wainwright escaped from a North Carolina prison and headed to Florida. They abducted Carmen Gayheart, a young mother of two, on April 27, 1994, as she was loading groceries into her Ford Bronco. They later raped, strangled and shot her twice in the back of the head. 10-2 jury death recommendation. Dave Davis for Hamilton.

(Stuart Leslie) Pomeranz v. State, 703 So.2d 465 (Fla. 1997). Martin County. Conviction affirmed, death sentence reduced to life under Tedder.

(Johnny Shane) Kormondy v. State, 703 So.2d 454 (Fla. 1997). Escambia County. Conviction affirmed, new punishment phase ordered. The jury recommended death 8-4.

(Jose Antonio) Jimenez v. State, 703 So.2d 437 (Fla. 1997), cert. denied, 118 S.Ct. 1806 (1998). Dade County. Affirmed. 12-0 jury death recommendation.

(Bobbie Lee) Robinson v. State, 702 So.2d 213 (Fla. 1997). Dade County. Reversed.

(Johnny) Hoskins (aka Jamil Alle) v. State, 702 So.2d 202 (Fla. 1997). Brevard County. Conviction affirmed, remand to have a PET scan followed by an evidentiary hearing on the results. This conviction is for the rape/strangulation murder of 80-year-old Dorothy Berger during the October 17-18, 1992, burglary of her home.

(Oba) Chandler v. State, 702 So.2d 186 (Fla. 1997). Pinellas County. Affirmed. 12-0 jury vote in favor of death.

(Martin) Puccio v. State, 701 So.2d 858 (Fla. 1997). Broward County. Conviction affirmed, death reduced to life on proportionality. 8-4 jury death recommendation. Puccio, 20, gets caught up along with several others in the revenge murder of Bobby Kent, who was stabbed to death on July 15, 1993.

(Loran) Cole v. State, 701 So.2d 845 (Fla. 1997), cert. denied, 118 S.Ct. 1370 (1998). Marion County. Affirmed. 12-0 jury death recommendation. Cole and "Kevin", who is not otherwise identified, kill John Edwards by slashing his throat and rape his sister Pam Edwards on February 18, 1994, in the Ocala National Forest, then steal their cars. Chris Quarles for Cole.

(Michael) Shellito v. State, 701 So.2d 837 (Fla. 1997). Duval County. Affirmed. 11-1 jury death recommendation. Nada Carey for Shellito. 18-year-old Sean Hathorne was shot to death in an apparent robbery on the street.

(Thomas James) Moore v. State, 701 So.2d 545 (Fla. 1997). Duval County. Affirmed. Moore was convicted of robbing and killing Johnny Parrish and burning down Parrish’s house on January 21, 1993. 9-3 jury death recommendation. Note a dissent by Anstead who is concerned that proportionality and sufficiency of the evidence was not briefed.

(Dan Patrick) Hauser v. State, 701 So.2d 329 (Fla. 1997). Okaloosa County. Affirmed. Bill McLain for Hauser. A guilty plea and death sentence, no jury vote. This is the strangulation murder of a Fort Walton Beach topless dancer on January 1, 1995, in Hauser’s motel room.

(James Wayne) Hazen v. State, 700 So.2d 1207 (Fla. 1997). Escambia County. Conviction affirmed, death sentence reversed with instructions to impose life. 7-5 jury death recommendation.

(Marbel) Mendoza v. State, 700 So.2d 670 (Fla. 1997). Dade County. Affirmed. 7-5 jury death recommendation.

(Chadwick D.) Banks v. State, 700 So.2d 363 (Fla. 1997). Gadsden County. Affirmed. 9-3 jury death recommendation. This is the shooting murders of Banks’ wife Cassandra Branks and her daughter Melody Coodper on September 24, 1992.

(Richard Tony) Robertson v. State, 699 So.2d 1343 (Fla. 1997), cert. denied, 118 S.Ct. 1097 (1998). Leon County. Conviction affirmed, death sentence reversed with instructions to impose a life sentence on proportionality. Robertson is 19. A FAMU student who befriended a mentally disturbed man, Carmella Fuce, is strangled and murdered by him sometime before her decomposed body was discovered in her apartment on September 2, 1991. 11-1 jury death recommendation. The two approved aggravating circumstances were in the course of a burglary and heinous, atrocious, or cruel.

(Leonardo) Franqui v. State, 699 So.2d 1332 (Fla. 1997). Dade County. Conviction affirmed, death sentence reversed and remanded for a new punishment phase. 9-3 jury death recommendation.

(Leonardo) Franqui v. State, 699 So.2d 1312 (Fla. 1997). Dade County. Conviction affirmed, death sentence vacated and remanded for a new punishment phase. 9-3 jury death recommendation.

(Cruz) Marta-Rodriguez v. State, 699 So.2d 1010 (Fla. 1997). Hillsborough County. Conviction affirmed, death sentence reversed for imposition of life under Tedder.

(Douglas) Escobar v. State, 699 So.2d 988 (Fla. 1997). Dade County. Conviction and sentence reversed.

(Dennis) Escobar v. State, 699 So.2d 984 (Fla. 1997). Dade County. Conviction and sentence reversed.

(Michael) Bell v. State, 699 So.2d 674 (Fla. 1997). Duval County. Affirmed. Michael Bell swore revenge against Theodore Wright for the earlier shooting of his brother Lamar Bell by Wright. On December 9, 1993, he shoots and kills Jimmy West and Tamecka Smith outside a lounge in what sounds like mistaken identity because West had bought Wright's car. West was Wright's half brother. 12-0 jury death recommendations. Bill McLain for Bell.

(Jack R.) Sliney v. State, 699 So.2d 662 (Fla. 1997), cert. denied, 118 S.Ct. 1079 (1998). Charlotte County. Affirmed. 7-5 jury death recommendation. George Blumberg is murdered with a hammer on June 18, 1992, during a robbery of his pawn shop.

(Daniel) Burns v. State, 699 So.2d 646 (Fla. 1997). Manatee County. Affirmed. 12-0 jury death recommendation.

(Ronald) Smith v. State, 699 So.2d 629 (Fla. 1997). Dade County. Conviction affirmed, death sentence reversed and remanded for a resentencing in front of a new jury.

(Robert John) Sager v. State, 699 So.2d 619 (Fla. 1997). Pasco County. Conviction affirmed, death sentence reduced to life, 25 years on proportionality. 8-4 jury death recommendation.

(Mario Albo) Lara v. State, 699 So.2d 616 (Fla. 1997). Dade County. Conviction affirmed, new punishment phase ordered.

(Donald) Voorhees v. State, 699 So.2d 602 (Fla. 1997). Pasco County. Conviction affirmed, death sentence reduced to life on proportionality. 9-3 jury death recommendation. This is a case about three drunks -- Voorhees, his codefendant Robert Sager, and victim Audrey Steven Bostic -- passing some time drinking and leading to Bostic's beating murder on January 3, 1992.

(Gary) Lawrence v. State, 698 So.2d 1219 (Fla. 1997. Santa Rosa County. Affirmed. 12-0 jury death recommendation.

(Eddie Wayne) Davis v. State, 698 So.2d 1182 (Fla. 1997), cert. denied, 118 S.Ct. 1076 (1998). Polk County. Affirmed. This jury recommended death 12-0.

(Warfield Raymond) Wike v. State, 698 So.2d 817 (Fla. 1997). Santa Rosa County. Affirmed. The jury recommended death 12-0. On September 22, 1988, Wike burgarlized the trailer of a former girlfriend and kidnapped her two daughters, Sara, age 6, and Sayeh, age 8. In the woods he raped Sayeh then slit her throat. He also cut the throat of Sara. Sayeh managed to walk out of the woods alive and was rescued by a couple. There was a lot of conflict at trial between Wike and defense counsel but he refused self representation. See earlier decisions at: Wike v. State, 596 So.2d 1020 (Fla. 1992) and Wike v. State, 648 So.2d 683 (Fla. 1994).

(Michael Tyrone) Crump v. State, 697 So.2d 1211 (Fla. 1997). Hillsborough County. Remanded for reweighing and resentencing.

(Eddie Lee) Sexton v. State, 697 So.2d 833 (Fla. 1997). Hillsborough County. Reversed.

(Robert A.) Consalvo v. State, 697 So.2d 805 (Fla. 1996). Affirmed. 11-1 jury death recommendation.

(Michael Thomas) Coolen v. State, 696 So.2d 738 (Fla. 1997). Pinellas County. Conviction reduced to second degree murder.

(Chadwick) Willacy v. State, 696 So.2d 693 (Fla.), cert. denied, 118 S.Ct. 419 (1997). Brevard County. Affirmed. This is a resentencing. 11-1 jury death recommendation.

(Ronnie) Johnson v. State, 696 So.2d 326 (Fla. 1997). Dade County. Affirmed.

(Ronnie) Johnson v. State, 696 So.2d 317 (Fla. 1997). Dade County. Affirmed. 7-5 jury death recommendation.

(Ken Eldon) Lott v. State, 695 So.2d 1239 (Fla. 1997), cert. denied, 118 S.Ct. 452 (1997). Orange County. Affirmed. 12-0 jury death recommendation. The victim, Rose Conners, had earlier hired Lott to do yard work for her. She was killed during a robbery in her home on March 26-27, 1994.

(Edward T.) James v. State, 695 So.2d 1229 (Fla.), cert. denied, 118 S.Ct. 569 (1997). Seminole County. James pleads guilty. Here the death sentence is affirmed. The victims were a woman James rented from and an 8-year-old girl on September 19, 1993. The jury recommended death on each murder but the vote is not given.

(Bobby) Steverson v. State, 695 So.2d 687 (Fla. 1997). Polk County. Reversed for repeated introduction of evidence of a collateral crime, the shooting of a police officer, four days after this murder. This was a murder during an armed robbery of Bobby Lucas at his trailer in May 1995.

(Danny) Rolling v. State, 695 So.2d 278 (Fla.), cert. denied, 118 S.Ct. 448 (1997). Alachua County. Affirmed. Rolling plead guilty to the murder of five students in Gainesville, waived a jury, and was sentenced to death by the trial court. Nada Carey, Dave Davis, Paula Saunders, and Michael Wasserman for Rolling.

(Keydrick) Jordan v. State, 694 So.2d 708 (Fla. 1997). Orange County. Death sentence reversed and remanded for a new punishment phase because of improper testimony. 8-4 jury death recommendation. Chris Quarles for Jordan. The victim was Ann Mintner, shot six times during an August 8, 1992, Orlando car jacking.

(John Loveman) Reese v. State, 694 So.2d 678 (Fla. 1997). Duval County. Conviction affirmed, death sentence vacated and remanded for a new sentencing order on Campbell error. 8-4 jury death recommendation. This was the kidnaping, rape, and strangulation murder of Sharlene Austin on January 28 or 29, 1992.

(Thomas Lee) Gudinas v. State, 693 So.2d 953 (Fla. 1997). Orange County. Affirmed.

(William Gregory) Thomas v. State, 693 So.2d 951 (Fla. 1997). Duval County. Affirmed.

(Lorenzo M.) Jenkins v. State, 692 So.2d 893 (Fla.), cert. denied, 118 S.Ct. 311 (1997). Pinellas County. Conviction affirmed but mercy override reversed, remanded for imposition of a life sentence under Tedder.

(Gerald D.) Murray v. State, 692 So.2d 157 (Fla. 1997). Duval County. Reversed for new trial.

(Michael Alan) Lawrence v. State, 691 So.2d 1068 (Fla. 1997). Escambia County. This is a resentencing where the death sentence is affirmed.

(Dusty Ray) Spencer v. State, 691 So.2d 1062 (Fla.), cert. denied, 118 S.Ct. 213 (1997). Orange County. Affirmed. 7-5 jury death recommendation.

(Robert J.) Long v. State, 689 So.2d 1055 (Fla. 1997). Pasco County. Reversed on insufficient evidence.

(Anthony) Mungin v. State, 689 So.2d 1026 (Fla. 1997). Duval County. Affirmed.

(Alvin Leroy) Morton v. State, 689 So.2d 259 (Fla. 1997). Pasco County. Conviction affirmed, new punishment phase ordered.

(Dean) Kilgore v. State, 688 So.2d 895 (Fla. 1997). Polk County. Affirmed.

 

1996

(Robert A.) Consalvo v. State, 697 So.2d 805 (Fla. 1996). Broward County. Affirmed.

(Dusty Ray) Spencer v. State, 691 So.2d 1062 (Fla. 1996), cert. denied, 118 S.Ct. 213 (1997). Orange County. Affirmed.

(Melvin) Trotter v. State, 690 So.2d 1234 (Fla. 1996). Manatee County. Affirmed. See earlier 576 So.2d 691 (Fla. 1990 ).

(Marvin Barnett) Jones v. State, 690 So.2d 568 (Fla. 1996), cert. denied, 118 S.Ct. 205 (1997). Duval County. Affirmed. 9-3 jury death recommendation on one victim and 12-0 on a second victim.

(Richard) Henyard v. State, 689 So.2d 239 (Fla. 1996), cert. denied, 118 S.Ct. 130 (1997). Lake County. Affirmed. Henyard is 18 at the time of this January 30, 1993, murder. 12-0 jury death recommendation.

(Paul Jennings) Hill v. State, 688 So.2d 901 (Fla. 1996). Escambia County. Conviction and two death sentences affirmed. On July 29, 1994, Hill shoots and kills a Pensacola abortion doctor, Dr. John Baynard Britton, and his escort, James Griffith Barrett, and wounding Mrs. June Barrett. 12-0 jury death recommendation on both murders.

(Terrance) Valentine v. State, 688 So.2d 313 (Fla. 1996). Hillsborough County. Affirmed. See an earlier opinion at Valentine v. State, 616 So.2d 971 (Fla. 1993) reversing on Batson error. On September 9, 1988, Valentine shot his former wife Livia Romero after forcing his way into her and her new husband’s home in Tampa and kidnapping them. She lived but her husband Ferdinand Porche died of gunshot wounds. This was a bench trial so there was no jury vote.

(Matthew Dale) Boyett v. State, 688 So.2d 308 (Fla. 1996). Escambia County. Death sentence reduced to life on Tedder standard. On August 5, 1992, Boyett burglarized Bill Hyter’s home, fatally shooting him in the process. The jury recommended life but no vote is given.

(Joseph Nahume Jr.) Green v. State, 688 So.2d 301 (Fla. 1996). Bradford County. Reversed on improper cross examination of a defense witness and an improper search warrant. Dave Davis on the appeal for Green. At 10:10 p.m. on December 8, 1992, Judy Miscally was using a pay phone at a Starke convenience store when she was robbed and shot to death. The jury recommended death 9-3.

(Darcus) Wright v. State, 688 So.2d 298 (Fla. 1996). St. Lucie County. Conviction affirmed but remanded for imposition of a life sentence on proportionality. 8-4 jury death recommendation.

(Ronnie) Ferrell v. State, 686 So.2d 1324 (Fla. 1996), cert. denied, 117 S.Ct. 1443 (1997). Duval County. Affirmed. 7-5 jury death recommendation.

(Kenneth) Hartley v. State, 686 So.2d 1316 (Fla. 1996), cert. denied, 118 S.Ct. 86 (1997). Duval County. Affirmed.

(Eric) Branch v. State, 685 So.2d 1250 (Fla. 1996), cert. denied, 117 S.Ct. 1709 (1997). Escambia County. Affirmed.

(Memwaldy) Curtis v. State, 685 So.2d 1234 (Fla. 1996), cert. denied, 117 S.Ct. 2521 (1997). Duval County. Conviction affirmed, death sentence vacated and remanded for imposition of life on proportionality. Chet Kaufman for Curtis. 9-3 jury death recommendation.

(Robert Patrick) Craig v. State, 685 So.2d 1224 (Fla. 1996). Lake County. A resentencing where the death sentence was vacated and remanded for yet another sentencing on one murder, death reduced to life under Tedder on another. His codefendant was Robert Schmidt who was allowed to plead to second degree murder. The victims were John Smith Eubanks and Walton Robert Farmer. See earlier decisions at: 510 So.2d 857 (Fla. 1987), cert. denied, 484 U.S. 1020 (1988); 620 So.2d 174 (Fla. 1993).

(Dwayne) Kirkland v. State, 684 So.2d 732 (Fla. 1996). Calhoun County. First degree murder conviction and death sentence reduced to second degree murder.

(Fred) Cummings-El v. State, 684 So.2d 729 (Fla. 1996), cert. denied, 117 S.Ct. 2460 (1997). Dade County. Affirmed. 8-4 jury death recommendation.

(Michael L.) Robinson v. State, 684 So.2d 175 (Fla. 1996). Orange County. Death sentence vacated for new punishment phase. See later opinion affirming his death sentence at 24 Fla.L.Weekly S393 (Florida August 19, 1999).

(William Lee Jr.) Strausser v. State, 682 So.2d 539 (Fla. 1996). Broward County. Conviction affirmed, death sentence reduced to life under Tedder.

(Dana) Williamson v. State, 681 So.2d 688 (Fla. 1996). Affirmed. Broward County. 11-1 jury death recommendation.

(James Patrick) Bonifay v. State, 680 So.2d 413 (Fla. 1996). Escambia County. Affirmed.

(Anthony Joseph) Farina v. State, 679 So.2d 1151 (Fla. 1996). Duval County. Affirmed.

(Jermaine A.) Foster v. State, 679 So.2d 747 (Fla. 1996), cert. denied, 117 S.Ct. 1259 (1997). Orange County. Affirmed. The jury recommended death 12-0.

(Horace Melvin) Pope v. State, 679 So.2d 710 (Fla. 1996), cert. denied, 117 S.Ct. 975 (1997). Polk County. Affirmed. The victim is Alice Mahaffey, beaten, stabbed, and kicked to death by Pope on February 17, 1992. She died eight days later. Pope and the victim were both alcoholics. No mention of a jury in the opinion, it may have been a bench trial.

(Roderick Michael) Orme v. State, 677 So.2d 258 (Fla. 1996), cert. denied, 117 S.Ct. 742 (1997). Bay County. Affirmed. A Dave Davis case. 7-5 jury death recommendation.

(Aileen Carol) Wuornos v. State, 676 So.2d 972 (Fla. 1996). Dixie County. Affirmed. Dave Davis for Wuornos.

(Virginia Gail) Larzelere v. State, 676 So.2d 394 (Fla.), cert. denied, 117 S.Ct. 615 (1996). Volusia County. Affirmed. 7-5 jury death recommendation.

(Mark Allen) Geralds v. State, 674 So.2d 96 (Fla. 1996), cert. denied, 117 S.Ct. 230 (1996). Bay County. Bill McLain for Geralds. Resentencing with death affirmed. 12-0 jury death recommendation. Earlier see 601 So.2d 1157 (Fla. 1992).

(Robin) Archer v. State, 673 So.2d 17 (Fla.), cert. denied, 117 S.Ct. 197 (1996). Escambia County. Affirmed.

(Kenneth Maurice) Terry v. State, 668 So.2d 954 (Fla. 1996). Volusia County. Conviction affirmed, death sentence reduced to life. Barbara Davis for Terry.

1995

(Anthony) Mungin v. State, 689 So.2d 1026 (Fla. 1995). Duval County. Affirmed. 7-5 jury death recommendation.

(Troy Jr.) Merck v. State, 664 So.2d 939 (Fla. 1995). Pinellas County. Conviction affirmed but remanded on sentencing.

(Lloyd Chase) Allen v. State, 662 So.2d 323 (Fla. 1995), cert. denied, 517 U.S. 1107 (1996). Monroe County. Affirmed. Dortha Cribbs was stabbed to death in her home on Summerland Key, on November 13, 1991, by Allen with whom she had a brief romance. 11-1 jury death recommendation.

(Darryl) Barwick v. State, 660 So.2d 685 (Fla. 1995), cert. denied, 516 U.S. 1097 (1996). Bay County. A Bill McLain case. Affirmed. 12-0 jury vote.

(Charles W.) Finney v. State, 660 So.2d 674 (Fla. 1995), cert. denied, 516 U.S. 1096 (1996). Hillsborough County. Affirmed. 9-3 jury vote recommends death. Steve Bolotin for Finney. Sandra Sutherland is stabbed to death in her apartment during what appears to be a January 16, 1991 burglary by Finney.

(Emanuel) Johnson v. State, 660 So.2d 648 (Fla. 1995), cert. denied, 517 U.S. 1159 (1996). Sarasota County. Affirmed. 10-2 jury vote.

(Emanuel) Johnson v. State, 660 So.2d 637 (Fla. 1995), cert. denied, 517 U.S. 1159 (1996). Sarasota County. Affirmed.

(Kevin) Sinclair v. State, 657 So.2d 1138 (Fla. 1995). Brevard County. Conviction affirmed, death sentence reduced to life. 11-1 jury vote.

(Victor Marcus) Farr v. State, 656 So.2d 448 (Fla. 1995). Columbia County. Death sentence affirmed after a second punishment phase. Bill McLain for Farr.

(Joseph Jr.) Besaraba v. State, 656 So.2d 441 (Fla. 1995). Broward County. A homeless alcoholic mentally ill man shots and kills a bus driver and a passenger, then shoots another man while hijacking his car on July 23, 1989. Conviction affirmed, death sentence reduced to life on proportionality. 7-5 jury vote recommends death.

(Curtis) Windom v. State, 656 So.2d 432 (Fla.), cert. denied, 516 U.S. 1012 (1995). Orange County. Affirmed. 12-0 jury death recommendation.

(Byron B.) Bryant v. State, 656 So.2d 426 (Fla. 1995). Palm Beach County. Reversed for new trial.

(Robert) Larkins v. State, 655 So.2d 95 (1995). Hardee County. Conviction affirmed, death sentence vacated and remanded for reweighing. Larkins shot to death convenience store clerk Roberta Faith Nicolas during an August 30, 1994, robbery. The jury recommended death but the vote is not set out. See later opinion at Larkins v. State, 739 So.2d 90 (Fla. 1999).

(Michael Lee) Lockhart v. State, 655 So.2d 69 (Fla. 1995). Pasco County. Affirmed. Lockhart was pro se, plead guilty, and asked for a death sentence. The jury recommended death 12-0. Victim is a 14-year-old girl killed in her own home. Lockhart has Indiana and Texas death sentences as well. Lockhart is executed by lethal injection in Texas on December 9, 1997.

(Michael Tyrone) Crump v. State, 654 So.2d 545 (Fla. 1995). Hillsborough County. Conviction affirmed, death sentence vacated and remanded on Campbell.

(Jimmie Lee) Coney v. State, 653 So.2d 1009 (Fla.), cert. denied, 516 U.S. 921 (1995). Dade County. Affirmed.

(Jack Dempsey) Ferrell v. State, 653 So.2d 367 (Fla. 1995). Orange County. The victim is Mary Esther Williams, Ferrell’s live-in lover, shot twice in the head during an April 18, 1992, argument. Conviction affirmed, remanded for a new sentencing order under Campbell. 10-2 jury death recommendation.

(Anthony) Washington v. State, 653 So.2d 362 (Fla. 1995). Pinellas County. Conviction and death sentence affirmed. This was a mercy override; the jury recommended life.

(Victor Tony) Jones v. State, 652 So.2d 346 (Fla.), cert. denied, 516 U.S. 875 (1995). Dade County. Affirmed. 12-0 jury vote on one victim, 10-2 on a second victim.

(Kenneth) Chaky v. State, 651 So.2d 1169 (Fla. 1995). Columbia County. Conviction affirmed, death sentence reduced to life on proportionality. In 1991 Chaky murders Patricia Chaky, his wife of 16 years, with two blows to the back of the head. His motive was apparently insurance money. The jury recommended death 9-3. Note Chaky had a 1971 conviction for attempted murder in Viet nam which this court discounts because of the war zone circumstances. Dave Davis for Chaky.

(Joseph Jerome) Ramirez v. State, 651 So.2d 1164 (Fla. 1995). Dade County. Reversed on an evidence question. See an earlier opinion at Ramirez v. State, 542 So.2d 352 (Fla. 1989).

(Oscar Ray Jr.) Bolin v. State, 650 So.2d 1995). Pasco County. Reversed. This concerns the December 5, 1986, murder of Teri Lynn Mathews in the Land ‘O Lakes post office where she had a post office box. See later decision at Bolin v. State, 736 So.2d 1160 (Fla. 1999).

1994

(Anthony) Washington v. State, 653 So.2d 362 (Fla. 1994). Pinellas County. Conviction affirmed, death sentence vacated and remanded for a reweighing.

(Kenneth) Watson v. State, 651 So.2d 1159 (Fla. 1994). Dade County. Affirmed. On October 31, 1988, Watson stabbed Mrs. Ella Hickman six times in her home. One wound to the carotid artery was fatal. The jury recommended death 10-2. The aggravating circumstances found were: (1) prior violent felony,(2) in the course of a burglary, and (3) heinous, atrocious, or cruel. There were no mitigating circumstances.

(Rodney Tyrone) Lowe v. State, 650 So.2d 969 (Fla. 1994). Indian River County. Affirmed. 9-3 jury death recommendation.

(John Ruthell) Henry v. State, 649 So.2d 1366 (Fla. 1994), cert. denied, 515 U.S. 1148 (1995). Pasco County. Affirmed. 12-0 jury death recommendation. The victim was his estranged wife Suzanne Henry, he stabbed to death. He also stabbed her 5-year-old son by a previous marriage, Christian, in a case prosecuted in Hillsborough County. See earlier decisions at: Henry v. State, 574 So.2d 73 (Fla. 1991) and Henry v. State, 649 So.2d 1361 (Fla. 1994).

(John Ruthell) Henry v. State, 649 So.2d 1361 (Fla. 1994). Hillsborough County. Affirmed. 11-1 jury death recommendation.

See other decisions at: Henry v. State, 574 So.2d 73 (Fla. 1991); 574 So.2d 66 (Fla. 1991) and Henry v. State, 649 So.2d 1366 (Fla. 1994).

(Gary Richard) Whitton v. State, 649 So.2d 861 (Fla. 1994), cert. denied, 516 U.S. 832 (1995). Walton County. Affirmed. Paula Saunders for Whitton. 12-0 jury death recommendation.

(Warfield Raymond) Wike v. State, 648 So.2d 683 (Fla. 1994). Santa Rosa County. Death sentence again remanded for a new sentencing proceeding. The jury death recommendation was 12-0. This followed an earlier remand for a new sentencing proceeding at 596 So.2d 1020 (Fla. 1992).

(Ronald) Heath v. State, 648 So.2d 660 (Fla. 1994), cert. denied, 515 U.S. 1162 (1995). Alachua County. Affirmed. Dave Davis for Heath. 10-2 jury death recommendation.

(Henry Alexander) Davis v. State, 648 So.2d 107 (Fla. 1994). Polk County. This is a return from a Campbell remand and is affirmed.

(Andrea Hicks) Jackson v. Dugger, 648 So.2d 85 (Fla. 1994). Duval County. Conviction affirmed, new punishment phase ordered. See earlier decisions at: Jackson v. State, 498 So.2d 406 (Fla. 1986), cert. denied, 483 U.S. 1010 (1987) and Jackson v. Dugger, 547 So.2d 1197 (Fla. 1989).

(Derek Todd) Thompson v. State, 647 So.2d 824 (Fla. 1994). Escambia County. Conviction affirmed, death sentence reduced to life. A Dave Davis case. 9-3 jury death recommendation.

(David) Pittman v. State, 646 So.2d 167 (Fla. 1994), cert. denied, 514 U.S. 1119 (1995). Polk County. Affirmed.

(Dusty Ray) Spencer v. State, 645 So.2d 377 (Fla. 1994), cert. denied, 118 S.Ct. 213 (1997). Orange County. Conviction affirmed, death sentence vacated when CCP is thrown out, remanded for further proceedings in front of the judge.

(Norberto) Pietri v. State, 644 So.2d 1347 (Fla. 1994). Palm Beach County. Conviction and death sentence affirmed, a non-capital sentence reversed. 8-4 jury death recommendation. This concerns the fatal shooting of West Palm Beach police officer Brian Chappell in August 1988. Pietrie had just walked away from a work release center, burglarized a home, stole a pick-up truck, then shot Chappell during a traffic stop.

(Aileen Carol) Wuornos v. State, 644 So.2d 1012 (Fla. 1994), cert. denied, 514 U.S. 1070 (1995). Marion County. Affirmed. This case involves Wournos’ first three murder convictions. Chris Quarles for Wournos. The victims are Charles Humphreys who disappeared on September 11, 1990 and was shot seven times, Troy Burress who disappeared on July 30, 1990 and was shot twice, and David Spears whose decomposed body was found in June 1990 and was shot six times. Wournos confessed to each. This jury recommended death 10-2. See also Wuornos v. State, 644 So.2d 1000 (Fla. 1994).

(Aileen Carol) Wuornos v. State, 644 So.2d 1000 (Fla. 1994). Volusia County. Affirmed. This victim was Richard Mallory who disappeared on December 1, 1989, and whose body was found December 13, 1989. He had been shot twice. Evidence concerning six other murders was introduced at trial. This jury recommended death 12-0. See also Wuornos v. State, 644 So.2d 1012 (Fla. 1994), cert. denied, 514 U.S. 1070 (1995). Chris Quarles for Wuornos.

(James) Guzman v. State, 644 So.2d 996 (Fla. 1994). Volusia County. Reversed on the public defender’s conflict of interest. See later opinion at 23 Fla.L.Weekly S511 (Fla. October 1, 1998).

(Ernest) Suggs v. State, 644 So.2d 64 (Fla. 1994). Walton County. Affirmed.

(Henry) Garcia v. State, 644 So.2d 59 (Fla. 1994). Dade County. Affirmed. The victims were two sisters living together: Mabel, 86, and Julia, 90, stabbed and beat to death during a January 16-17, 1983, burglary of their Homestead home. See 564 So.2d 124 (Fla. 1990).

(George Wallace) Brown v. State, 644 So.2d 52 (Fla. 1994). Polk County. Affirmed. 8-4 jury death recommendation.

(Donald David) Dillbeck v. State, 643 So.2d 1027 (Fla. 1994). Leon County. Affirmed. Dave Davis for Dillbeck.

(Sean Patrick) Esty v. State, 642 So.2d 1074 (Fla. 1994), cert. denied, 514 U.S. 1027 (1995). Escambia County. Conviction affirmed, death sentence vacated for life under Tedder. Dave Davis for Esty.

(Lancelot) Armstrong v. State, 642 So.2d 730 (Fla. 1994), cert. denied, 514 U.S. 1085 (1995). Broward County. Affirmed. 9-3 jury vote recommending death.

(Thomas Anthony) Wyatt v. State, 641 So.2d 1336 (Fla. 1994). Indian River County. Affirmed. The jury vote was 12-0 for death.

(Derrick Tyrone) Smith v. State, 641 So.2d 1319 (Fla. 1994), cert. denied, 513 U.S. 1163 (1995). Pinellas County. Affirmed. 8-4 jury vote for death. See an earlier opinion at Smith v. State, 492 So.2d 1063 (Fla. 1986).

(Crosley Alexander) Green v. State, 641 So.2d 391 (Fla. 1994). Brevard County. Affirmed. 8-4 jury vote for death.

(Frank A.) Walls v. State, 641 So.2d 381 (Fla. 1994), cert. denied, 513 U.S. 1130 (1995). Okaloosa County, but tried in Jackson County on a change of venue. Affirmed. Bill McLain for Walls.

(Samuel Jason) Derrick v. State, 641 So.2d 378 (Fla. 1994). Pasco County. This is a punishment phase only and death sentence affirmed. The jury first indicated a 6-6 vote but after a kind of "Allen" charge came back 7-5. This is the June 24, 1987, murder of a store clerk walking home with the day's receipts. See earlier opinion at 581 So.2d 31 (Fla. 1991).

(Ana) Cardona v. State, 641 So.2d 361 (Fla. 1994). Dade County. Affirmed. 8-4 jury vote for death. This is the beating death of Cordona's son, 3-year-old Lazaro Figueroa called in the press "Baby Lollipops", who died on October 31, 1990 after prolonged child abuse. Her codefendant and lesbian companion was Olivia Gonzalez-Mendoza who plead to second degree murder and testified for the State.

(Daniel) Peterka v. State, 640 So.2d 59 (Fla. 1994). Okaloosa County. Affirmed. John Russell is shot on July 12, 1989, in an apparent dispute over a $300 money order Peterka, a Nebraska fugitive, had stolen from him. 8-4 jury vote for death. Dave Davis for Peterka.

(James A.) Morgan v. State, 639 So.2d 6 (Fla. 1994). Martin County. Conviction affirmed, sentence vacated and remanded. 8-4 jury vote for death.

(William) Reaves v. State, 639 So.2d 1 (Fla.), cert. denied, 513 U.S. 990 (1994). Indian River County. Affirmed. The victim is Deputy Sheriff Richard Raczkoski, shot four times by Reaves on September 23, 1986, after the deputy checked for outstanding warrants on him. 10-2 jury vote recommended death.

(Antonio Lebaron) Melton v. State, 638 So.2d 927 (Fla. 1994). Escambia County. Affirmed. This is a shooting-murder during a Pensacola pawn shop robbery. The jury recommended death 8-4. Bill McLain for Melton; Carolyn Snurkowski for the Attorney General.

(Richard W.) Rhodes v. State, 638 So.2d 920 (Fla.), cert. denied, 513 U.S. 1046 (1994). Pinellas County. Affirmed. Rhodes is convicted of the rape and strangulation murder of a woman, not identified in the opinion, in 1984. The body was discovered in debris from the demolition of the Sunset Hotel in Clearwater on March 24, 1985. Rhodes was stopped on March 2, 1985, while driving her car. The jury recommended death 10-2.

(Perry) Taylor v. State, 638 So.2d 30 (Fla.), cert. denied, 513 U.S. 1003 (1994). Hillsborough County. Affirmed. Steve Bolotin for Taylor.

(Carlis) Lindsey v. State, 636 So.2d 1327 (Fla. 1994). Columbia County. Affirmed. Lindsey is 65, the 22-year-old victim Lizziette Row was living with him in a relationship of some sort. On May 23, 1991, Lindsey shot Row and her brother John Steward. The jury recommended death but their vote is not set out. Dave Davis for Lindsey.

(Elmer Leon) Carroll v. State, 636 So.2d 1316 (Fla.), cert. denied, 513 U.S. 973 (1994). Orange County. Affirmed. This conviction is for the October 30, 1990, rape and strangulation murder of 10-year-old Christine McGowan at her Apopka home. There was DNA evidence. Carroll relied upon an insanity defense. The jury recommended death 12-0. Chris Quarles for Carroll.

(Jerome) Allen v. State, 636 So.2d 494 (Fla. 1994). Brevard County. Conviction affirmed, death sentence reduced to life because Allen was only 15. 7-5 jury vote recommending death.

(Steven Edward) Stein v. State, 632 So.2d 1361 (Fla. 1994). Duval County. Affirmed.

(Randall Scott) Knowles v. State, 632 So.2d 62 (Fla. 1993). Nassau County. One murder conviction is reduced to second degree murder. The second murder conviction is affirmed, but the death sentence is vacated and remanded for imposition of a life sentence. The jury recommended death but the vote is not set out in the opinion. Knowles shots a 10-year-old neighbor girl and her father for no apparent reason after a day of drinking and huffing.

(Michael) Mordenti v. State, 630 So.2d 1080 (Fla. 1994). Hillsborough County. Affirmed. 11-1 jury vote for death.

(Steven Richard) Taylor v. State, 630 So.2d 1038 (Fla. 1993). Duval County. Affirmed.

1993

(Jeffrey) Atwater v. State, 626 So.2d 1325 (Fla. 1993), cert. denied, 511 U.S. 1046 (1994). Pinellas County. Affirmed.

(Willie James) King v. State, 623 So.2d 486 (Fla. 1993). Dade County. Conviction affirmed, death sentence vacated and remanded for a new sentencing order. The jury recommended death but the vote is not set out in the opinion.

(Ralph Kermit) Ellis v. State, 622 So.2d 991 (Fla. 1993). Duval County. Reversed. Bill McLain for Ellis.

(Michael Tyrone) Crump v. State, 622 So.2d 963 (Fla. 1993). Hillsborough County. Conviction affirmed, death sentence vacated and remanded for reweighing. 8-4 jury vote for death.

(Victor Marcus) Farr v. State, 621 So.2d 1368 (Fla. 1993). Columbia County. Conviction affirmed, but death sentence remanded for reweighing. Bill McLain for Farr. See 656 So.2d 448 (Fla. 1995).

(George J.) Trepal v. State, 621 So.2d 1361 (Fla. 1993). Polk County. Affirmed. Trepal was convicted of placing poison in soda bottles, placing the bottles in a neighbor’s house, and killing one. There was a 9-3 jury vote for death. In post conviction see: Trepal v. State, 25 Fla.L.Weekly S190 (Fla. March 9, 2000).

(Douglas) Cannaday v. State, 620 So.2d 165 (Fla. 1993). Jackson County. Conviction affirmed, death sentence reduced to life when all the aggravating circumstances were overturned. This concerns the October 1, 1989, murder of his wife, Georgia Cannaday whom he believed had been raped by Gerald Boisvert whom he also killed. He also tried to kill Steve Russ, all in Greenwood, Florida. Cannaday was an alcoholic with brain damage. "In the penalty phase Cannaday testified in his own behalf and asked the jury to impose the death penalty," 620 So.2d at 168. The jury recommended death 10-2.

(Donn A.) Duncan v. State, 619 So.2d 279 (Fla.), cert. denied, 510 U.S. 969 (1993). Orange County. Affirmed. 12-0 jury vote for death.

(Larry Dean) Kramer v. State, 619 So.2d 274 (Fla. 1993). Orange County. Conviction affirmed, death sentence reduced to life on proportionality. 9-3 jury vote for death.

(Robert Carl) Hoefert v. State, 617 So.2d 1046 (Fla. 1993). Pinellas County. First degree murder reduced to second degree and remanded for sentencing accordingly. No mention of the jury vote at punishment phase.

(Terance) Valentine v. State, 616 So.2d 971 (Fla. 1993). Hillsborough County. Reversed on Batson error. The jury recommended death 10-2. On September 9, 1988, Valentine breaks in to the Tampa home of his former wife and her new husband, Livia Romero and Ferdinand Porche, kidnaps and shoots them with Romero surviving. See subsequent affirming a bench trial death sentence at Valentine v. State, 688 So.2d 313 (Fla. 1996).

(Reginald S.) White v. State, 616 So.2d 21 (Fla. 1993). Hillsborough County. Conviction affirmed, death sentence reduced to life on proportionality. 11-1 jury vote for death.

(Michael Alan) Lawrence v. State, 614 So.2d 1092 (Fla.), cert. denied, 510 U.S. 833 (1993). Escambia County. Conviction affirmed, a new punishment phase ordered.

(Freddie Lee) Hall v. State, 614 So.2d 473 (Fla.), cert. denied, 510 U.S. 834 (1993). Sumter County. This is a punishment phase only, death sentence affirmed. The jury recommended death but the vote is not set out in the opinion.

1992

(Charles Kenneth) Foster v. State, 614 So.2d 455 (Fla. 1992). Bay County. Conviction affirmed, new punishment phase ordered.

(William Duane) Elledge v. State, 613 So.2d 434 (Fla. 1993). An 8-4 jury death rec. This was a new punishment phase. See earlier opinions at: Elledge v. State, 346 So.2d 998 (Fla. 1977); Elledge v. State, 408 So.2d 1021 (Fla. 1981), cert. denied, 459 U.S. 981 (1982); Elledge v. Dugger, 823 F.2d 1439 (11th Cir.), withdrawn in part, 833 F.2d 250 (11th Cir. 1987), cert. denied, 485 U.S. 1014 (1988).

(Timothy Alexander) Robinson v. State, 610 So.2d 1288 (Fla. 1992). Escambia County. Affirmed.

(Michael) Coleman v. State, 610 So.2d 1283 (Fla. 1992), cert. denied, 510 U.S. 921 (1993). Escambia County. Affirmed. This is a mercy override case. Carolyn Snurkowski for the State.

(Daniel) Burns v. State, 609 So.2d 600 (Fla. 1992). Manatee County. Conviction affirmed, new punishment phase ordered.

(Ronald Wayne) Clark v. State, 609 So.2d 513 (Fla. 1992). Nassau County. Conviction affirmed, death reduced to life on proportionality.

(Juan David) Rodriguez v. State, 609 So.2d 493 (Fla. 1992). Dade County. Affirmed. 12-0 jury vote for death.

(Edward Eugene) Ragsdale v. State, 609 So.2d 10 (Fla. 1992). Pasco County. Affirmed. The jury recommended death 8-4. Codefendant Leon Illig plead nolo for a life sentence and invoked the Fifth Amendment at Ragsdale’s trial. The victim was Ernest Mace, beaten and his throat slit during a 1986 robbery. See later post conviction opinion at 23 Fla.L.Weekly S544 (Fla. October 15, 1998).

(Konstantinos X.) Fotopoulos v. State, 608 So.2d 784 (Fla. 1992). Volusia County. Affirmed. The jury recommended for death but their actual vote is not set out in the opinion. The co-defendant, Deidre Hunt, testified for the State and had two death sentences at that point.

(Paul Beasley) Johnson v. State, 608 So.2d 4 (Fla. 1992). Alachua County, but here tried in Polk County. Affirmed. The jury recommened for death for each of the three murders but their actual votes are not set out in the opinion. This was a series of robbery-murders for drugs. See earlier opinions at 438 So.2d 774 (Fla. 1983), cert. denied, 465 U.S. 1051 (1984) and Johnson v. Wainwright, 498 So.2d 938 (Fla. 1986), cert. denied, 481 U.S. 1016 (1987).

(Robert Anthony) Preston v. State, 607 So.2d 404 (Fla. 1992), cert. denied, 507 U.S. 999 (1993). Seminole County. A new punishment phase death sentence affirmed. The jury vote in favor of death was 12-0. This case follows an earlier remand on sentencing at 564 So.2d 120.

(Robert B. Jr.) Power v. State, 605 So.2d 856 (Fla. 1992), cert. denied, 507 U.S. 1037 (1993). Orange County. Affirmed.

(Tommy) Richardson v. State, 604 So.2d 1107 (Fla. 1992). Jackson County. Conviction affirmed, death sentence reversed and remanded for imposition of life on proportionality. Dave Davis for Richardson. 11-1 jury vote for death.

(Michael Alan) Durocher v. State, 604 So.2d 810 (Fla. 1992). Duval County. Affirmed. The jury recommended death 12-0 for all three murders. Dave Davis for Durocher. Durocher is later a volunteer. See also 596 So.2d 997 (Fla. 1992). Electrocuted on August 25, 1993.

(Matthew) Marshall v. State, 604 So.2d 799 (Fla. 1992). Martin County. Affirmed. Mercy override.

(Henry Alexander) Davis v. State, 604 So.2d 794 (Fla. 1992). Polk County. Conviction affirmed but new sentencing proceeding with the judge ordered.

(Larry Eugene) Mann v. State, 603 So.2d 1141 (Fla. 1992). Pinellas County. New punishment phase affirmed.

(Mark Allen) Geralds v. State, 601 So.2d 1157 (Fla. 1992). Bay County. Conviction affirmed, death sentence reserved for new punishment phase. Later see 674 So.2d 96 (Fla. 1996).

(Robert) Bryant v. State, 601 So.2d 529 (Fla. 1992). Taylor County. Conviction affirmed but death sentence reversed, remanded for a new penalty phase.

(Robert) Patten v. State, 598 So.2d 60 (Fla. 1992). Dade County. Conviction and death sentence affirmed.

(Krishna) Maharaj v. State, 597 So.2d 786 (Fla. 1992). Dade County. Affirmed. Two murders with jury votes of 6-6 and 7-5 for death. Life is imposed on the 6-6 vote.

(Warfield Raymond) Wike v. State, 596 So.2d 1020 (Fla. 1992). Conviction affirmed, death sentence reversed and remanded for a new punishment phase. Santa Rosa County. Dave Davis for Wike.

(Robert Brian) Waterhouse, 596 So.2d 1008 (Fla. 1992). Pinellas County. Affirmed. This is a new punishment phase. The jury vote was 12-0 for death. Steve Bright and Clive Stafford for Waterhouse. See earlier opinions at 429 So.2d 301 (Fla.), cert. denied, 464 U.S. 977 (1983) and 522 So.2d 341 (Fla.), cert. denied, 488 U.S. 846 (1988).

(Michael Alan) Durocher v. State, 596 So.2d 997 (Fla. 1992). Duval County. Affirmed. Dave Davis for Durocher. See also 604 So.2d 810 (Fla. 1992). Executed by electrocution on August 25, 1993.

(Jacob John) Dougan v. State, 595 So.2d 1 (Fla. 1992). Duval County. Conviction and death sentence affirmed. 9-3 jury vote.

(George M.) Hodges v. State, 595 So.2d 929 (Fla. 1992). Hillsborough County. Affirmed. Hodges shoots a woman who has filed an indecent exposure complaint against him. He attempts suicide during the trial. The jury recommends death but no vote is set out in the opinion.

(Tony Randall) Watts v. State, 593 So.2d 198 (Fla. 1992), cert. denied, 505 U.S. 1210 (1992). Affirmed. 7-5 jury vote for death.

 

1991

(James) Dailey v. State, 594 So.2d 254 (Fla. 1991). Pinellas County. Conviction affirmed, death sentence vacated and remanded under Campbell. The jury recommended death 12-0. Codefendant was Jack Pearcy.

(Anthony John) Ponticelli v. State, 593 So.2d 483 (Fla. 1991). Marion County. Affirmed.

(Tony Randall) Watts v. State, 593 So.2d 198 (Fla. 1992). Duval County. Affirmed. A Dave Davis case. 7-5 jury vote for death.

(Jerry Michael) Wickham v. State, 593 So.2d 191 (Fla. 1991), cert. denied, 505 U.S. 1209 (1992). Leon County. Affirmed. Dave Davis for Wickham.

(Samuel Andrew) Pettit v. State, 591 So.2d 618 (Fla. 1992), cert. denied, 506 U.S. 836 (1992). Charlotte County. Affirmed. Two people shot in a robbery, one dies. Pettit is a volunteer with Huntington’s chorea who blocks most mitigation. Pettit waives a jury.

(Gary Leonard) Tillman v. State, 591 So.2d 167 (Fla. 1991). Hillsborough County. Guilty plea affirmed, death sentence reduced to life on proportionality. 8-4 jury vote recommends death.

(Carlos) Santos v. State, 591 So.2d 160 (Fla. 1991). Polk County. Conviction affirmed, death sentence vacated and remanded for rewighing. The jury recommended death 10-2. Santos murders his estranged domestic partner and his own 22-month-old daughter.

(Henry Jose) Espinosa v. State, 589 So.2d 887 (Fla. 1991), rev’d, 505 U.S. 1079 (1992). Dade County. Affirmed. 11-1 jury vote recommends death. His co-defendant is Mauricio Beltran-Lopez. This is a two murder case with a second degree conviction on one.

(Victor Goldie) Kolkoc v. State, 589 So.2d 219 (Fla. 1991). Brevard County. Conviction affirmed, death sentence reduced to life even though he was a volunteer. This is a domestic case with a lot of mental illness. The trial court appoints special counsel to present mitigation. Bench trial, no jury vote.

(Roosevelt) Bowden v. State, 588 So.2d 225 (Fla. 1991), cert. denied, 503 U.S. 975 (1992). County. Affirmed. The jury recommended death but no vote is given.

(Jose A.) Maqueira v. State, 588 So.2d 221 (Fla. 1991). Dade County. Affirmed. 9-3 jury vote recommends death.

(Henry Perry) Sireci v. State, 587 So.2d 450 (Fla. 1991). Orange County. This second punishment phase death sentence is affirmed. The victim was Howard Poteet, stabbed 55 times during a 1976 attempted auto theft at Poteet's used car lot. The jury recommends death 11-1. See earlier decisions at: 399 So.2d 964 (Fla. 1981), cert. denied, 456 U.S. 984 (1982) and 469 So.2d 119 (Fla. 1995), cert. denied, 478 U.S. 1010 (1986).

(Ulrick) Omelus v. State, 584 So.2d 563 (Fla. 1991). Brevard County. Conviction affirmed, death sentence vacated and remanded for a new punishment phase

(Perry Alexander) Taylor v. State, 583 So.2d 323 (Fla. 1991). Hillsborough County. Conviction affirmed, new punishment phase ordered. The victim is a hooker and the opinion disapproves bad character evidence about the victim. The jury recommended death 12-0. Steve Bolotin for Taylor.

(Dieter) Riechmann v. State, 581 So.2d 133 (Fla. 1991). Dade County. Affirmed. This concerns the murder of Riechmann’s

"life companion" Kersten Kischnick in early October 1987. This conviction was reversed in post conviction at State v. Riechmann, 25 Fla.L.Weekly S163 (Fla. February 24, 2000).

(Tony Leon) Hayes v. State, 581 So.2d 121 (Fla.), cert. denied, 502 U.S. 972 (1991). Volusia County. Affirmed. This is the robbery and murder of a Daytona Beach cab driver. 11-1 jury vote recommends death.

(Manuel) Valle v. State, 581 So.2d 40 (Fla. 1991). Dade County. This is a resentencing, affirmed. The jury recommended death 8-4. The victim is a Coral Gables policeman. Michael A. Mello for Valle. See earlier opinions at 394 So.2d 1004 (Fla. 1981); 474 So.2d 796 (Fla. 1985); and 502 So.2d 1225 (Fla. 1987).

(Samuel Jason) Derrick v. State, 581 So.2d 31 (Fla. 1991). Conviction affirmed but death sentence reversed for a new punishment phase. Pasco County.

(Mark J.) Asay v. State, 580 So.2d 610 (Fla. 1991). Duval County. Affirmed. The jury recommended death in both murders but the actual vote is not set out. Bill McLain for Asay. This is the drag queen prostitute murder case.

(Dennis) Sochor v. State, 580 So.2d 595 (Fla. 1991). Broward County. Affirmed. The jury recommended death 10-2.

(Clarence) Jones v. State, 580 So.2d 143 (Fla.), cert. denied, 502 U.S. 878 (1991). This case concerns the July 7, 1988, shooting murder of Tallahassee Police Officer Ernie Ponce de Leon. The jury recommended death 11-1 on Jones. Codefendants were Henry Goins who plead to second degree murder; Irvin Griffin who was sentenced to life at a joint trial with Jones; and a woman named Beverly Harris. All but Harris were Maryland prison escapees. See later post conviction opinion at 24 Fla.L.Weekly S145 (Florida, March 25, 1999).

(Frank A.) Walls v. State, 580 So.2d 131 (Fla. 1991). Okaloosa County. Reversed. Bill McLain for Walls.

(William Thomas) Zeigler v. State, 580 So.2d 127 (Fla. 1991). Orange County. A new sentencing without a jury affirmed. A mercy override. See earlier Zeigler v. Dugger, 524 So.2d 419 (Fla. 1988).

(David) Young v. State, 579 So.2d 721 (Fla. 1991). Palm Beach County. This concerns the August 31, 1986, murder of Clarence John Bell. See later opinion at 24 Fla.L.Weekly S277 (Florida June 10, 1999).

(Richard Earl Jr.) Shere v. State, 579 So.2d 86 (Fla. 1991). Hernando County. Affirmed. 7-5 jury vote for a death sentence. The victim was Drew Paul Snyder, killed on December 25, 1989, by Shere and Bruce Demo. See later opinion at 24 Fla.L.Weekly S301 (Florida June 24, 1999).

(Boris) McKinney v. State, 579 So.2d 80 (Fla. 1991). Dade County. Conviction affirmed, death sentence reversed and remanded for a life sentence on proportionality. 8-4 jury vote for death.

(Antonio M.) Carter v. State, 576 So.2d 1291 (Fla. 1991). Volusia County. Affirmed. Two people killed in a grocery store robbery. The jury recommended life on one and death on the other, but not votes are set out. Chris Quarles for Carter. Competence to stand trial was an issue.

(Melvin) Trotter v. State, 576 So.2d 691 (Fla. 1990). Manatee County. Conviction affirmed, death sentence reversed for new punishment phase. See later 690 So.2d 1234 (Fla. 1996).

(Clinton Lamar) Jackson v. State, 575 So.2d 181 (Fla. 1991). Pinellas County. Conviction affirmed, death reduced to life under Enmund/Tison. Jury voted 10-2 for a death sentence.

(Howard Virgil Lee) Douglas v. State, 575 So.2d 165 (Fla. 1991). A resentencing hearing after federal habeas relief, death sentence reduced to life on Tedder.

(Bobby Lee) Downs v. State, 574 So.2d 1095 (Fla. 1991). Duval County. Conviction affirmed, death sentence reduced to life on Tedder. Bill McLain for Downs. The victim is Downs’ estranged wife.

(Donald) Gunsby v. State, 574 So.2d 1085 (Fla. 1991). Marion County. Affirmed. Chris Quarles for Gunsby. 9-3 jury vote for a death sentence. Gunsby has an IQ of 59.

(James Randall) Penn v. State, 574 So.2d 1079 (Fla. 1991). Okaloosa County. Conviction affirmed, death sentence reduced to life on proportionality. 12-0 jury death recommendation.

(Billy Ray) Nibert v. State, 574 So.2d 1059 (Fla. 1991). Hillsborough County. Conviction affirmed, death sentence reduced to life on proportionality.

(Andrew) Williams v. State, 574 So.2d 136 (Fla. 1991). Hillsborough County. Reversed on Neil/Slappy grounds. Williams and another rob a bank and Williams shoots a guard in the chest. No jury vote set out in the opinion.

(Johnny L.) Robinson v. State, 574 So.2d 108 (Fla. 1991). St. Johns County. Affirmed. The jury recommended death 8-4. The victim was Beverly St. George of Plant City, raped and shot twice in the head after her car broke down en route on August 11, 1985. See earlier opinions at 520 So.2d 1 (Fla. 1988).

(William) Reaves v. State, 574 So.2d 105 (Fla. 1991). Indian River County. Reversed on the prosecutor's previous representation of Reaves. No jury vote set out in the opinion.

(Richard Harold) Anderson v. State, 574 So.2d 87 (Fla. 1991). Hillsborough County. Affirmed. Anderson and his girlfriend Connie Beasley, who testified against Anderson, murder Robert Grantham on May 7, 1987, in the hopes of robbing him of $10,000 in gambling proceeds. 11-1 jury death recommendation.

(Michael George Sr.) Bruno v. State, 574 So.2d 76 (Fla. 1991). Broward County. Affirmed. The jury recommended death 8-4. The victim is Lionel Merlano is murdered with a crowbar and a gun on August 8, 1986 after a night of drinking and listening to a stereo.

(John Ruthell) Henry v. State, 574 So.2d 73 (Fla. 1991). Pasco County. Reversed. Henry, who is living with another woman at the time, stabs his estranged wife Suzanne Henry to death in an argument over 1985 Christmas presents for her son by another man. The jury voted for death but their vote is not set out in the opinion. In the other case he ir prosecuted for the later murder of the 5-year-old son, Eugene Christian. See an earlier reversal on the son's murder at 574 So.2d 66 (Fla. 1991).

(John Ruthell) Henry v. State, 574 So.2d 66 (Fla. 1991). Reversed. Henry, who is living with another woman at the time, stabs his estranged wife Suzanne Henry to death in an argument over 1985 Christmas presents for her 5-year-old son by another man, Eugene Christian. Here he is convicted in the murder of the son. The jury voted for death 10-2. See a later reversal on the wife's murder and death sentence at 574 So.2d 73 (Fla. 1991).

1990

(James Ernest) Hitchcock v. State, 578 So.2d 685 (Fla. 1990). Orange County. Affirmed.

(Melvin) Trotter v. State, 576 So.2d 691 (Fla. 1990). Manatee County. Conviction affirmed, new punishment phase ordered.

(Billy Ray) Nibert v. State, 574 So.2d 1059 (Fla. 1990). Hillsborough County. Conviction affirmed, death sentence vacated and remanded for imposition of life. The jury recommended death 7-5.

(Joe Elton) Nixon v. State, 572 So.2d 1336 (Fla. 1990). Leon County. Affirmed. The victim was Jeanne Bickner, kidnapped from a Tallahassee Mall and burned alive on August 12, 1984. See later Nixon v. Singletary, 25 Fla.L.Weekly S59 (Florida February 4, 2000). See also Bob Shaw, "Murderer gains another delay," Tallahassee Democrat, January 28, 2000, pg. 1A.

(Lawrence) Lewis v. State, 572 So.2d 908 (Fla. 1990). Broward County. Affirmed.

(Ernest Charles) Downs v. State, 572 So.2d 895 (Fla. 1990), cert. denied, 502 U.S. 829 (1991). Duval County. This is a new punishment phase after federal habeas relief. Affirmed. The jury recommended death but the vote is not set out in the opinion. Dave Davis for Downs. See earlier opinions at 386 So.2d 788 (Fla.), cert. denied, 449 U.S. 976 (1980); 453 So.2d 1102 (Fla. 1984); Downs v. Wainwright, 476 So.2d 654 (1985); Downs v. Dugger, 514 So.2d 1069 (Fla. 1987). See also a later opinion at 24 Fla.L.Weekly S231 (Florida, May 20, 1999).

(James) Campbell v. State, 571 So.2d 415 (Fla. 1990). Dade County. Conviction affirmed, remanded for resentencing. Murder during a home invasion. The jury recommended death 9-3.

(Rigoberto) Sanchez-Velasco v. State, 570 So.2d 908 (Fla. 1990). Dade County. Affirmed. The jury recommended death 8-4.

(Dominick) Occhicone v. State, 570 So.2d 902 (Fla. 1990). Pasco County. Affirmed. The jury recommended death but the vote is not set out in the opinion.

(Randall) Jones v. State, 569 So.2d 1234 (Fla. 1990). Putnam County. Conviction affirmed, death sentence reversed and remanded for a new punishment phase in front of a new jury. This jury recommended death 11-1.

(James) Floyd v. State, 569 So.2d 1225 (Fla. 1990), cert. denied, 501 U.S. 1259 (1991). Pinellas County. Affirmed. This is a direct appeal of a new punishment phase only. The jury recommended death 8-4. See earlier opinion at 497 So.2d 1211 (Fla. 1986).

(Alberto) Farinas v. State, 569 So.2d 425 (Fla. 1990). Dade County. Convictions affirmed, death sentence vacated for life on proportionality. 9-3 jury vote.

(Steven Edward) Cheshire v. State, 568 So.2d 908 (Fla. 1990). Putnam County. Conviction affirmed, death sentence set aside for imposition of life on Tedder.

(Harold Gene) Lucas v. State, 568 So.2d 18 (Fla. 1990). Lee County. This is a resentencing. The death sentence is again vacated and remanded for resentencing. This is the murder of a former girlfriend and non-fatal shooting of two of her girlfriends. The jury recommended death but their vote is not set out. See earlier 490 So.2d 943 (Fla. 1996) and 376 So.2d 1149 (Fla. 1979).

(Jessie James) Livingston v. State, 565 So.2d 1288 (Fla. 1990). Taylor County. Convictions affirmed, death sentence vacated for a life sentence on proportionality. This is the shooting murder of a woman convenience store clerk during a robbery. The jury recommended death but their vote is not set out in the opinion.

(Paul Alfred) Brown v. State, 565 So.2d 304, cert. denied, 498 U.S. 992 (1990). Hillsborough County. Affirmed. The victim is a 17-year-old girl with a second teenaged girl also shot in a sort of domestic context. The jury recommended death but the vote is not set out. See later opinion at Brown v. State, 25 Fla.L.Weekly S193 (Fla. March 9, 2000).

(William) Van Poyck v. State, 564 So.2d 1066 (Fla. 1990). Affirmed. Palm Beach County. Van Poyck shoot corrections officer Griffis on June 24, 1987, during an attempt to break James O'Brien out. The jury recommended death 11-1. See later opinion at 694 So.2d 686 (Fla. 1997).

(George Jr.) Porter v. State, 564 So.2d 1060 (Fla. 1990), cert. denied, 498 U.S. 1110 (1991). Brevard County. Convictions and death sentences affirmed. This is a domestic case. The jury recommended death on both murder counts but no vote is set out. Porter was pro se at trial.

(Henry) Garcia v. State, 564 So.2d 124 (Fla. 1990). Dade County. Reversed.

(Manuel) Pardo v. State, 563 So.2d 77 (Fla. 1990). Dade County. Affirmed. This is a Miami Police Officer convicted of nine first degree murders. The jury death recommendations range from 8-4 to 10-2.

(John D.) Freeman v. State, 563 So.2d 73 (Fla. 1990), cert. denied, 501 U.S. 1259 (1991). Duval County. In 1986 Leonard Collier caught Freeman in the act of burglarizing Collier’s home. Colliuer died after being struck in the head with a gun ten or twelve times. A 9-3 jury vote recommending death. The sentencing judge found three aggravating circumstances: (1) prior first degree murder conviction, (2) murder in the course of a burglary, and (3) murder for pecuniary gain, with (2) and (3) merged into one. Among the findings in mitigation was Freeman’s low intelligence. Paula Saunders for Freeman. See a state post conviction opinion at Freeman v. State, 25 Fla.L.Weekly S451 (Fla. June 8, 2000).

(Robert Ellis) Blakley v. State, 561 So.2d 560 (Fla. 1990). Conviction affirmed, death sentence reduced to life on proportionality. 12-0 jury death recommendation.

(Michael T.) Rivera v. State, 561 So.2d 536 (Fla. 1990). Broward County. Affirmed.

(Jerry) Haliburton v. State, 561 So.2d 248 (Fla. 1990), cert. denied, 501 U.S. 1259 (1991). Palm Beach County. Affirmed.

(Peter) Ventura v. State, 560 So.2d 217 (Fla. 1990). Volusia County. Affirmed. 11-1 jury death recommendation. The victim was found April 15, 1981, shoot and stabbed by Ventura, who was hired by Jack McDonald to kill him for a business "key man" life insurance policy. McDonald beat the charge on a speedy trial violation. Ventura jumped bail in Chicago and was caught five years later in Austin, Texas.

(Duane) Owen v. State, 560 So.2d 207 (Fla. 1990). Palm Beach County. Reversed. After retrial see Owen v. State, 654 So.2d 200 (Fla. 4th DCA 1995) and State v. Owen, 696 So.2d 715 (Fla. 1997).

(Grover) Reed v. State, 560 So.2d 203 (Fla. 1990), cert. denied, 498 U.S. 882 (1990). Duval County. Affirmed. 11-1 jury death recommendation. Betty Oermann was raped, strangled, and stabbed in the throat in her home on February 27, 1986, by Reed, an indigent man whom she and her minister husband has assisted. Bill McLain for Reed.

 

1989

(Raymond Mchael) Thompson v. State, 553 So.2d 153 (Fla. 1989). This was a mercy override affirmed. See state habeas opinion at: 24 Fla.L. S17 (Fla. December 24, 1998).

(Doy James) Christian v. State, 550 So.2d 450 (Fla. 1989). Bradford County. Conviction affirmed. Sentence vacated and remanded for life under Tedder. Dave Davis for Christian. Christian and the victim are prison inmates.

(George Alexander) Hill v. State, 549 So.2d 179 (Fla. 1989). Collier County. Conviction affirmed, death sentence reversed and remanded for a new sentencing phase with a jury. The victim, a woman, was sexually assaulted and beaten and stompted to death at her place of employment on November 19, 1985. The jury recommended death but no vote is given. Steve Bolotin for Hill.

(Kenneth Allen) Steward v. State, 549 So.2d 171 (Fla. 1989), cert. denied, 497 U.S. 1032 (1990). Hillsborough County. Conviction affirmed, death sentence remanded for written findings. Two victims are shot, one lives and one dies, and Stewart steals their car. The jury recommends death but their vote is not set out.

(Richard Wallace) Rhodes v. State, 547 So.2d 1201 (Fla. 1989). Pinellas County. Conviction affirmed, death sentence vacated and remanded for a new punishment phase because of the consideration of disallowed aggravating circumstances. The jury recommended death but their vote is not set out.

(Guy Reginald) Cochran v. State, 547 So.2d 928 (Fla. 1989). Hillsborough County. Conviction affirmed, death sentenced reduced to life under Tedder.

(Thewell E.) Hamilton v. State, 547 So.2d 630 (Fla. 1989). Holmes County. Reversed. This is the murder of Hamilton's wife and stepson. The jury recommended death on both murders but the vote is not set out. Bill McLain for Hamilton.

(Jason Dirk) Walton v. State, 547 So.2d 622 (Fla. 1989). Pinellas County. This is a second punishment phase after a death sentence reversal at 481 So.2d 1197 (Fla. 1985). Affirmed. The jury recommended death but the vote is not set out in the opinion.

(Darryl) Barwick v. State, 547 So.2d 612 (Fla. 1989). Bay County. Reversed on Neil/Batson error. See 660 So.2d 685 (Fla. 1995).

(John D.) Freeman v. State, 547 So.2d 125 (Fla. 1989). Duval County. Conviction affirmed, death sentence vacated and life imposed under Tedder. Paula Saunders for Freeman.

(Leonard Lee) Smalley v. State, 546 So.2d 720 (Fla. 1989). Sumter County. Conviction affirmed, death sentence reduced to life on proportionality grounds. The court uses the term "commute" for this reduction in sentence. The jury vote was 10-2. This is the murder of an infant by a babysitter.

(Arthur Dennis) Rutherford v. State, 545 So.2d 853 (Fla. 1989). Santa Rosa County. Affirmed. This is the 1985 armed robbery and murder of Mrs. Stella Salamon. Rutherford was 36 at the time of the crime. See later opinion at: 24 Fla.L.Weekly S3 (Fla. December 17, 1998).

(Todd Michael) Mendyk v. State, 545 So.2d 846 (Fla. 1989). Hernando County. Affirmed. 12-0 jury vote.

(Carl Ray) Songer v. State, 544 So.2d 1010 (Fla. 1989). Osceola County. Death sentence reversed, life imposed on proportionality. The jury recommended death but not vote set out. Steve Goldstein for Songer.

(Roger Lee) Cherry v. State, 544 So.2d 184 (Fla. 1989), cert. denied, 494 U.S. 1090 (1990). Volusia County. Conviction affirmed, one death sentence affirmed and one vacated on proportionality with a remand. On June 27-28, 1986, Cherry burglarized the Deland home of an elderly couple, Leonard Wayne and Esther Wayne. Mrs. Wayne was killed from blows to the head, Mr. Wayne died of cardiac arrest. The jury recommended death 7-5 on Mr. Wayne and 9-3 on Mrs. Wayne. It is the death sentence for Mr. Wayne which draws proportionality relief.

(David) Cook v. State, 542 So.2d 964 (Fla. 1989). Dade County. Conviction affirmed, one life sentence affirmed, death sentence remanded for reweighing. Two people are killed in an early morning burglary of a Burger King. The jury recommended death for both murders but the vote is not set out.

(Joseph Jerome) Ramirez v. State, 542 So.2d 352 (Fla. 1989). Dade County. Reversed.

(Timothy Curtis) Hudson v. State, 538 So.2d 829 (Fla. 1989), cert. denied, 493 U.S. 875 (1989). Hillsborough County. Affirmed. 9-3 jury vote not reflected in the opinion. But see punishment phase relief in state habeas at Hudson v. State, 614 So.2d 482 (Fla. 1993) and a Campbel remand at Hudson v. State, 708 So.2d 256 (Fla. 1998).

(Arthur Lynn) Schafer v. State, 537 So.2d 988 (Fla. 1989). Broward County. Convictions affirmed but death sentence vacated and remanded for a new punishment phase because of the use of three improper aggravating circumstances. 10-2 jury death recommendation. This is the murder of an 86-year-old woman during a burglary.

(Juan) Banda v. State, 536 So.2d 221 (Fla. 1988), cert. denied, 489 U.S. 1087 (1989). Pinellas County. Death reduced to life under Tedder.

1988

(Jim Eric) Chandler v. State, 534 So.2d 701 (Fla. 1988), cert. denied, 490 U.S. 1075 (1989). Indian River County. Affirmed. This jury recommended death 12-0. See an earlier decision at Chandler v. State, 442 So.2d 171 (Fla. 1983).

(Jesus) Scull v. State, 533 So.2d 1137 (Fla. 1988), cert. denied, 490 U.S. 1037 (1989). Dade County. Conviction affirmed but death sentence vacated and remanded for a new sentencing order. The jury recommended death but the vote is not given. This is the murder of two women. Scull was age 24.

(Cleo) LeCroy v. State, 533 So.2d 750 (Fla. 1988). Palm Beach County. Affirmed. This is the robbery and shooting murder of John and Gail Hardeman in a remote park in Palm Beach County on January 4, 1981. See state habeas opinion at: LeCroy v. Dugger, 24 Fla.L.Weekly S13 (Florida, December 24, 1998). See 435 So.2d 354, on rehearing, 441 So.2d 1182 (Fla. 4th DCA 1983), and 461 So.2d 88 (Fla. 1984).

(Anthony B.) Bryan v. State, 533 So.2d 744 (Fla. 1988), cert. denied, 490 U.S. 1028 (1989). Santa Rosa County. Affirmed. Bryan held up a Pascagoula, Mississippi, seafood wholesale business and kidnapped the night watchman, later shooting him to death in Santa Rosa County. The jury recommended a death sentence but their vote is not set out. See other opinions at: Bryan v. Dugger, 641 So.2d 61 (Fla. 1994); Bryan v. Moore, 744 So.2d 452 (Fla. 1999), cert. granted, 120 S.Ct. 394 (1999), cert. dismissed, 120 S.Ct. 1003 (2000); Bryan v. State, 24 Fla.L.Weekly S516 (Fla. October 26, 1999); Bryan v. State, 25 Fla.L.Weekly S159 (Fla. February 22, 2000). Executed by lethal injection on February 24, 2000.

(Roy) Swafford v. State, 533 So.2d 270 (Fla. 1988), cert. denied, 489 U.S. 1100 (1989). Volusia County. Affirmed. This case concerns the abduction, rape and shooting murder of a FINA clerk the early morning hours of February 14, 1982. Her body was found in the woods the next day. Swafford and some companions were in Daytona Beach for the races. Swafford was arrested the next day when a gun in his possession was connected through ballistics to the nine shots in the victim. The jury recommended a death sentence but their vote is not set out.

(Wilbur Aaron) Lamb v. State, 532 So.2d 1051 (Fla. 1988). Brevard County. Conviction affirmed, death sentence vacated and remanded for reweighing. The jury recommended death but the vote is not set out in the opinion.

(Reinaldo) Amoros v. State, 531 So.2d 1256 (Fla. 1988). Hillsborough County. Conviction affirmed, death sentence vacated for a life sentence when all aggravating circumstances were disallowed. The jury recommended death but no vote set out in the opinion.

(Paul C.) Hildwin v. State, 531 So.2d 124 (Fla. 1988), aff’d with opinion, 490 U.S. 638 (1989). Hernando County. Affirmed. This is the strangulation murder of Vronzettie Cox; her body was found in the trunk of her abandoned car. The jury recommended death 12-0. See post-conviction relief at Hildwin v. State, 654 So.2d 107 (Fla. 1995) and affirmance of a second death sentence at Hildwin v. State, 727 So.2d 193 (Fla. 1998).

(Etheria Verdell) Jackson v. State, 530 So.2d 269 (Fla. 1988). Duval County. Paula Saunders for Jackson. The jury recommended death 7-5.

(William T.) Turner v. State, 530 So.2d 45 (Fla.), cert. denied, 489 U.S. 1040 (1988). Duval County. Affirmed. This is a mercy override in a domestic case.

(Herbert Lander) Spivey v. State, 529 So.2d 1088 (Fla. 1988). Duval County. Conviction affirmed, death sentence reduced to life under Tedder. Dave Davis for Spivey.

(Harold Lee) Harvey v. State, 529 So.2d 1083 (Fla. 1988), cert. denied, 489 U.S. 1040 (1989). Indian River County. Affirmed. This is a two-body case. No mention of the jury vote in the opinion.

(Robert Joe) Long v. State, 529 So.2d 286 (Fla. 1988). Hillsborough County. Conviction affirmed, death sentence vacated and remanded for new punishment phase. The jury recommended death 11-1. Long plead guilty to eight murder counts with sentences of life in seven, but a punishment phase in this one. The victims were prostitutes. See also 517 So.2d 664 (Fla. 1987).

(Joseph Henry) Garron v. State, 528 So.2d 353 (Fla. 1988). Pasco County. Reversed. This is a domestic murder of Garron’s wife and stepdaughter. The jury recommended death on both murders but their votes are not set out in the opinion.

(Earnest Jr.) Fitzpatrick v. State, 527 So.2d 809 (Fla. 1988). Escambia County. This is a resentencing and here the death sentence is reduced to life on proportionality. Fitzpatrick is holding a hostage on April 29, 1980, as part of a bank robbery plan when he shoots Deputy Doug Heist in the head after the deputy had fired at him. The jury recommended death but their vote is not given. Ed Stafman for Fitzpatrick. See earlier decisions at Fitzpatrick v. State, 437 So.2d 1072 (Fla. 1983), cert. denied, 465 U.S. 1051 (1984) and Fitzpatrick v. Wainwright, 490 So.2d 938 (Fla. 1986).

(James William) Hamblen v. State, 527 So.2d 800 (Fla. 1988). Duval County. Affirmed. This is judge sentencing of a "volunteer" who presented no mitigation. Hamblen was robbing a Jacksonville boutique, The Sensual Woman, on April 24, 1984, then shooting the clerk, Laureen Jean Edwards, in the back of the head while he ordered her to undress. Steve Bolotin for Hamblen. See later decisions at 565 So.2d 320 (Fla. 1990); 546 So.2d 1039 (Fla. 1989). Electrocuted on September 21, 1990.

(Judias V. aka Judy Ann Goodyear) Buenoano v. State, 527 So.2d 194 (Fla. 1988). Orange County. Affirmed. This prosecution is for the arsenic poisoning and September 16, 1971, death of Buenoano’s husband Sgt. James E. Goodyear. She was indicted in 1984. The motive was insurance and military survivors benefits. The jury recommended death but no vote is set out. See later decisions at: Bueuoano v. State, 559 So.2d 1116 (Fla. 1990); Bueuoano v. State, 565 So.2d 309 (Fla. 1990); Bueuoano v. Singletary, 74 F.3d 1078 (11th Cir.), cert. denied, 117 S.Ct. 520 (1996); Buenoano v. State, 708 So.2d 941 (Fla. 1998), dated March 26, 1998, four days before her execution. Electrocuted on March 30, 1998.

(James Ansel) Harmon v. State, 527 So.2d 182 (Fla. 1988). Marion County. Conviction affirmed, life sentence imposed under Tedder. Charles Germany was stabbed to death in his home on October 16, 1985, in a robbery. The two were business associates. His co-defendant Larry Bennett took a deal of seventeen years for second degree murder. The jury recommended a life sentence. Chris Quarles for Harmon.

(Willie Jr.) Mitchell v. State, 527 So.2d 179 (Fla.), cert. denied, 488 U.S. 960 (1988). Hillsborough County. Affirmed. May 1, 1986 the body of Walter Shonyo was found in a Tampa parking lot, stabbed about 110 times, with a human bite mark in one arm, and with his pants pulled down. The defense at trial was homosexual rage. This jury recommended death 7-5. The trial court followed the recommendation finding four aggravating circumstances and no mitigation. Steve Bolotin for Mitchell.

(Morris) Brown v. State, 526 So.2d 903 (Fla.), cert. denied, 488 U.S. 944 (1988). Jackson County. Conviction affirmed but death sentence reversed for imposition of life on Tedder.

(Martin) Grossman v. State, 525 So.2d 833 (Fla. 1988). Pinellas County. Affirmed. 12-0 jury death recommendation.

(Donald Robert) Lloyd v. State, 524 So.2d 396 (Fla. 1988). Hillsborough County. Conviction affirmed, death reduced to life on proportionality. The jury recommended death 7-5.

(Jerry William) Correll v. State, 523 So.2d 562 (Fla. 1988). Orange County. Affirmed. The jury recommended death but no vote is set out in the opinion. This is a four-body domestic case: ex-wife, her sister, their mother, and his 5-year-old daughter.

(Carla) Caillier v. State, 523 So.2d 158 (Fla. 1988). Hillsborough County. Conviction affirmed, death sentence vacated and life imposed under Tedder.

(Daniel) Remeta v. State, 522 So.2d 825 (Fla. 1988), cert. denied, 488 U.S. 871 (1988). Marion County. Affirmed. Remeta had been on a cross country crime and murder spree, killing a Kansas store clerk and shooting one in Texas five times but who survived. On February 5, 1985, he shot an Ocala convenience store clerk to death. The jury recommended death but their vote is not given. Electrocuted on March 31, 1998.

(Johnny Bell) Perry v. State, 522 So.2d 817 (Fla. 1988). Dade County. Convictions affirmed, death sentence vacated and remanded for life under Tedder. Mrs. Kathryn Miller was stabbed, beaten, and strangled to death in her home on March 13, 1985. Perry was a former neighbor and his fingerprints were found in the home. Perry confessed. The jury recommended a life sentence but their vote is not given.

(Mark Andrew) Burch v. State, 522 So.2d 810 (Fla. 1988). Broward County. Conviction affirmed but death sentence reduced to life under Tedder. The jury recommended a life sentence but their vote is not given. See an earlier decision at Burch v. State, 478 So.2d 1050 (Fla. 1985).

(Clarence) Jackson v. State, 522 So.2d 802 (Fla.), cert. denied, 488 U.S. 871 (1988). Hillsborough County. Conviction and mercy override affirmed. This is for the October 1981 murders of Roger McKay and Terrence Milton after arguing with both about drugs. The jury recommended a life sentence but their vote is not given. See an earlier decision at Jackson v. State, 451 So.2d 458 (Fla. 1984).

(Eric Brian) Holsworth v. State, 522 So.2d 348 (1988). Broward County. Conviction affirmed, death sentence reduced to life under Tedder. Holsworth broke into a trailer and stabbed to death Alice Dzikowski and stabbed her mother Mrs. Glorida Salerno who survived. The jury recommended life but their vote is not given.

(Gary L.) Tillman v. State, 522 So.2d 14 (Fla. 1988). Hillsborough County. This was a guilty plea and punishment phase. Conviction affirmed, death sentence vacated under Slappy/Neil and remanded for a new punishment phase. The facts of the crime are not given.

(Carl) Puiatti v. State, 521 So.2d 1106 (Fla. 1988). Pasco County. Affirmed. See earlier opinion at 495 So.2d 128 (Fla. 1986), vacated, 481 U.S. 1027 (1987) under Cruz v. New York.

(John Gary) Hardwick v. State, 521 So.2d 1071 (Fla. 1988). Duval County. Affirmed.

(Robert Earl) DuBoise v. State, 520 So.2d 260 (Fla. 1988). Hillsborough County. Conviction affirmed, death sentence reduced to life under Tedder but with Edmund/Tison and proportionality discussion.

1987

(Robert Joe) Long v. State, 517 So.2d 664 (Fla. 1987). Pasco County. Reversed on a Miranda violation. Bill McLain for Long.

(John Patrick) Masterson v. State, 516 So.2d 256 (Fla. 1987). Dade County. Conviction affirmed, death sentence reduced to life under Tedder.

(Frank Lee) Smith v. State, 515 So.2d 182 (Fla. 1987), cert. denied, 485 U.S. 971 (1988). Broward County. Affirmed.

(Clarence Edward) Hill v. State, 515 So.2d 176 (Fla. 1987). Escambia County. Affirmed. Steve Bolotin for Hill. 11-1 jury vote. See earlier opinion at 477 So.2d 553 (Fla. 1985).

(Amos Lee Jr.) King v. State, 514 So.2d 354 (Fla. 1987), cert. denied, 487 U.S. 1241 (1988). Pinellas County. Affirmed. The jury recommended death 12-0.

(Scott) Patterson v. State, 513 So.2d 1257 (Fla. 1987). Dade County. Broward County. Conviction affirmed, death sentence vacated and remanded because the judge asked the State Attorney to prepare the sentencing order. 7-5 jury vote.

(Raymond Leon) Koon v. State, 513 So.2d 1253 (Fla. 1987). Collier County. Affirmed. This is a resentencing; see 463 So.2d 201 (Fla.), cert. denied, 472 U.S. 1031 (1985). The jury recommended death 7-5.

(Angel) Diaz v. State, 513 So.2d 1045 (Fla. 1987), cert. denied, 484 U.S. 1079 (1988). Dade County. This concerns the December 29, 1979, holdup of a bar by Diaz and two others, and the killing of the manager. The jury recommended death but their vote is not set out in this opinion. See later opinion at Diaz v. Dugger, 719 So.2d 865 (Fla. 1998).

(Charlie) Kight v. State, 512 So.2d 922 (Fla. 1987), cert. denied, 485 U.S. 929 (1988). Duval County. Affirmed. The jury recommended death but the vote is not set out in the opinion.

(Bryan F.) Jennings v. State, 512 So.2d 169 (Fla. 1987). Brevard County. Affirmed.

(Jerry Layne) Rogers v. State, 511 So.2d 526 (Fla. 1987), cert. denied, 484 U.S. 1020 (1988). St. Johns County. Affirmed. The jury recommended death but their vote is not set out. Chris Quarles for Rogers.

(Johnny) Williamson v. State, 511 So.2d 289 (Fla. 1987). Dixie County. Affirmed. The jury recommended death but no vote is set out in the opinion.

(Charles William) Proffitt v. State, 510 So.2d 896 (Fla. 1987). Hillsborough County. Resentencing, death reduced to life on proportionality. See earlier opinions at 315 So.2d 461 (Fla. 1975), affirmed, 428 U.S. 242 (1976); Proffitt v. State, 360 So.2d 771 (Fla. 1978); 372 So.2d 1111 (Fla. 1979). This is the defendant whose initial direct appeal resulted in Supreme Court approval of the Florida death penalty statute.

(Rickey Bernard) Roberts v. State, 510 So.2d 885 (Fla. 1987). Affirmed. Dade County.

(Gregory Scott) Engle v. State, 510 So.2d 881 (Fla. 1987). Duval County. Affirmed.

(Robert Patrick) Craig v. State, 510 So.2d 857 (Fla. 1987). Lake County. Conviction affirmed, remanded on sentencing.

(Kirk Allen) Hansborough v. State, 509 So.2d 1081 (Fla. 1987). Orange County. Conviction affirmed, death sentence vacated and remanded for a life sentence under Tedder. This is the June 20, 1984, stabbing (over 30 times) murder of an insurance business employee. Hansborough relied upon an insanity defense. This jury recommended a life sentence.

(Billy Ray) Nibert v. State, 508 So.2d 1 (Fla. 1987). Hillsborough County. Conviction affirmed, death sentence vacated and remanded for reweighing. 7-5 jury vote.

(John William "Billy") Ferry v. State, 507 So.2d 1373 (Fla. 1987). Hillsborough County. Conviction affirmed, death sentence reduced to life under Tedder. Bill McLain for Ferry. Five people killed but extreme mental illness on the part of Ferry.

(Kyle Barrington) Bates v. State, 506 So.2d 1033 (Fla. 1987). Bay County. Death sentence affirmed. Dave Davis for Bates. This follows an early order of a resentencing. See a later death sentence affirmed at Bates v. State, 24 Fla.L.Weekly S471 (Florida October 7, 1999).

(Edward Robert) Wasko v. State, 505 So.2d 1314 (Fla. 1987). Dade County. Conviction affirmed, death sentence reduced to life on Tedder.

(Michael Scott) Keen v. State, 504 So.2d 396 (Fla. 1987). Broward County. Reversed.

(Jeffrey Allen) Muehlman v. State, 503 So.2d 310 (Fla. 1987), cert. denied, 484 U.S. 882 (1987). Pinellas County. Affirmed. The jury recommended death 10-2.

1986

(Wayne) Tompkins v. State, 502 So.2d 415 (Fla. 1986), cert. denied, 483 U.S. 1033 (1987). Hillsborough County. Affirmed. The jury recommended death but no vote set out.

(Nathaniel) Jackson v. State, 502 So.2d 409 (Fla. 1986). Pinellas County. Affirmed. 12-0 jury vote.

(Juan Roberto) Melendez v. State, 498 So.2d 1258 (Fla. 1986). Polk County. Affirmed.

(Clinton Lamar) Jackson v. State, 498 So.2d 906 (Fla. 1986). Pinellas County. Reversed.

(Andrea Hicks) Jackson v. State, 498 So.2d 406 (Fla. 1986), cert. denied, 483 U.S. 1010 (1987). Duval County. Affirmed. But reversed in post conviction at Jackson v. Dugger, 547 So.2d 1197 (Fla. 1989).

(James) Floyd v. State, 497 So.2d 1211 (Fla. 1986). Pinellas County. Conviction affirmed, new punishment phase ordered.

(Phillip A.) Atkins v. State, 497 So.2d 1200 (Fla. 1986). Polk County. Affirmed after a remand.

(Thomas Harrison "Tommy") Provenzano v. State, 497 So.2d 1177 (Fla. 1986), cert. denied, 481 U.S. 1024 (1987). Orange County. Affirmed. Tommy Provenzano, who is mentally ill, became angry at some police officers and planned to kill them inside the Orange County Courthouse. He was intercepted by bailiffs and an January 10, 1984, shoot out resulted. Provenzano wounded bailiffs Dalton and Parker and killed bailiff Wilkerson before being shot himself. At trial his defense was insanity. The jury recommended death 7-5. See post conviction opinions at: Provenzano v. Dugger, 561 So.2d 541 (Fla. 1990); 616 So.2d 428 (Fla. 1993); Provenzano v. Singletary, 3 F.Supp. 1353 (M.D. Fla. 1997); Provenzano v. Singletary, 148 F.3d 1327 (11th Cir. 1998); 24 Fla.L.Weekly S314 (Florida July 1, 1999). On the electric chair see: Provenzano v. Moore, 744 So.2d 413 (Fla. 1999). On his competency to execute see: Provenzano v. State, 750 So.2d 597 (Fla. 1999); Provenzano v. State, 751 So.2d 37 (Fla. 1999); Provenzano v. State, 25 Fla.L.Weekly S408 (Fla. May 25, 2000); and Provenzano v. State, 25 Fla.L.Weekly S484 (Fla. June 20, 2000). Executed by lethal injection on June 21, 2000.

(David Eugene) Johnston v. State, 497 So.2d 863 (Fla. 1986). Orange County. Affirmed.

(Terry) Van Royal v. State, 497 So.2d 625 (Fla. 1986). Pinellas County. Conviction affirmed, death sentence reduced to life because the sentencing court did not prepare a written order. This was a mercy override. This was a June 18, 1982, home invasion by Terry Van Royal Walton and three others: Richard Cooper, Jason Dirk Walton, and Walton’s 16-year-old brother Jeffrey McCoy. The victims were low level drug dealers and the perpetrators had expected to find drugs and money in the house. Steven Fridella and two others were killed with shotguns. Fridella’s 8-year-old son had been locked in a bathroom. See Walton v. State, 481 So.2d 1197 (Fla. 1986).

(Fred) Way v. State, 496 So.2d 126 (Fla. 1986). Hillsborough County. Affirmed. The jury recommended death but the vote is not set out. A later opinion says it was 7-5. On July 11, 1983, Way kills his wife Carol with a hammer (second degree murder conviction) then his 15-year-old daughter Adrienne (capital murder conviction), after which he sets the house on fire. One of them is still alive and crawling while in flames at this point. See other opinions at: Way v. Dugger, 586 So.2d 1263 (Fla. 1990); Way v. State, 630 So.2d 177 (Fla. 1993); and Way v. State, 25 Fla.L.Weekly S309 (Fla. April 20, 2000).

(Robert Allen) Teffeteller v. State, 495 So.2d 744 (Fla. 1986). Volusia County. A second punishment phase where the death sentence was affirmed. See earlier opinion at 439 So.2d 840 (Fla. 1983). See post conviction opinions at Tefeteller v. Dugger, 676 So.2d 369 (Fla. 1996) and 24 Fla.L.Weekly S110 (Florida March 4, 1999). Teffeteller died of cancer in summer 2000.

(Donald William) Dufour v. State, 495 So.2d 154 (Fla. 1986). Orange County. Affirmed. The jury recommended death 12-0.

(James Roger) Huff v. State, 495 So.2d 145 (Fla. 1986). Affirmed. Sumter County. See an earlier reversal at: Huff v. State, 437 So.2d 1087 (Fla. 1983). See later opinions at: Huff v. State, 569 So.2d 1247 (Fla. 1990) and Huff v. State, 622 So.2d 982 (Fla. 1993).

(Donald William) Brookings v. State, 495 So.2d 135 (Fla. 1986). Hillsborough County. Conviction affirmed, death sentence reduced to life on Tedder. This is a $5,000 contract killing with Brookings the killer.

(Carl) Puiatti and (Robert D.) Glock v. State, 495 So.2d 128 (Fla. 1986), vacated, 107 S.Ct. 1950 (1987). Pasco County. Affirmed by the FSC but see remand at 521 So.2d 1106 (Fla. 1988). 11-1 jury death recommendation on each defendant.

(Cary Michael) Lambrix v. State, 494 So.2d 1143 (Fla. 1986). Affirmed. Glades County. Two bodies. The jury recommended death on both murders but the votes are not set out in the opinion.

(Abron) Scott v. State, 494 So.2d 1134 (Fla. 1986). Pinellas County. Affirmed. Scott was age 18 at the time.

(Askari Abdullah) Muhammad v. State, 494 So.2d 969 (Fla. 1986). Bradford County. Affirmed. Muhammad waived a jury at punishment phase. Competency to stand trial was an issue.

(Patrick James) Thompson v. State, 494 So.2d 203 (Fla. 1986). Broward County. Reversed. The jury recommended life.

(Sam) Wilson v. State, 493 So.2d 1019 (Fla. 1986). Broward County. Conviction affirmed, but one death sentences reduced to life on proportionality and a second reduced to second degree murder. Two victims in a domestic situation, his father Sam Wilson Sr. (shot in the forehead) and his cousin Jerome Huegley (stabbed to death with scissors). He also shot but did not kill his mother Earline Wilson, who died of cancer before the trial. The jury recommended death on both murder counts but no vote is set out in the opinion. See earlier opinions at: Wilson v. State, 436 So.2d 908 (Fla. 1983) and Wilson v. Wainwright, 474 So.2d 1162 (Fla. 1985).

(Gregory Allen) Kokal v. State, 492 So.2d 1317 (Fla. 1986). Duval County. Affirmed. The jury recommended death 12-0. See also in habeas Kokal v. Dugger, 23 Fla.L.Weekly S397 (Fla. July 16, 1998).

(Derrick Tyrone) Smith v. State, 492 So.2d 1063 (Fla. 1986), cert. denied, 513 U.S. 1163 (1995). Pinellas County. Reversed. See also Smith v. State, 641 So.2d 1319 (Fla. 1994), cert denied, 513 U.S. 1163 (1995).

(Richard M.) Cooper v. State, 492 So.2d 1059 (Fla. 1986), cert. denied, 479 U.S. 1101 (1987). Pinellas County. Affirmed.

(John) Marek v. State, 492 So.2d 1055 (Fla. 1986). Broward County. Affirmed. 10-2 jury vote for death.

(Enrique) Garcia v. State, 492 So.2d 360 (Fla.), cert. denied, 479 U.S. 1022 (1986). Manatee County. Affirmed.

(Alexander) Dragovich v. State, 492 So.2d 350 (Fla. 1986). Pinellas County. Conviction affirmed, death sentence vacated and remanded for a new punishment phase before a jury.

(Harold Gene) Lucas v. State, 490 So.2d 943 (Fla. 1986). Lee County. This is a new sentencing trial and is here remanded for yet another punishment phase. Bill McLain for Lucas. See later 568 So.2d 18 (Fla. 1990) and earlier 417 So.2d 250 (Fla. 1982) and 376 So.2d 1149 (Fla. 1979).

(Melvin Jr. "Mad Dog") Nelson v. State, 490 So.2d 32 (Fla. 1986). Pinellas County. Reversed. The jury recommended life. This was a contract killing.

(Ronald) Woods v. State, 490 So.2d 24 (Fla. 1986). Union County. Affirmed. Woods and another are prisoners at UCI where they stab four guards, killing one. The jury recommended death for Woods and life for Leonard Barnes, his codefendant.

(Anthony Ray) Peek v. State, 488 So.2d 52 (Fla. 1986). Polk County. Reversed because of the judge's references to the "niggers." The jury recommended death 9-3. Edward Stafman for Peek. See earlier opinion at 395 So.2d 492 (Fla. 1982), cert. denied, 451 U.S. 964 (1981). The victim is an elderly woman raped and murdered in her Winter Haven home.

(Ira Martin) Amazon v. State, 487 So.2d 8 (Fla.), cert. denied, 479 U.S. 914 (1986). Pinellas County. Conviction affirmed, death sentence reduced to life under Tedder. Bill McLain for Amazon. The victims are a woman and her 11-year-old, neighbors of Amazon's.

(William Harold) Kelly v. State, 486 So.2d 578 (Fla.), cert. denied, 479 U.S. 871 (1986). Highlands County. Affirmed. This is a domestic triangle with Kelly hiring someone to kill his lover's husband.

1985

(Robert) Echols v. State, 484 So.2d 568 (Fla. 1985), cert. denied, 479 U.S. 871 (1986). Pinellas County. Affirmed. Bill McLain for Echols.

(Jason Dirk) Walton v. State, 481 So.2d 1197 (Fla. 1985). Pinellas County. Conviction affirmed, death sentence reversed and remanded for a new punishment phase. This was a June 18, 1982, home invasion by Walton and three others: Richard Cooper, Terry Van Royal, and Walton’s 16-year-old brother Jeffrey McCoy. The victims were low level drug dealers and the perpetrators had expected to find drugs and money in the house. Steven Fridella and two others were killed with shotguns. Fridella’s 8-year-old son had been locked in a bathroom. 12-0, 11-1, 11-1 death recommendations on the three individual murders. Bill McLain for Walton on direct appeal. See Van Royal v. State, 497 So.2d 625 (Fla. 1986).

(Wade) Byrd v. State, 481 So.2d 468 (Fla. 1985), cert. denied, 476 U.S. 1153 (1986). Hillsborough County. Affirmed. Byrd and someone he hires kills his wife for $100,000 in insurance. Bill McLain for Byrd.

(Barry Gilbert) O'Connell v. State, 480 So.2d 1284 (Fla. 1986). Escambia County. Reversed. Two people killed in convenience store robberies. The jury recommended death for each murder but the vote is not given here.

(Jason Thomas) Deaton v. State, 480 So.2d 1279 (Fla. 1986). Broward County. Affirmed. The jury voted 8-4 for death. Deaton is 18. His co-defendant was Dean Hall. In May 1983 Deaton, Hall, and three runaway girls were living in a Ft. Lauderdale motel. Deaton and Hall sought a ride from Santi Campanella on May 27, 1983. Hall sat in the front seat, Deaton sat in the back seat and strangled Campanella with a lamp cord as they drove. Deaton then bragged and joked about the murder to the three girls who testified against him. Campanella’s body was dumped in Tennessee.

(Kenneth Michael) Gardner v. State, 480 So.2d 91 (Fla. 1985). Pinellas County. Reversed. The jury recommended death but the vote is not set out in the opinion.

(Ottis Elwood) Toole v. State, 479 So.2d 731 (Fla. 1985). Duval County. Conviction affirmed, death sentence vacated and remanded for resentencing. Paula Saunders for Toole.

(Mark Andrew) Burch v. State, 478 So.2d 1050 (Fla. 1985). Broward County. Reversed. The jury recommended death but their vote is not set out.

(Clarence Edward) Hill v. State, 477 So.2d 553 (Fla. 1985). Escambia County. Conviction affirmed, death sentence reversed for a new punishment phase. The jury recommended death 10-2. Steve Bolotin for Hill. See later 515 So.2d 176 (Fla. 1987).

(Harold) Hooper v. State, 476 So.2d 1253 (Fla. 1985). Nassau County. Affirmed. This is the murder of Hooper's sister-in-law, murder of his 9-year-old neice, and the attempted murder of his brother. The jury recommended death for both murders but the vote is not set out.

(Harry) Phillips v. State, 476 So.2d 194 (Fla. 1985). Dade County. Affirmed. No mention of the jury vote at sentencing phase.

(Alphonso) Cave v. State, 476 So.2d 180 (Fla. 1985), cert. denied, 476 U.S. 1178 (1986). Pinellas County. Affirmed. 7-5 jury vote in favor of death. His co-defendants are J. B. Parker, John Earl Bush, and Terry Wayne Johnson. This is the kidnapping/ rape/murder of an 18-year-old night shift Stuart convenience store clerk on April 27, 1982. See habeas decisions at: Cave v. State, 24 Fla.L.Weekly S17 (Florida December 24, 1998); Cave v. State, 660 So.2d 705 (Fla. 1995); Cave v. Singletary, 971 F.2d 1513 (11th Cir. 1992).

(Gregory) Mills v. State, 476 So.2d 172 (Fla. 1985). Seminole County. Affirmed. This is a mercy override case.

(J.B. "Big Pig") Parker v. State, 476 So.2d 134 (Fla. 1985). Martin County. Affirmed. 8-4 jury death recommendation. His co-defendants are Alphonso Cave, John Earl Bush, and Terry Wayne Johnson. This is the kidnapping/rape/murder of an 18-year-old night shift Stuart convenience store clerk on April 27, 1982. See later opinions at Parker v. State, 542 So.2d 356 (Fla. 1989); Parker v. State, 550 So.2d 459 (Fla. 1989); Parker v. Singletary, 974 F.2d 1562 (11th Cir. 1992); and Parker v. State, 23 Fla.L.Weekly S439 (Fla. September 4, 1998).

(Anthony) Bertolotti v. State, 476 So.2d 130 (Fla. 1985). Orange County. Affirmed. Bertolotti stabs Carl Miller Ward to death in her home. The jury recommended death but the vote is not set out in this opinion. Executed by electrocution on July 27, 1990.

(Ernest Lee) Roman v. State, 475 So.2d 1228 (Fla. 1985). Sumter County. Affirmed. The victim is a two-year-old baby who is sexually assaulted. The jury apparently recommended death but their vote is not set out in the opinion. Three aggravating circumstances were found including HAC.

(David Alan) Gore v. State, 475 So.2d 1205 (Fla. 1985), cert. denied, 475 U.S. 1031 (1986). Pinellas County. Affirmed. Gore and his cousin kidnapped two girls, age 14 and 17, rape them, and Gore shoots the 17-year-old twice in the head when she tries to escape. The jury recommended death but their vote is not set out. See later opinions at: Gore v. Dugger, 763 F.Supp. 1110 (M.D.Fla. 1989), aff’d, 933 F.2d 904 (11th Cir. 1991); and 706 So.2d 1328 (Fla. 1997).

(Harry Dean) Huddleston v. State, 475 So.2d 204 (Fla. 1985). Dade County. Death sentence reduced to life on Tedder.

(Robert Larry) Gibson v. State, 474 So.2d 1183 (Fla. 1985). Dade County. Reversed on a competency question. The jury recommended death but their vote is not given in the opinion. This is a rape/murder during a burglary in June 1976. Gibson was incompetent to stand trial for about two years which is the only issue discussed in this opinion.

(Barry) Hoffman v. State, 474 So.2d 1178 (Fla. 1985). Duval County. Affirmed. The jury recommended death but their vote is not given in the opinion. Two murder victims, Frank Ihenfeld and Linda Sue Parrish, are stabbed to death on September 7, 1990, in a contract killing resulting in one first degree murder conviction and one second degree. Two co-defendants get life, James White and George Marshall who recruited them.

(Wilton Amos "Skeebo") Ross v. State, 474 So.2d 1170 (Fla. 1985). Leon County. Conviction affirmed, death sentence vacated and remanded for imposition of a life sentence on proportionality. Judy Dougherty for Ross. Ross’ wife’s body was found floating in Lake Talquin on February 16, 1982. She had been stabbed and beaten to death. Ross was an alcoholic and they had been fighting while drinking the night before. The jury recommended death but their vote is not set out.

(Robert Ira) Peede v. State, 474 So.2d 808 (Fla. 1985). Orange County. Affirmed. This was a domestic case, the victim was Peede's estranged wife Darla Peede, by cutting her throat on March 30 or 31, 1983. He was angry because he believed that his wife and a girlfriend had advertised in a "swinger" magazine while Peede was in a California prison. The jury recommended death but their vote is not given.

(Manuel) Valle v. State, 474 So.2d 796 (Fla. 1985). Dade County. Affirmed. This concerns the April 2, 1978, night time shooting murder of Coral Gables police officer Louis Pena who had just pulled Valle over. Officer Gary Spell observed the shooting. There is no mention of the jury vote in this opinion. Reserved on Skipper v. South Carolina without an opinion and remanded at Valle v. Florida, 476 U.S. 1102 (1985). See later opinions at: Valle v. State, 394 So.2d 1004 (Fla. 1981); Valle v. State, 502 So.2d 1225 (Fla. 1987); Valle v. State, 581 So.2d 40 (Fla. 1991); Valle v. State, 705 So.2d 1331 (Fla. 1997).

(Frank) Griffin v. State, 474 So.2d 777 (Fla. 1985). Dade County. Affirmed. The jury vote was 12-0 for death.

(John Erroll) Ferguson v. State, 474 So.2d 208 (Fla. 1985). Dade County. Affirmed.

(Gerald Eugene) Stano v. State, 473 So.2d 1282 (Fla. 1985), cert. denied, 474 U.S. 1093 (1986). Brevard County. Affirmed. Executed by electrocution on March 23, 1998.

(Joel Dale) Wright v. State, 473 So.2d 1277 (Fla. 1985). Putnam County. Affirmed.

(Larry Donnell) Brown v. State, 473 So.2d 1260 (Fla.), cert. denied, 474 U.S. 1038 (1985). Pinellas County. Affirmed. A mercy override.

(Dade County) Trawick v. State, 473 So.2d 1235 (Fla. 1985). Dade County. Conviction affirmed, death sentence reversed for a new sentencing with another jury. The jury recommended death but the vote is not set out. Carolyn Snurkowski for the Attorney General. This was a guilty plea.

(Bobby M.) Francis v. State, 473 So.2d 672 (Fla. 1985), cert. denied, 474 U.S. 1094 (1986). Monroe County but this case tried in Dade County. This is a mercy override where Francis had also rejected a life plea offer. Executed by electrocution on June 25, 1991.

(Milo A.) Rose v. State, 472 So.2d 1155 (Fla. 1985). Pinellas County. Affirmed. The jury recommended death but the vote is not set out.

(Sonny Boy) Oats v. State, 472 So.2d 1143 (Fla. 1985). Marion County. Affirmed. This follows a remand for reweighing at 446 So.2d 90 (Fla. 1984). Chris Quarles for Oates.

(Theodore Robert) Bundy v. State, 471 So.2d 9 (Fla. 1985), cert. denied, 479 U.S. 894 (1986). Columbia County. Affirmed. Executed by electrocution on January 14, 1989.

(Jacob John Jr.) Dougan v. State, 470 So.2d 697 (Fla. 1985), cert. denied, 475 U.S. 1098 (1986). Duval County. Conviction affirmed, death sentence vacated and remanded for a new punishment phase.

(Elwood C.) Barclay v. State, 470 So.2d 691 (Fla. 1985). Duval County. Conviction affirmed, death sentence reduced to life under Tedder. This is a new appeal following state habeas relief at Barclay v. Wainwright, 444 So.2d 956 (Fla. 1984). Sandy D'ALemberte for Barclay.

(Robert) Patten v. State, 467 So.2d 975 (Fla. 1985). Dade County. Convictions affirmed, death sentence vacated and remanded for a new sentencing trial with a jury because of use of an "Allen" charge. The jury vote is 7-5 in favor of death. The victim is a Miami Police Officer.

(Charlie Lewis) Burr v. State, 466 So.2d 1051 (Fla.), cert. denied, 474 U.S. 879 (1985). Leon County. Affirmed. This was a mercy override. Dave Davis for Burr.

(Pedro) Medina v. State, 466 So.2d 1046 (Fla. 1985). Orange County. Affirmed. Executed by electrocution on March 25, 1997. Medina appeared to catch fire during his electrocution.

(Daniel Karr) Johnson v. State, 465 So.2d 499 (Fla.), cert. denied, 474 U.S. 865 (1985). Clay County. Affirmed. The jury recommended death but their vote is not set out. The victim is a topless dancer who was strangled.

(Carl Allen) Caruthers v. State, 465 So.2d 496 (Fla. 1985). Santa Rosa County. Conviction affirmed, death sentence reduced to life on proportionality. Steve Bolotin for Caruthers.

(Kayle Barrington) Bates v. State, 465 So.2d 490 (Fla. 1985). Bay County. Bates is a black delivery person. He enters an insurance office where he abducts, robes, rapes, and stabs to death a young white woman employee. Conviction affirmed, death sentence vacated and remanded for a reweighing. Dave Davis for Bates. The jury recommended a death sentence but the vote is not set out. See later opinions at: Bates v. State, 506 So.2d 1033 (Fla.), cert. denied, 484 U.S. 873 (1987); Bates v. Dugger, 604 So.2d 457 (Fla. 1992), cert. denied, 507 U.S. 992 (1993); and Bates v. State, 750 So.2d 6 (Fla. 1999).

(Mario) Lara v. State, 464 So.2d 1173 (Fla. 1985). Dade County. Affirmed.

(Raymond Leon) Koon v. State, 463 So.2d 201 (Fla.), cert. denied, 472 U.S. 1031 (1985). Collier County. Reversed on spousal privilege. The jury recommended death but no vote is given.

(Robert Dale) Henderson v. State, 463 So.2d 197 (Fla.), cert. denied, 473 U.S. 916 (1985). Hernando County. Affirmed. Executed by electrocution on April 21, 1993.

(Tommy Lee) Randolph v. State, 463 So.2d 186 (Fla. 1985). St. Lucie County. Conviction affirmed, death sentence vacated and remanded for a new sentence in light of disallowed aggravating circumstances. No mention of how the jury voted.

(John Jr.) Mills v. State, 462 So. 1075 (Fla.), cert. denied, 473 U.S. 911 (1985). Wakulla County. Affirmed. Roosevelt Randolph for Mills. Mills is convicted of the kidnapping and murder of Les Lawhon during a burglary. His codefendant Michael Fredrick pleads to second degree murder and testifies against Mills. Jury recommended death, no vote given. See later opinions at: 507 So.2d 602 (Fla. 1987); Mills v. Dugger, 523 So.2d 578 (Fla. 1988); Mills v. Dugger, 574 So.2d 63 (Fla. 1990). Executed on December 6, 1996.

1984

(Lloyd) Duest v. State, 462 So.2d 446 (Fla. 1984). Broward County. Affirmed. Jury recommended death, no vote given in this opinion but a federal habeas decision says 7-5. For later opinions see: Duest v. Singletary, 967 F.2d 472 (11th Cir. 1992); Singletary v. Duest, 507 U.S. 1048 (1993); Duest v. Singletary, 997 F.2d 1336 (11th Cir. 1993).

(David Walter) Troedel v. State, 462 So.2d 392 (Fla. 1984). Collier County. Conviction and death sentence affirmed. The jury recommended death, no vote given.

(John Earl) Bush v. State, 461 So.2d 936 (Fla. 1984), cert. denied, 475 U.S. 1031 (1986). Executed by electrocution on October 21, 1996.

(James Franklin) Rose v. State, 461 So.2d 84 (Fla. 1984), cert. denied, 471 U.S. 1143 (1985). Hillsborough County. Affirmed. 11-1 for death.

(Kenneth Wayne) Hardwick v. State, 461 So.2d 79 (Fla. 1984). Highlands County. Affirmed. Jury recommended death, no vote given.

(Allen Lee) Davis v. State, 461 So.2d 67 (Fla. 1984), cert. denied, 473 U.S. 913 (1985). Duval County. Affirmed. Victims were a mother and her two children. See later opinions at: Davis v. Singletary, 853 F.Supp. 1492 (M.D. Fla. 1994), affirmed, 119 F.3d 1471 (11th Cir. 1997), cert. denied, 118 S.Ct. 1848 (1998); 24 Fla.L.Weekly S260 (Florida June 3, 1999). Davis was the last Florida inmate executed in the electric chair on July 8, 1999. Problems with his execution brought lethal injection in a January 2000 special session of the legislature.

(Gerald Eugene) Stano v. State, 460 So.2d 890 (Fla. 1984), cert. denied, 471 U.S. 1111 (1985). Volusia County. Affirmed.

(Daniel Lee) Doyle v. State, 460 So.2d 353 (Fla. 1984). Broward County. Affirmed. Doyle was doing yard work for the Kipp family. On September 5, 1981, he raped and murdered Pamela Kipp, and dumped her body with yard refuse. Also discovered at the site was the skeletal remains of Monica Ruddick. Doyle admitted both murders then recanted. Doyle was 21 at the time and had an IQ between 70 and 80 with "organic brain defects". No jury vote given in the opinion.

(William) Eutzy v. State, 458 So.2d 755 (Fla. 1984), cert. denied, 471 U.S. 1045 (1985). Escambia County. Affirmed in spite of a jury mercy recommendation. Eutzy and his sister-in-law Laura Eutzy secure a cab at the Pensacola airport, have cabbie Herman Hughley drive them to Panama City. Hughley was shot at some point and his body discovered in the cab back in Pensacola the next day. Laura Eutzy was later arrested with the murder weapon in her purse. She testified for the State saying Eutzy killed Hughley. This jury recommended mercy. Steve Bolotin for Eutzy. Larry Kaden for the Attorney General.

(Robert Lacey) Parker v. State, 458 So.2d 750 (Fla. 1984). Duval County. Conviction affirmed and death sentence affirmed in spite of jury mercy recommendation.

(Aubrey Arthur) Livingston v. State, 458 So.2d 235 (Fla. 1984). Broward County. Reversed.

(Tommy S.) Groover v. State, 458 So.2d 226 (Fla. 1984), cert. denied, 471 U.S. 1009 (1985). Duval County. Affirmed. This is a mercy override. His co-defendant was Robert Lacy Parker, also sentenced to death. Joyce Reeves for Groover. See in post conviction: Groover v. State, 489 So.2d 15 (Fla. 1986); Groover v. State, 574 So.2d 97 (Fla. 1991); Groover v. State, 640 So.2d 1077 (Fla. 1994); Groover v. State, 656 So.2d 424 (Fla. 1995); Groover v. State, 703 So.2d 1035 (Fla. 1997).

(Johnny) Copeland v. State, 457 So.2d 1012 (Fla. 1984). Wakulla County. Conviction affirmed except for a kidnaping count, death sentence affirmed. The jury recommended a death sentence but no vote is set out.

(George) Lemon v. State, 456 So.2d 885 (Fla. 1984), cert. denied, 469 U.S. 1230 (1985). Polk County. Affirmed. A Bill McLain case. The jury recommended death, no vote given.

(Edward Clifton) Thomas v. State, 456 So.2d 454 (Fla. 1984). Broward County. A mercy override affirmed. See 546 So.2d 716 (Fla. 1989). The jury recommended life.

(Isaac Floyzell) Thompson v. State, 456 So.2d 444 (Fla. 1984). Hillsborough County. Conviction affirmed, death reduced to life under Tedder. The jury recommended life.

(Norman) Parker v. State, 456 So.2d 436 (Fla. 1984). Dade County. Affirmed. The jury recommended death, no vote given.

(Edward Dean) Kennedy v. State, 455 So.2d 351 (Fla. 1984), cert. denied, 469 U.S. 1197 (1985). Duval County. Affirmed. The victims are two law enforcement officers, killed after Kennedy had escaped from UCI. The jury recommended death for each victim but the votes are not set out in the opinion. Joyce Reeves for Kennedy. Executed by electrocution on July 21, 1992.

(Theodore Robert) Bundy v. State, 455 So.2d 330 (Fla. 1984). Leon County. Affirmed. This is a two-body case, the Chi O murders at FSU. Four other women survive. The jury recommended death in both murders but the votes are not set out in the opinion. Bundy was executed by electrocution on another Florida conviction on January 24, 1989.

(Bryan F.) Jennings v. State, 453 So.2d 1109 (Fla. 1984), vacated on other grounds, 470 U.S. 1002 (1985). Brevard County. Affirmed by the FSC. Chris Quarles for Jennings. 9-3 jury vote.

(Davidson Joel) James v. State, 453 So.2d 786 (Fla.), cert. denied, 469 U.S. 1098 (1984). Hillsborough County. Affirmed.

(Larry Eugene) Mann v. State, 453 So.2d 784 (Fla. 1984). Pinellas County. Affirmed. Bill McLain for Mann.

(James A.) Morgan v. State, 453 So.2d 394 (Fla. 1984). Martin County. Reversed.

(Fred Lyman) Brumbley v. State, 453 So.2d 381 (Fla. 1984). Taylor County. Conviction affirmed, death sentence vacated and remanded for a life sentence under Enmund. Carl McGinnis for Brumbley.

(James Armando Sr.) Card v. State, 453 So.2d 17 (Fla. 1984), cert. denied, 469 U.S. 989 (1984). Bay County. Affirmed.

(Philllip) Atkins v. State, 452 So.2d 529 (Fla. 1984). Polk County. Electrocuted on December 5, 1995.

(Omar) Blanco v. State, 452 So.2d 520 (Fla. 1984), cert. denied, 469 U.S. 1181 (1985). Broward County. Affirmed. See later opinions at: Blanco v. Wainwright, 507 So.2d 1377 (Fla. 1987); Blanco v. Dugger, 691 F.Supp. 308 (S.D.Fla. 1988); Blanco v. Singletary, 943 F.2d 1477 (11th Cir. 1991); and Blanco v. State, 706 So.2d 7 (Fla. 1997), cert. denied, 119 S.Ct. 96 (1998).

(Larry Harold) Gurganus v. State, 451 So.2d 817 (Fla. 1984). Bay County. Reversed. Carl McGinnes for Gurganus. The jury recommended life.

(Clarence) Jackson v. State, 451 So.2d 458 (Fla. 1984). Hillsborough County. Reversed. Bill McLain for Jackson. The jury recommended death, no vote given.

(William M.) Squires v. State, 450 So.2d 208 (Fla. 1984). Hillsborough County. Affirmed. See later opinions at 565 So.2d 318 (Fla. 1990).

(Theodore) Bassett v. State, 449 So.2d 803 (Fla. 1984). Volusia County. Affirmed.

(Ronnie Lee) Jones v. State, 449 So.2d 253 (Fla. 1984). Dade County. Affirmed. On July 1-2, 1980, Jones and an unidentified man were admitted to the home of John Uptgrow about midnight, shooting Uptgrow, [no first name] Hill, and [no first name] Smith. The jury recommended death 11-1, apparently on all three murders. See is post conviction: Jones v. State, 740 So.2d 520 (Fla. 1999) and Jones v. State, 478 So.2d 346 (Fla. 1985).

(Robert D.) Heiney v. State, 447 So.2d 210 (Fla. 1984). Okaloosa County. Affirmed. The jury recommended death.

(Ted) Herring v. State, 446 So.2d 1049 (Fla.), cert. denied, 446 U.S. 1049 (1984). Volusia County. Affirmed. The jury recommended death 8-4. See later decisions at 580 So.2d 135 (Fla. 1991) and 23 Fla.L.Weekly S491 (Fla. September 24, 1998).

(Bobby Earl) Lusk v. State, 446 So.2d 1038 (Fla. 1984), cert. denied, 469 U.S. 873 (1984). Bradford County. Mercy override affirmed. The jury recommended life.

(Jerry) White v. State, 446 So.2d 1031 (Fla. 1984). Orange County. The jury recommended death, no vote given. See later opinion at 565 So.2d 322 (Fla. 1990). Executed by electrocution on December 4, 1995.

(Sonnie Boy Jr.) Oats v. State, 446 So.2d 90 (Fla. 1984). Marion County. Conviction affirmed, the death sentence is vacated and remanded for a reweighing after three aggravating circumstances are disallowed. The jury recommended death but the vote is not set out.

(Eddie L.) Rembert v. State, 445 So.2d 337 (Fla. 1984). Marion County. Conviction affirmed, death sentence vacated and remanded for imposition of a life sentence on proportionality. After a day of drinking and worrying about his bills Rembert went to the elderly victim’s bait shop where he robbed him of $40-$60 and beat him to death. The jury recommended death but their vote is not set out in the opinion. The only aggravating circumstance that survives appellate review is murder in the course of a robbery.

(Robert A.) Preston v. State, 444 So.2d 939 (Fla. 1984). Seminole County. Affirmed. The jury recommended death but no vote is given. Punishment phase later reversed in post conviction.

(Terry Melvin) Sims v. State, 444 So.2d 922 (Fla. 1984), cert. denied, 467 U.S. 1246 (1984). Seminole County. Affirmed. The jury recommended death but no vote is given. The case involved the murder of a volunteer Seminole County deputy named George Pfeil during the December 29, 1977, armed robbery of a pharmacy. Post conviction relief was denied at: Sims v. State, 602 So.2d 1253 (1992), cert. denied, 506 U.S. 1065 (1993); Sims v. Singletary, 155 F.3d 1297 (11th Cir. 1998), cert. denied, 119 S.Ct. 2373 (1999); Sims v. State, 24 Fla.L.Weekly S519 (Florida October 27, 1999); Sims v. State, 25 Fla.L.Weekly S117 (Florida February 8, 2000); and Sims v. State, 25 Fla.L.Weekly S128 (Florida February 16, 2000) a challenge to the new lethal injection statute. Sims was executed by lethal injection on February 23, 2000.

1983

(Larry) Clark v. State, 443 So.2d 973 (Fla. 1983), cert. denied, 467 U.S. 1210 (1984). Hillsborough County. Affirmed. The jury recommended death 8-4. Clark and another rob a Tampa sign shop on October 30, 1981, shooting 74-year-old Mrs. Satey in the eye and killing her.

(Linroy) Bottoson v. State, 443 So.2d 962 (Fla. 1983). Orange County. Affirmed. The victim is Catherine Alexander, postmistress of Eatonville, who was kidnapped and stabbed 14 times during an October 26, 1979, robbery of postal money orders. The jury recommended death but no vote is given.

(Lucious Jr.) Andrews v. State, 443 So.2d 78 (Fla. 1983). Leon County. Reversed on a grand jury foreman discrimination claim. This is a death sentence for the rape of a child, here 8-year-old Quinezett Bryant. Mike Allen for Andrews. The jury recommended against death 12-0 but acting Circuit Judge Charles McClure overrode them.

(Robert) Peavy v. State, 442 So.2d 200 (Fla. 1983). Dade County. Conviction affirmed by death sentence vacated and remanded for what reads like reweighing.

(Terrell M.) Johnson v. State, 442 So.2d 193 (Fla. 1983). Orange County. Affirmed.

(Larry Joe) Johnson v. State, 442 So.2d 185 (Fla. 1983). Madison County. Affirmed. Executed by electrocution on May 8, 1993.

(Eric Jim) Chandler v. State, 442 So.2d 171 (Fla. 1983). Indian River County. Conviction affirmed, death sentence vacated and remanded for a new punishment phase.

(Connie Moore) Livingston v. State, 441 So.2d 1083 (Fla. 1983). Okaloosa County. Reversed. Melanie Hines for Livingston.

(Dan Edward) Routley v. State, 440 So.2d 1257 (Fla. 1983). Marion County. Affirmed.

(David Ross) Delap v. State, 440 So.2d 1242 (Fla. 1983), cert. denied, 467 U.S. 1264 (1984). Orange County. Affirmed.

(Leo) Jones v. State, 440 So.2d 570 (Fla. 1983). Duval County. Affirmed. Executed on March 24, 1998.

(Fredrick) Herzog v. State, 439 So.2d 1372 (Fla. 1983). Broward County. Conviction affirmed, sentence reduced to life on Tedder.

(Robert Allen) Teffeteller v. State, 439 So.2d 840 (Fla. 1983), cert. denied, 465 U.S. 1074 (1984). Conviction affirmed, death sentence vacated and remanded for a new punishment phase. See later opinion at 495 So.2d 744 (Fla. 1986). Teffeteller died of cancer in summer 2000 while still on death row.

(Gregory Scott) Engle v. State, 438 So.2d 803 (Fla. 1983). Duval County. Conviction affirmed, death sentence vacated and remanded for a new sentencing hearing before the judge because of the earlier consideration by the judge of a confession of a codefendant. Mike Corin for Engle.

(Theodore) Harris v. State, 438 So.2d 787 (Fla. 1983), cert. denied, 466 U.S. 963 (1984). Dade County. Affirmed. The jury recommended death but the vote is not given.

(Paul Beasley) Johnson v. State, 438 So.2d 774 (Fla. 1983), cert. denied, 465 U.S. 1051 (Fla. 1984). Alachua County. Affirmed. See later Johnson v. Wainwright, 498 So.2d 938 (Fla. 1986), cert. denied, 481 U.S. 1016 (1987) and Johnson v. State, 608 So.2d 4 (Fla. 1992).

(Ian) Lightbourne v. State, 438 So.2d 380 (Fla. 1983), cert. denied, 465 U.S. 1051 (1984). Marion County. Affirmed. See later opinions at: Lightbourne v. State, 471 So.2d 27 (1985); Lightourne v. Dugger, 549 So.2d 1364 (Fla. 1989), cert. denied, 494 U.S. 1039 (1990); Lightbourne v. State, 644 So.2d 54 (Fla. 1994).

(Oscar) Mason v. State, 438 So.2d 374 (Fla. 1983). Hillsborough County. Affirmed.

(Buddy Earl) Justus v. State, 438 So.2d 358 (Fla. 1983). \Pasco County. Affirmed. Dave Davis for Justus.

(Robert C.) Richardson v. State, 437 So.2d 1091 (Fla. 1983). Leon County. Conviction affirmed, death sentence reduced to life under Tedder.

(James Roger) Huff v. State, 437 So.2d 1087 (Fla. 1983). Sumter County. Reversed. See later opinions at: Huff v. State, 495 So.2d 145 (Fla. 1986); Huff v. State, 569 So.2d 1247 (Fla. 1990); Huff v. State, 622 So.2d 982 (Fla. 1993).

(Roy Allen) Harich v. State, 437 So.2d 1082 (Fla. 1983), cert denied, 465 U.S. 1051 (1984). Volusia County. Affirmed. 9-3 jury vote. Electrocuted on April 21, 1991.

(Earnest) Fitzpatrick v. State, 437 So.2d 1072 (Fla. 1983), cert. denied, 465 U.S. 1051 (1984). Escambia County. Affirmed. But see 490 So.2d 938 (Fla. 1986) and 527 So.2d 809 (Fla. 1988).

(John) Michael v. State, 437 So.2d 138 (Fla. 1983). Pinellas County. Affirmed. Dave Davis for Michael.

(Freddie Lee) Williams v. State, 437 So.2d 133 (Fla. 1983), cert. denied, 466 U.S. 909 (1984). Orange County. Affirmed.

(Sam Jr.) Wilson v. State, 436 So.2d 908 (Fla. 1983). Broward County. Affirmed.

(Clyde) Foster v. State, 436 So.2d 56 (Fla. 1983). Columbia County. Conviction affirmed, death sentenced reduced to life. Foster and ano

ther of shooting C. J. Weimort and Buddy Grady during the August 3, 1974, robbery. Carl McGinnes for Foster. See an earlier opinion giving a new trial on a conflict of interest claim at Foster v. State, 387 So.2d 344 (Fla. 1980).

(Richard) King v. State, 436 So.2d 50 (Fla. 1983), cert. denied, 466 U.S. 909 (1984). Orange County. Affirmed. On August 27, 1979, Peggy Burnside of Orlando was struck with a blunt object and shot in an apartment where she lived with King. King turned himself in to Daytona Beach police after seeing news coverage of the murder. He also confessed. The jury recommended death but no vote is set out in this opinion. King had a prior manslaughter conviction for killing a previous common law wife with an axe.

(David Lee) Hawkins v. State, 436 So.2d 44 (Fla. 1983). Collier County. Conviction affirmed, death sentences reduced to life on proportionality. Bill McLain for Hawkins.

(Joseph Robert) Spaziano v. State, 433 So.2d 508 (Fla. 1983). Seminole County. Affirmed. See later Spaziano v. Florida, 468 U.S. 447, 104 S.Ct. 3154, 82 L.Ed.2d 340 (1984); Spaziano v. State, 660 So.2d 1363 (Fla. 1995), cert. denied, 116 S.Ct. 722, 133 L.Ed.2d 674 (1996).

(Solomon) Webb v. State, 433 So.2d 496 (Fla. 1983). Broward County. Conviction affirmed, death sentence reduced to life under Tedder.

(Ricky) Washington v. State, 432 So.2d 44 (Fla. 1983). Broward County. Conviction affirmed, death sentence reduced to life under Tedder.

(John) O'Callaghan v. State, 429 So.2d 691 (Fla. 1983). Broward County. Affirmed. The jury recommended a death sentence but the vote is not set out in the opinion.

(Robert Brian) Waterhouse v. State, 429 So.2d 301 (Fla.), cert. denied, 464 U.S. 977 (1983). Pinellas County. Affirmed. The jury recommended a death sentence but the vote is not actually set out. Waterhouse had a prior second degree murder conviction in New York. See subsequent opinions at 522 So.2d 341 (Fla.), cert. denied, 488 U.S. 846 (1988) and 596 So.2d 1008 (Fla. 1992).

(Raleigh) Porter v. State, 429 So.2d 293 (Fla.), cert. denied, 464 U.S. 865 (1983). Affirmed. This is a second punishment phase. See earlier opinion at 400 So.2d 5 (Fla. 1981). See subsequent opinions at 23 Fla.L.Weekly S548 (Fla. October 15, 1998); Porter v. Singletary, 49 F.3d 1483 (11th Cir.); Porter v. Singletary, 14 F.3d 554 (11th Cir. 1994), cert. denied, 513 U.S. 1009 (1995); Porter v. Dugger, 805 F.Supp. 941 (M.D.Fla. 1992); Porter v. Dugger, 777 F.Supp. 934 (M.D.Fla. 1991); Porter v. Wainwright, 805 F.2d 930 (11th Cir. 1986), cert. denied, 482 U.S. 918 and 482 U.S. 919 (1987); 700 So.2d 647 (Fla. 1997); 688 So.2d 318 (Fla. 1997); 653 So.2d 374 (Fla.), cert. denied, 514 U.S. 1092 (1995); Porter v. Dugger, 559 So.2d 201 (Fla. 1990); and 478 So.2d 33 (Fla. 1985).

(Michael Eugene) Cannaday v. State, 427 So.2d 723 (Fla. 1983). Bay County. Conviction affirmed, death sentence vacated and death reduced to life under Tedder. Larry Kaden for the State.

1982

(William) Middleton v. State, 426 So.2d 548 (Fla. 1982). Dade County. Affirmed.

(James Franklin) Rose v. State, 425 So.2d 521 (Fla. 1982), cert. denied, 461 U.S. 909 (1983). Hillsborough County. Conviction affirmed, death sentence reversed and remanded for a new punishment phase. 6-6 jury vote.

(Frank) Smith v. State, 424 So.2d 726 (Fla. 1982). Wakulla County. Affirmed. The jury recommended death but the vote is not set out in the opinion.

(Bernard) Bolander v. State, 422 So.2d 833 (Fla. 1982), cert. denied, 461 U.S. 939 (1983). Dade County. Affirmed on a mercy override. The jury recommended life. Executed on July 18, 1995.

(James Douglas) Hill v. State, 422 So.2d 816 (Fla. 1982), cert. denied, 460 U.S. 1017 (1983). Hillsborough County. Affirmed. The jury recommended death but no vote is given.

(Thomas) McCampbell v. State, 421 So.2d 1072 (Fla. 1982). Escambia County. Conviction affirmed, death sentence reduced to life under Tedder. This is the April 7, 1978, robbery of a Pensacola Kwik Check by four armed males. McCampbell shots a security guard in the head during the robbery. Mike Corin for McCampbell.

(Roy Allen) Stewart v. State, 420 So.2d 862 (Fla. 1982), cert. denied, 460 U.S. 862 (1983). Dade County. Affirmed. This is for the robbery, rape, and strangulation murder of an elderly woman. Electrocuted on April 22, 1994.

(Leon) Scott v. State, 420 So.2d 595 (Fla. 1982). Reversed. Dade County.

(Nollie Lee) Martin v. State, 420 So.2d 583 (Fla. 1982), cert. denied, 460 U.S. 583 (1983). Palm Beach County. Affirmed. Electrocuted on May 12, 1992.

(Larry Eugene) Mann v. State, 420 So.2d 578 (Fla. 1982). Pinellas County. Conviction affirmed, remand for a new sentencing proceeding.

(Jeffrey Joseph) Daugherty v. State, 419 So.2d 1067 (Fla. 1982), cert. denied, 459 U.S. 1228 (1983). Brevard County. Affirmed. The jury recommended death but their vote is not set out in the opinion. Electrocuted on November 7, 1988.

(Rufus Eugene) Stevens v. State, 419 So.2d 1058 (Fla. 1982), cert. denied, 459 U.S. 1228 (1983). Duval County. Affirmed. Ray Marky for the State. This is a mercy override that is affirmed.

(William Cornelius) Simmons v. State, 419 So.2d 316 (Fla. 1982). Pasco County. Conviction affirmed, death sentence vacated and remanded for a new punishment phase.

(Antonio) Melendez v. State, 419 So.2d 312 (Fla. 1982). Dade County. Death sentence vacated and life imposed on proportionality. This is a second punishment phase on direct appeal. See earlier opinion at 368 So.2d 1278 (Fla. 1979).

(Merle R.) Sturdivan v. State, 419 So.2d 300 (Fla. 1982). Dade County. Reversed. This is a 1971 pre-Furman murder and Judge Ellen Morphonious was apparently confused on the law.

(Donald Albert) Walsh v. State, 418 So.2d 1000 (Fla. 1982). Collier County. Conviction affirmed. Death sentence reduced to life under Tedder.

(William Howe) Gilven v. State, 418 So.2d 996 (Fla. 1982). Hernando County. Conviction affirmed, death sentence reduced to life under Tedder.

(Elred Lonnie) Moody v. State, 418 So.2d 989 (Fla. 1982), cert. denied, 459 U.S. 989 (1983). Orange County. Conviction affirmed, death sentence vacated and remanded for consideration of nonstatutory mitigation without a new jury. The jury recommended death but their vote is not set out in the opinion.

(Willie Clayton) Simpson v. State, 418 So.2d 984 (Fla. 1982). Duval County. Reversed. The victim was a policeman.

(Daniel Lowell) Coler v. State, 418 So.2d 238 (Fla. 1982). Duval County. Reversed. This is a child rape case involving three counts with his own daughter.

(John Erroll) Ferguson v. State, 417 So.2d 639 (Fla. 1982). Dade County. Dade County. Conviction affirmed, death sentence vacated and remanded for rewighing as two aggravating circumstances are disallowed.

(John Erroll) Ferguson v. State, 417 So.2d 631 (Fla. 1982). Dade County. Conviction affirmed, death sentence vacated for consideration of certain mitigation. The jury recommended death but no vote set out in opinion.

(Anibal) Jaramillo v. State, 417 So.2d 257 (Fla. 1982). Dade County. Reversed on insufficient evidence and remanded with instructions to discharge. This is a two body case with death sentences in each.

(Harold Gene) Lucas v. State, 417 So.2d 250 (Fla. 1982). Lee County. Conviction affirmed, death sentence vacated and remanded for a new sentencing phase on what reads like a Lockett violation. This followed an earlier remand. See an earlier opinion at 376 So.2d 1149 (Fla. 1979).

(Ervin) McCray v. State, 416 So.2d 804 (Fla. 1982). Broward County. Conviction affirmed. The jury recommended life, the trial court imposed death, here life imposed under Tedder.

(Ernest Lee) Miller v. State, 415 So.2d 1262 (Fla. 1982). Pasco County. Affirmed. This is a mercy override case.

(William) White v. State, 415 So.2d 719 (Fla.), cert. denied, 459 U.S. 1055 (1982). Orange County. While drinking with a bunck of his Outlaw Biker buddies, White beats and finally stabs to death a woman named Gracie Mae Crawford because she "liked blacks." The jury recommended death 12-0. See later opinions at: White v. Dugger, 523 So.2d 140 (Fla.), cert. denied, 488 U.S. 871 (1988); 24 Fla.L.Weekly S131 (Florida, March 11, 1999).

(Floyd) Morgan v. State, 415 So.2d 6 (Fla. 1982). Union County. Affirmed.

(William Lanay) Harvard v. State, 414 So.2d 1032 (Fla. 1982), cert. denied, 459 U.S. 1128 (1983). Brevard County. Affirmed. This is the 1974 shootgun murder of Harvard’s second x-wife, Ann Bovard, whom Harvard had stalked from her place of employment. Harvard pulled up beside her car in his car and fired. This jury recommended death but no vote was given. The trial judge found that no mitigation was present. See an earlier decision at Harvard v. State, 375 So.2d 833 (Fla. 1978).

(Kenneth) Griffin v. State, 414 So.2d 1025 (Fla. 1982). Bradford County. Affirmed.

(Kenneth Darcell) Quince v. State, 414 So.2d 185 (Fla. 1982), cert. denied, 459 U.S. 895 (1982)(with a three page dissent by Marshall and Brennan). Volusia County. Affirmed. Quince waived a jury and was sentenced by a judge. The victim is an 82-year-old woman strangled at home. See habeas opinions at: 592 So.2d 669 (Fla. 1992); 477 So.2d 535 (Fla. 1985), cert. denied, 475 U.S. 1132 (1986); 676 So.2d 369 (Fla. 1996); and 24 Fla.L.Weekly S173 (Fla. April 8, 1999).

(Bobby M.) Francis v. State, 413 So.2d 1175 (Fla. 1982). Monroe County. Reversed. Electrocuted on June 25, 1991.

(James Ernest) Hitchcock v. State, 413 So.2d 741 (Fla.), cert. denied, 459 U.S. 960 (1982). Orange County. Affirmed. See later opinions at: Hitchcock v. State, 432 So.2d 42 (Fla. 1983); Hitchcock v. Dugger, 481 U.S. 393 (1987); Hitchcock v. State, 578 So.2d 685 (Fla. 1990), cert. denied, 502 U.S. 912 (1991); Hitchcock v. Florida, 505 U.S. 1215 (1992); Hitchcock v. State, 614 So.2d 483 (Fla. 1993); Hitchcock v. State, 673 So.2d 859 (Fla. 1996); Hitchcock v. State, 25 Fla.L.Weekly S239 (Fla. March 23, 2000).

(Bryan F.) Jennings v. State, 413 So.2d 24 (Fla. 1982). Brevard County. Reversed.

(McArthur) Breedlove v. State, 413 So.2d 1 (Fla. 1982). Dade County. Affirmed.

(Aubrey Dennis Jr.) Adams v. State, 412 So.2d 850 (Fla.), cert. denied, 459 U.S. 882 (1982). Marion County. Affirmed. Mike Corin for Adams. Electrocuted on May 4, 1989.

(Alonzo) Bryant v. State, 412 So.2d 347 (Fla. 1982). Dade County. First degree murder conviction reversed, armed robbery conviction affirmed.

(Walter Gale) Steinhorst v. State, 412 So.2d 332 (Fla. 1982). Bay County. Affirmed. See state post conviction at Steinhorst v. Wainwright, 477 So.2d 537 (Fla. 1985). Steinhorst died of an illness in 1999 while still on death row.

(Elwood Clark) Barclay v. State, 411 So.2d 1310 (Fla. 1982), affirmed, 463 U.S. 939 (1983). Duval County. Affirmed after an earlier remand at 362 So.2d 657 (Fla. 1978), on a Gardner claim.

(Paul William) Scott v. State, 411 So.2d 866 (Fla. 1982). Palm Beach County. Affirmed. See later habeas decisions at: Scott v. Butterworth, 24 Fla.L.Weekly S195 (Fla. April 29, 1999).

(Luis Carlos) Arango v. State, 411 So.2d 172 (Fla. 1982). Dade County. Affirmed. In March 1980 Arango apparently strangled the victim with an electrical cord in a Miami apartment. Arango was arrested in the apartment. Cocaine, pistols, and $7,800 cash were also found in the apartment. The opinion reads like Arango lived there. The jury apparently recommended death but there is no reference to a punishment phase jury, just the guilty verdict.

(Leslie R.) Jones v. State, 411 So.2d 165 (Fla. 1982). Escambia County. Affirmed.

(Charlie M. Jr.) Vaught v. State, 410 So.2d 147 (Fla. 1982). Leon County. Affirmed. The jury recommended death but no vote given.

1981

(William Riley) Jent v. State, 408 So.2d 1024 (Fla. 1981), cert. denied, 457 U.S. 1111 (1982). Pasco County. Affirmed. The jury apparently recommended a death sentence but the opinion makes no mention of it whatsoever.

(William Duane) Elledge v. State, 408 So.2d 1021 (Fla. 1981). Broward County. Affirmed. This is an earlier from a new punishment phase only. One victim in this case but two other murder victims. The jury recommended death but their vote is not set out in the opinion. Gregory Smith for the Attorney General. See earlier opinion at 346 So.2d 998 (Fla. 1977). See later opinions at: Elledge v. Graham, 432 So.2d 35 (Fla. 1983); Elledge v. Dugger, 823 F.2d 1439 (11th Cir.), reh’g granted in part, 833 F.2d 250 (11th Cir. 1987); 613 So.2d 434 (Fla. 1993); and 706 So.2d 1340 (Fla. 1997).

(Jimmy) Smith v. State, 407 So.2d 894 (Fla. 1981), cert. denied, 456 U.S. 984 (1982). Jackson County. Affirmed. Two bodies.

(Mark) Mikenas v. State, 407 So.2d 892 (Fla. 1981). Hillsborough County. Affirmed. This follows a remand for resentencing without a jury at 367 So.2d 606 (Fla. 1979).

(Marvin) Francois v. State, 407 So.2d 885 (Fla. 1981), cert. denied, 458 U.S. 1122 (1982). Dade County. Affirmed. The jury recommended death but no vote is given. Six bodies. Electrocuted on May 29, 1985.

(William D.) Christopher v. State, 407 So.2d 198 (Fla. 1981). Collier County. Affirmed. Two bodies; the jury recommended death but no vote breakdown is given.

(Richard Cecil) Blair v. State, 406 So.2d 1103 (Fla. 1981). Volusia County. Conviction affirmed but death sentence reduced to life on proportionality. The jury recommended death but no vote is given.

(David Monroe) Goodwin v. State, 405 So.2d 170 (Fla. 1981). Bay County. Conviction affirmed, death sentence reduced to life under Tedder. This is a Walter Steinhorst co-defendant. Harold Sims is shot and killed by Steinhorst the night of January 22, 1977, when he chances upon a drug smuggling operation near Sandy Creek. Three other victims were later killed by Steinhorst and Charles Hughes. Their skeletal remains were found in a Taylor County sinkhole on August 7, 1977. The jury recommended a life sentence.

(Freddie Lee) Hall v. State, 403 So.2d 1321 (Fla. 1981). Sumter County. Affirmed, but later reversed at 541 So.2d 1125 (Fla. 1989).

(Robert Lewis) Buford v. State, 403 So.2d 943 (Fla. 1981), cert. denied, 454 U.S. 1163 (1982). Polk County. Murder conviction affirmed along with death sentence. Death sentence for the rape of a child age 7 is vacated under Coker.

(Eddie) Odom v. State, 403 So.2d 936 (Fla. 1981). Duval County. Conviction affirmed, death sentence reduced to life under Tedder.

(Guy Ennis) Smith v. State, 403 So.2d 933 (Fla. 1981). Orange County. Conviction affirmed, death sentence reduced to life on Tedder.

(Robert Ike) Combs v. State, 403 So.2d 418 (Fla. 1981), cert. denied, 456 U.S. 984 (1982). Lee County. Affirmed. A Dave Davis case.

(Roy) McKennon v. State, 403 So.2d 389 (Fla. 1981). Duval County. Conviction affirmed, death sentence reduced to life on Tedder.

(Durham Eldon) Stokes v. State, 403 So.2d 377 (Fla. 1981). Orange County. Conviction affirmed, death sentence reduced to life under Tedder.

(Daniel Morris) Thomas v. State, 403 So.2d 371 (Fla. 1981). Volusia County. Reversed. Electrocuted on May 15, 1986.

(Jessie Joseph) Tafero v. State, 403 So.2d 355 (Fla. 1981), cert. denied, 455 U.S. 983 (1982). Broward County. Affirmed. Electrocuted on May 4, 1990. Tafero caught fire during his electrocution.

(Charles Dwight) Messer v. State, 403 So.2d 341 (Fla. 1981). Santa Rosa County. Affirmed. Ted Mack for Messer.

(Beauford) White v. State, 403 So.2d 331 (Fla. 1981), cert. denied, 463 U.S. 1229 (1983). Dade County. Affirmed. The jury recommended death 12-0. Electrocuted on August 28, 1987.

(William Glenn) Welty v. State, 402 So.2d 1159 (Fla. 1981). Orange County. Conviction affirmed, death sentence vacated and remanded for life on Tedder.

(John William) Barfield v. State, 402 So.2d 377 (Fla. 1981). Duval County. Conviction affirmed, death sentence reduced to life under Tedder.

(William Thomas) Zeigler v. State, 402 So.2d 365 (Fla. 1981), cert. denied, 455 U.S. 1035 (1982). Orange County. Affirmed. A mercy override. Death sentence later reversed in state habeas.

(Raleigh) Porter v. State, 400 So.2d 5 (Fla. 1981). Charlotte County. Conviction affirmed, death sentence vacated and remanded on Gardner violation. See subsequent opinions at 23 Fla.L.Weekly S548 (Fla. October 15, 1998); Porter v. Singletary, 49 F.3d 1483 (11th Cir.); Porter v. Singletary, 14 F.3d 554 (11th Cir. 1994), cert. denied, 513 U.S. 1009 (1995); Porter v. Dugger, 805 F.Supp. 941 (M.D.Fla. 1992); Porter v. Dugger, 777 F.Supp. 934 (M.D.Fla. 1991); Porter v. Wainwright, 805 F.2d 930 (11th Cir. 1986), cert. denied, 482 U.S. 918 and 482 U.S. 919 (1987); 700 So.2d 647 (Fla. 1997); 688 So.2d 318 (Fla. 1997); 653 So.2d 374 (Fla.), cert. denied, 514 U.S. 1092 (1995); Porter v. Dugger, 559 So.2d 201 (Fla. 1990); 478 So.2d 33 (Fla. 1985); and 429 So.2d 293 (Fla. 1983).

(Earl) Enmund v. State, 399 So.2d 1362 (Fla. 1981). Hardee County. Affirmed. Enmund is apparently the wheel man during the robbery and shooting murder of an elderly couple, Thomas and Eunice Kersey, 86 and 74, on April 1, 1975. One codefendant received a death sentence, Sampson Armstrong. The other participants were Jeannette Armstrong and Enmund’s common law wife, Ida Jean Shaw. Later reduced to life at Enmund v. Florida, 458 U.S. 782 (1982).

(John P.) Maggard v. State, 399 So.2d 973 (Fla. 1981). Orange County. Conviction affirmed, sentence reversed and remanded for a new punishment phase on prosecutorial misconduct.

(Henry Perry) Sireci v. State, 399 So.2d 964 (Fla. 1981), cert. denied, 456 U.S. 984 (1981). Orange County. Affirmed. But see 587 So.2d 450 (Fla. 1991).

(Sampson) Armstrong v. State, 399 So.2d 953 (Fla. 1981). Hardee County. Affirmed.

(David Livingston) Funchess v. State, 399 So.2d 356 (Fla. 1981). Duval County. Affirmed. See earlier opinions at 341 So.2d 762 and 367 So.2d 1007. Electrocuted on May 29, 1985.

(Preston Junior) Crum v. State, 398 So.2d 810 (Fla. 1981). Lake County. Reversed.

(Jacob John) Dougan v. State, 398 So.2d 439 (Fla.), cert. denied, 454 U.S. 882 (1981). Duval County. Affirmed. This opinion follows a Gardner v. Florida remand at 363 So.2d 657 (Fla. 1978) for a resentencing without a jury. See earlier affirmance at Barclay v. State, 343 So.2d 1266 (Fla. 1978), cert. denied, 439 U.S. 892 (1978).

(Robert F.) Lewis v. State, 398 So.2d 432 (Fla. 1981). Duval County. Conviction affirmed, death sentence vacated and remanded for reweighing after 3 or 4 aggs disallowed. This is a mercy override.

(Delbert Lee) Tibbs v. State, 397 So.2d 1120 (Fla. 1981), aff'd, 457 U.S. 31 (1982). Lee County. This opinion allows the State to retry Tibbs, effectively reversing a trial court order dismissing the charges.

(Stephen Todd) Booker v. State, 397 So.2d 910 (Fla.), cert. denied, 454 U.S. 957 (1981). Alachua County. Affirmed.

(Ronald J.) Straight v. State, 397 So.2d 903 (Fla.), cert. denied, 454 U.S. 1022 (1981). Duval County. Affirmed. Carolyn Snurkowski for the State. Electrocuted on May 20, 1986.

(Timothy Charles) Palmes v. State, 397 So.2d 648 (Fla.), cert. denied, 454 U.S. 882 (1981). Duval County. Affirmed. Carolyn Snurkowski for the State. Electrocuted on November 8, 1984.

(Mack C.) Ruffin v. State, 397 So.2d 277 (Fla. 1981), cert. denied, 454 U.S. 882 (1981). Sumter County. Affirmed.

(Eligaah Ardalle) Jacobs v. State, 396 So.2d 1113 (Fla. 1981), cert. denied, 454 U.S. 933 (1981). Pasco County. Affirmed.

(James Curtis) McCrae v. State, 395 So.2d 1145 (Fla. 1981). Lee County. Affirmed. Ray Marky for the Attorney General. The victim is a 67-year-old woman beaten to death in her apartment. This is a mercy override affirmed by the FSC. McCrae's competency to stand trial was an issue.

(Bennie) Demps v. State, 395 So.2d 501 (Fla.), cert. denied, 454 U.S. 933 (1981). Orange County. Affirmed. This concerned the September 6, 1976, 4:30 p.m. stabbing murder of prison inmate Alfred Sturgis (BM) at the Florida State Prison. Demps was indicted along with James Jackson and Harry Mungin with Jackson as the actual stabber. Demps had two previous first degree murders where the death sentences were reduced to life under Furman v. Georgia. The jury recommended death but no vote is given. See later opinions: Demps v. State, 416 So.2d 808 (Fla. 1982); Demps v. State, 462 So.2d 1074 (Fla. 1984); Demps v. Wainwright, 806 F.2d 1426 (11th Cir. 1986); Demps v. State, 515 So.2d 1092 (Fla. 1987); Demps v. Dugger, 874 F.2d 1385 (11th Cir. 1986); Demps v. Dugger, 714 So.2d 365 (Fla. 1998) and Demps v. State, 25 Fla.L.Weekly S443 (Florida June 5, 2000. Greg Smith for the Attorney General here. Demps was executed by lethal injection on June 7, 2000.

(Anthony Ray) Peek v. State, 395 So.2d 492 (Fla. 1980), cert. denied, 451 U.S. 964 (1981). Polk County. Affirmed. The jury recommended death but no vote given in the opinion.

(Manuel) Valle v. State, 394 So.2d 1004 (Fla. 1981). Dade County. Reversed on in that Valle was requireed to go to trial 24 days after his arraignment. This was an April 2, 1978 cop killing. The jury recommended death but no vote given in the opinion. "We conclude that this cause was expedited in such a manner that it denied appellant his basic rights to a fair trial and that the actions of the trial judge constituted an abuse of discretion," 394 So.2d at 1009. The trial judge was Ellen J. Morphonios.

(Joseph Robert) Spaziano v. State, 393 So.2d 1119 (Fla.), cert. denied, 454 U.S. 1037 (1981). Seminole County. Conviction affirmed, resentencing ordered on a Gardner v. Florida violation. This is a mercy override where the jury recommended life after being almost hung on guilt. See later Spaziano v. State, 433 So.2d 508 (Fla. 1983); Spaziano v. Florida, 468 U.S. 447, 104 S.Ct. 3154, 82 L.Ed.2d 340 (1984); Spaziano v. State, 660 So.2d 1363 (Fla. 1995), cert. denied, 116 S.Ct. 722, 133 L.Ed.2d 674 (1996).

(Marvin Edwin) Johnson v. State, 393 So.2d 1069 (Fla. 1981). Escambia County. Affirmed. This is a mercy override where the jury recommended life.

(James A.) Morgan v. State, 392 So.2d 1315 (Fla. 1981). Martin County. Reversed under State ex rel Boyd v. Green, 355 So.2d 789 (Fla. 1978). Morgan was 16 at the time of the murder and relied upon an insanity defense. The jury recommended death but no vote given in the opinion.

 

1980

(James Curtis) McCrae v. State, 395 So.2d 1145 (Fla. 1980), cert. denied, 454 U.S. 1041 (1981). Lee County. Affirmed.

(Anthony Ray) Peek v. State, 395 So.2d 492 (Fla. 1980), cert. denied, 451 U.S. 964 (1981). Polk County. Affirmed.

(Charles Willis) Malone v. State, 390 So.2d 338 (Fla. 1980), cert. denied, 450 U.S. 1034 (1981). Hillsborough County. Reversed.

(Winford) Mines v. State, 390 So.2d 332 (Fla. 1980). Indian River County. Conviction affirmed, remanded for reweighing. Bench trial, no jury vote.

(Amos Lee) King v. State, 390 So.2d 315 (Fla. 1980). Pinellas County. Conviction affirmed. Bill McLain for King. The jury recommended death but no vote given.

(James Leroy) Phippen v. State, 389 So.2d 991 (Fla. 1980). Putnam County. Conviction affirmed, death sentence reduced to life under Tedder.

(William Lee) Thompson v. State, 389 So.2d 197 (Fla. 1980). Dade County. Affirmed. On March 30, 1976, Thompson and Rocco Surace have two girls with them in a motel room and the girls are to get money from their parents by telephone. When Sally Ivester only gets $25 the two beat, torture, and sexually assault her. She died of internal injuries and bleeding. The jury recommended death but no vote given. See subsequent opinions at: Thompson v. Wainwright, 714 F.2d 1495 (11th Cir. 1983); Thompson v. Wainwright, 787 F.2d 1447 (11th Cir. 1986); Thompson v. Dugger, 515 So.2d 173 (Fla. 1987); Thompson v. State, 619 So.2d 261 (Fla. 1993); and Thompson v. State, 25 Fla.L.Weekly S346 (Fla. April 13, 2000).

(Hayward) Lane v. State, 388 So.2d 1022 (Fla. 1980). Walton County. Conviction vacated on a competency question.

(Clyde) Foster v. State, 387 So.2d 344 (Fla. 1980). Columbia County. Reversed. Carl S. McGinnes for Foster.

(Dane T.) Gafford v. State, 387 So.2d 333 (Fla. 1980). Bay County. Conviction affirmed, death sentence vacated and remanded for reweighing.

(Frank A.) Ross v. State, 386 So.2d 1191 (Fla. 1980). Highlands County. Conviction affirmed, death sentence reduced to life under Tedder. Bill McLain for Ross.

(Paul Edward) Magill v. State, 386 So.2d 1188 (Fla. 1980). Marion County. Conviction affirmed, death sentence vacated and remanded for a new sentencing order.

(Ernest Charles) Downs v. State, 386 So.2d 788 (Fla.), cert. denied, 449 U.S. 976 (1980). Duval County. Affirmed. Downs was paid $5,000 to murder Forrest Jerry Harris, Jr., for insurance money. Downs was hired by Ron Garelick and John Barfield. Downs recruited Larry Johnson to help. See later opinions at: 453 So.2d 1102 (Fla. 1984); 572 So.2d 895 (Fla. 1990), cert. denied, 502 U.S. 829 (1991); and 24 Fla.L.Weekly S231 (Florida May 20, 1999).

(Clifford Jr.) Williams v. State, 386 So.2d 538 (Fla. 1980). Duval County. Conviction affirmed, death sentence reduced to life under both Tedder and proportionality grounds. The jury recommended life.

(Carl Elson) Shriner, 386 So.2d 525 (Fla. 1980), cert. denied, 449 U.S. 1103 (1981). Affirmed. The jury recommended death but the vote was not given. Electrocuted on June 20, 1984.

(Patrick Anthony) Brewer v. State, 386 So.2d 232 (Fla. 1980). Clay County. Reversed. No discussion of the jury vote.

(Jack J.) Neary v. State, 384 So.2d 881 (Fla. 1980). Broward County. Conviction affirmed, death sentence reduced to life under Tedder.

(Anthony) Antone v. State, 382 So.2d 1205 (Fla.), cert. denied, 449 U.S. 913 (1980). Hillsborough County. Affirmed. The jury recommended death but the vote is not set out. Electrocuted on January 26, 1984.

(Enoch Jr.) Lewis v. State, 377 So.2d 640 (Fla. 1980). Orange County. Conviction affirmed, death sentence vacated and remanded to reweigh.

1979

(Rodney Wayne) Malloy v. State, 382 So.2d 1190 (Fla. 1979). Polk County. Conviction affirmed, death sentence reduced to life under Tedder. Ray Marky for the Attorney General.

(Joseph Green) Brown v. State, 381 So.2d 690 (Fla. 1979). Hillsborough County. Affirmed. The jury recommended death but no vote is set out.

(Jessie Lamar) Hall v. State, 381 So.2d 683 (Fla. 1979). Orange County. Reversed. This was a mercy override case.

(Raymond Robert) Clark v. State, 379 So.2d 97 (Fla. 1979), cert. denied, 450 U.S. 936 (1981). Pinellas County. Executed on November 19, 1990.

(Raymond R.) Stone v. State, 378 So.2d 765 (Fla. 1979). Union County. Affirmed.

(Derrick Mo'Mey) Manning v. State, 378 So.2d 274 (Fla. 1979). Columbia County. Reversed.

(Eddie) Freeman v. State, 377 So.2d 1152 (Fla. 1979). Duval County. Reversed.

(Enoch Jr.) Lewis v. State, 377 So.2d 640 (Fla. 1979). Orange County. Conviction affirmed, death sentence vacated and remanded for reweighing and sentencing.

(Harold Gene) Lucas v. State, 376 So.2d 1149 (Fla. 1979). Lee County. Conviction affirmed, death sentence reversed and remanded for a new sentencing trial. See later 490 So.2d 943 (Fla. 1986) and 568 So.2d 18 (Fla. 1990).

(George) Kilpatrick v. State, 376 So.2d 386 (Fla. 1979). Gadsden County. Reversed.

(Ernest John Jr.) Dobbert v. State, 375 So.2d 1069 (Fla. 1979), cert. denied, 447 U.S. 912 (1980). Duval County. Affirmed. This is a resentencing after a Gardner remand. Electrocuted on September 7, 1984.

(William Lanay) Harvard v. State, 375 So.2d 833 (Fla. 1979), cert. denied, 441 U.S. 956 (1979). Brevard County. Conviction affirmed, death sentence reversed on a Gardner v. Florida violation. Mike Corin for the State. 8-4 jury vote for death.

(Jesse Raymond) Rutledge v. State, 374 So.2d 975 (Fla. 1979), cert. denied, 446 U.S. 913 (1980). Alachua County. Affirmed.

(Myron David) Fleming v. State, 374 So.2d 954 (Fla. 1979). Lee County. Conviction affirmed, death sentence vacated and remanded for a resentencing by the judge.

(Monroe) Holmes v. State, 374 So.2d 944 (Fla. 1979). Palm Beach County. Affirmed.

(Daniel Morris) Thomas v. State, 374 So.2d 508 (Fla. 1979), cert. denied, 445 U.S. 972 (1980). Polk County. Affirmed.

(Alvin) Ford v. State, 374 So.2d 496 (Fla. 1979). Broward County. Affirmed.

(George Thomas) Vasil v. State, 374 So.2d 465 (Fla. 1979), cert. denied, 446 U.S. 967 (1980). St. Lucie County. Conviction affirmed, death sentence vacated and life imposed.

(Jon Steven) Miller v. State, 373 So.2d 882 (Fla. 1979). Lee County. Conviction affirmed, death sentence vacated on consideration of an invalid aggravator, a life sentence is ordered. Bill McLain for Miller. The jury recommended death but no vote is given.

(John A.) Kampff v. State, 371 So.2d 1007 (Fla. 1979). St. Lucie County. Conviction affirmed, death sentence reduced to life on proportionality.

(Charles Kenneth) Foster v. State, 369 So.2d 928 (Fla.), cert. denied, 444 U.S. 885 (1979). Bay County. Affirmed. 12-0 jury vote recommending death.

(Antonio) Menendez v. State, 368 So.2d 1278 (Fla. 1979). Dade County. Conviction affirmed, death sentence vacated and remanded for reweighing by the trial court. Menendez robs a jewelry store and kills the owner, 69-year-old Arturo Gargaro. The jury recommended death but their vote is not set out. Opinion by Art England.

1978

(Mark) Mikenas v. State, 367 So.2d 606 (Fla. 1978). Hillsborough County. Conviction affirmed, remanded for resentencing. This was a guilty plea with a jury for punishment phase only. The jury recommended death but no vote is given.

(Ronald) Jackson v. State, 366 So.2d 752 (Fla. 1978). Dade County. Affirmed. Carolyn Snurkowski for the Attorney General. The jury apparently recommended death but there is no mention of that in the opinion.

(Michael) Salvatore v. State, 366 So.2d 745 (Fla. 1978), cert. denied, 444 U.S. 885 (1979). Dade County. Affirmed. George Georgieff for the Attorney General. The jury recommended death by a "majority" but the vote is not reported.

(William Horace Jr.) Shue v. State, 366 So.2d 387 (Fla. 1978). Marion County. Conviction affirmed but death sentence vacated for life on Tedder. A child rape case. Ted Mack for Shue.

(Wardell) Riley v. State, 366 So.2d 19 (Fla. 1978). Dade County. Conviction affirmed, death sentence vacated with a remand for further proceedings. George Georgieff for the State.

(Lenson) Hargrave v. State, 366 So.2d 1 (Fla. 1978), cert. denied, 444 U.S. 919 (1979). Dade County. Affirmed. A "majority" of the jury recommended death but the actual vote is not given.

(Carl Ray) Songer v. State, 365 So.2d 696 (Fla. 1978), cert. denied, 441 U.S. 956 (1979). Citrus County. Affirmed.

(Dennis Wayne) Smith v. State, 365 So.2d 704 (Fla. 1978), cert. denied, 444 U.S. 885 (1979). Polk County. Affirmed.

(Arthur F. III) Goode v. State, 365 So.2d 381 (Fla. 1978), cert. denied, 441 U.S. 967 (1979). Lee County. Affirmed. Electrocuted on April 5, 1984.

(John Wallace) Leduc v. State, 365 So.2d 149 (Fla. 1978), cert. denied, 444 U.S. 885 (1979). Okaloosa County. Affirmed. 12-0 jury vote recommending death.

(Leslie) Jones v. State, 362 So.2d 1334 (Fla. 1978). Escambia County. Reversed.

(David Leroy) Washington v. State, 362 So.2d 658 (Fla. 1978), cert denied, 441 U.S. 937 (1979). Dade County. Affirmed.

(Chester) Coxwell v. State, 361 So.2d 148 (Fla. 1978). Leon County. Reversed.

(Glen Lawrence) Martin v. State, 360 So.2d 396 (Fla. 1978). Volusia County. Reversed on a warrantless search which resulted in the seizure of heroin from Martin. On August 2, 1974, Terry C. Minton died after injecting heroin shortly after spending the night drinking in a bar. The heroin was apparently purchased from Martin. There is no mention of the jury vote.

(James David) Raulerson v. State, 358 So.2d 826 (Fla.), cert. denied, 439 U.S. 959 (1978). Duval County. Affirmed. See later opinions at 420 So.2d 567 (Fla. 1982). Electrocuted on January 30, 1985.

(Anthony) Antone, 355 So.2d 777 (Fla. 1978). Hillsborough County. Affirmed. Electrocuted on January 26, 1984.

1977

(Franz Peter) Beckrem v. State, 355 So.2d 111 (Fla. 1977). Sarasota County. Conviction affirmed, death sentence reduced to life under Tedder.

(Darrell Edwin) Hoy v. State, 353 So.2d 826 (Fla. 1977), cert. denied, 439 U.S. 920 (1978). Pinellas County. Affirmed.

(Richard Henry) Gibson v. State, 351 So.2d 948 (Fla. 1977), cert. denied, 435 U.S. 1004 (1978). Duval County. Affirmed.

(Levis Leon) Aldridge v. State, 351 So.2d 942 (Fla. 1977). St. Lucie County. Affirmed.

(Rocco J.) Surace v. State, 351 So.2d 702 (Fla. 1977). Dade County. Guilty plea and death sentence, reversed. Results in second degree murder after retrial. 378 So.2d 895 (Fla. 3d DCA 1980).

(William) Thompson v. State, 351 So.2d 701 (Fla. 1977). Dade County. A guilty plea and death sentence reversed.

(David Ross) Delap v. State, 350 So.2d 462 (Fla. 1977). Okeechobee County. Reversed.

(William Duane) Elledge v. State, 346 So.2d 998 (Fla. 1977). Broward County. Conviction affirmed, death sentence set aside and remanded for a new punishment phase. See later opinions at: 408 So.2d 1021 (Fla. 1981); Elledge v. Graham, 432 So.2d 35 (Fla. 1983); Elledge v. Dugger, 823 F.2d 1439 (11th Cir.), reh’g granted in part, 833 F.2d 250 (11th Cir. 1987); 613 So.2d 434 (Fla. 1993); and 706 So.2d 1340 (Fla. 1997).

(James Jr.) McCaskill v. State, 344 So.2d 1276 (Fla. 1977). Orange County. Conviction affirmed, death sentenced reduced to life under Tedder. Ray Marky for the Attorney General.

(Wayne Edward) Wheeler v. State, 344 So.2d 244 (Fla. 1977). Alachua County. Reversed on an insanity defense jury instruction issue.

(Elwood Clark) Barclay and (Jacob John) Dougan v. State, 343 So.2d 1266 (Fla. 1977), cert. denied, 439 U.S. 892 (1978). Duval County. Affirmed. The jury recommended life for Barclay and death for Dougan. Both were sentenced to death and here affirmed.

(Elwood Clark) Barclay v. State, 343 So.2d 1266 (Fla. 1977), cert. denied, 439 U.S. 892 (1978). Duval County. Affirmed.

(Jackson B.) Burch v. State, 343 So.2d 831 (Fla. 1977). Palm Beach County. Conviction affirmed, death sentence reduced to life under Tedder.

(Benjamin F.) Huckaby v. State, 343 So.2d 29 (Fla.), cert. denied, 434 U.S. 920 (1977). Volusia County. Conviction affirmed, death sentence vacated for imposition of life on proportionality.

(Clarence Robert) Purdy v. State, 343 So.2d 4 (Fla.), cert. denied, 434 U.S. 847 (1977). Lake County. Conviction affirmed, death sentence vacated and remanded for imposition a life sentence under what sounds like proportionality. 10-2 for death. This conviction was for the sexual battery of a child.

(Johnny Paul) Witt v. State, 342 So.2d 497 (Fla. 1977), cert. denied, 434 U.S. 935 (1977). Volusia County. Affirmed. Electrocuted on March 6, 1985.

1976

(James) Adams v. State, 341 So.2d 765 (Fla. 1976), cert. denied, 434 U.S. 878 (1977). St. Lucie County. Affirmed. George Georgieff for the Attorney General. Electrocuted on May 10, 1984.

(David) Funchess v. State, 341 So.2d 762 (Fla. 1976), cert. denied, 434 U.S. 878 (1977). Duval County. Affirmed. Electrocuted on April 22, 1986.

(Glen Stark) Chambers v. State, 339 So.2d 204 (Fla. 1976). Sarasota County. Conviction affirmed, death sentence reduced to life on Tedder.

(Douglas Ray) Meeks v. State, 339 So.2d 186 (Fla. 1976). Taylor County. Affirmed.

(Thomas) Knight v. State, 338 So.2d 201 (Fla. 1976). Dade County. Affirmed. Ray Marky for the State.

(Delbert Lee) Tibbs v. State, 337 So.2d 788 (Fla. 1976). Lee County. Reversed on an "in the interests of justice" theory, but retrial allowed. See 397 So.2d 1120 (Fla. 1981).

(Michael Edward) Provence v. State, 337 So.2d 783 (Fla. 1976), cert. denied, 431 U.S. 969 (1977). Manatee County. Conviction affirmed, death sentence reduced to life.

(Douglas Ray) Meeks v. State, 336 So.2d 1142 (Fla. 1976). Taylor County. Affirmed.

(Vernon Ray) Cooper v. State, 336 So.2d 1133 (Fla. 1976). Escambia County. Affirmed.

(Robert F.) Carr v. State, 336 So.2d 358 (Fla. 1976). Dade County. Interlocutory appeal, holds that you can waive a sentencing jury.

(Jimmy Lee) Jones v. State, 332 So.2d 615 (Fla. 1976). Pasco County. Conviction affirmed the mercy override is reversed and a life sentence is ordered.

(Jon S.) Miller v. State, 332 So.2d 65 (Fla. 1976). Lee County. Conviction affirmed but death sentence vacated and remanded for a new punishment phase. Carolyn Snurkowski for the Attorney General.

(Charles Dwight Jr.) Messer v. State, 330 So.2d 137 (Fla. 1976), cert. denied, 456 U.S. 984 (1982). Santa Rosa County. Conviction affirmed, death sentence vacated and remanded for a new punishment phase.

(Willie Jasper) Darden v. State, 329 So.2d 287 (Fla. 1976). Citrus County. Affirmed. Electrocuted on March 15, 1988.

(Ernest John Jr.) Dobbert v. State, 328 So.2d 433 (Fla. 1976), aff'd, 432 U.S. 282 (1977), aff'd after Gardner order, 375 So.2d 1069 (1979). Duval County. Affirmed. This is a mercy override. Electrocuted on September 7, 1984.

(James Dupree) Henry v. State, 328 So.2d 430 (Fla. 1976), cert. denied, 429 U.S. 951 (1976). Orange County. Affirmed. Executed on September 20, 1984.

(Howard Virgil) Douglas v. State, 328 So.2d 18 (Fla.), cert. denied, 429 U.S. 871 (1976). Affirmed, but death sentence later reversed in post conviction.

(Larry) Thompson v. State, 328 So.2d 1 (Fla. 1976). Orange County. Conviction affirmed, death sentence reduced to life on proportionality. 12-0 jury vote recommending death.

 

1975

(Thomas A.) Halliwell v. State, 323 So.2d 557 (Fla. 1975). Hillsborough County. Conviction affirmed, death reduced to life on proportionality.

(Mark Reed) Tedder v. State, 322 So.2d 908 (Fla. 1975). Hernando County. Conviction affirmed, death sentence vacated and life sentence ordered. This was a mercy override.

(Gary Eldon) Alvord v. State, 322 So.2d 533 (Fla. 1975), cert. denied, 428 U.S. 923 (1976). Hillsborough County. Affirmed. The jury recommended death but the vote is not set out in the opinion. See later opinions at: 396 So.2d 184 (Fla. 1981); Alvord v. Wainwright, 564 F.Supp. 459 (M.D.Fla. 1983); Alvord v. Wainwright, 725 F.2d 1282 (11th Cir.), cert. denied, 469 U.S. 956 (1984); 459 So.2d 316 (Fla. 1984); Alvord v. Dugger, 541 So.2d 598 (Fla. 1989), cert. denied, 494 U.S. 1090 (1990); 694 So.2d 704 (Fla. 1997).

(Lloyd) Swan v. State, 322 So.2d 485 (Fla. 1975). Dade County. Conviction affirmed, death sentence reduced to life on proportionality.

(Carl Ray) Songer v. State, 322 So.2d 481 (Fla. 1975), remanded, 430 U.S. 952 (1977). Osceola County. Affirmed.

(Darius) Slater v. State, 316 So.2d 539 (Fla. 1975). Orange County. Conviction affirmed, death sentence reduced to life on mercy override.

(Charles William) Proffitt v. State, 315 So.2d 461 (Fla. 1975), aff'd, 428 U.S. 242 (1976). Hillsborough County. Affirmed. But see 510 So.2d 896 (Fla. 1987), reducing his sentence to life on proportionality grounds.

(Anthony Eugene) Sawyer v. State, 313 So.2d 680 (Fla. 1975). Dade County. Affirmed.

(Daniel Webster) Gardner v. State, 313 So.2d 675 (Fla. 1975). Citrus County. Affirmed, but then reversed at Gardner v. Florida, 430 U.S. 349 (1977)(where they identify him as Daniel Wilbur Gardner).

(John) Spinkellink v. State, 313 So.2d 666 (Fla. 1975), cert. denied, 428 U.S. 911 (1976). Leon County. Affirmed. The jury recommended death but no vote is set out in the opinion. Executed on May 25, 1979.

(Learie Leo) Alford v. State, 307 So.2d 433 (Fla. 1975), cert. denied, 428 U.S. 912 (1976). Palm Beach County. Affirmed. Alford, then 27 and with no prior criminal history, was convicted of the Sunday, January 7, 1973, rape and shooting murder of a 13-year-old girl. The jury recommended death but no vote is set out in the opinion. Two statutory aggravators were found: HAC and murder in the commission of a life felony, here the rape. Ray Marky for the Attorney General.

1974

(Clifford) Hallman v. State, 305 So.2d 180 (Fla. 1974). Hillsborough County. Affirmed. Eleanor Groves was fatally slashed by Hallman with a broken glass during an April 10, 1973 robbery of the North Town Tavern where she worked as a barmaid. The jury recommended death but no vote is set out in the opinion. George Georgieff for the Attorney General.

(Robert Austin) Sullivan v. State, 303 So.2d 632 (Fla. 1974), cert. denied, 428 U.S. 911 (1976). Dade County. Affirmed. Executed on November 30, 1983.

(Michael Paul) Lamadline v. State, 303 So.2d 17 (Fla. 1974). Okaloosa County. Conviction affirmed, death sentence vacated and remanded for a new punishment phase. Mike Minerva for Lamadline.

(Joseph) Taylor v. State, 294 So.2d 648 (Fla. 1974). Broward County. Conviction affirmed, death reduced to life on what reads like a proportionality theory. The jury had recommended life. Taylor and two others rob a liquor store and a shootout begins. Taylor is shot five times and the victim shot three times. There was no evidence as to who fired the shots which killed the 72-year-old victim, Max Phillips. Ray Marky for the Attorney General.

1973

State v. (Carl) Dixon, 283 So.2d 1 (Fla. 1973), cert. denied sub mon. Hunter v. Florida, 416 U.S. 943 (1974). A consolidated appeal with Carl Dixon (Dade County), Samuel D. Setser (Orange County), Fred Elson Hunter (Duval County), and Richard L. Sheppard (Dade County). Affirms the new death penalty statute.

 

Other Florida Murder Cases of Interest

(Ronnie S.) Law v. State, 559 So.2d 187 (Fla. 1989). Escambia County. Concerns the standard of proof for circumstantial evidence in a second degree murder conviction.