Motions, Manuals,
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(a/k/a "It's three in the morning
how am I going to file in time" aides)
Motions
Louisiana
motions bank
Manuals
Louisiana
capital trial "how to manual"
Conducting
the Penalty Phase of a Capital Trial (Florida)
Pro-se handbook
(federal court)
International
law guide
US
Attorney's Manual (zipped)
Sample Briefs from
Around the Country
(More briefs to be added as time
permits, Florida caseswill be added first as appeals to that state's supreme
court are readily available online. Note that some links are tempermental
and/or down.)
Capital Cases
Jones v. Florida (Opening
Brief) (Response
Brief)(Reply
Brief) (All
3 zipped)(opinion) (Florida Superme Court holds that delay not due
to condemns actions bars capital punishment in this case)
Domingues v. Nevada (cert
petition)(cert petition on juvenile executions and the International
Covenant on Civil and Political Rights)
Kyles v. Whitley (Opening
brief) (Reply
Brief)(opinion)
United States v. McVeigh
(Opening
Brief) (Response
Brief)(Decision)
(from CourtTV) (Other
OKC Documents from Court TV)
Aaron Patterson v. Illinois amicus
brief written by MacArthur Justice Center attorneys and filed with
Illinois Supreme Court on December 11, 1998, seeks a full hearing for Patterson
and others under death sentence in Illinois who credibly claim that their
convictions were the result in part of confessions that were extracted
by torture.
Ronald Kliner v. Illinois
amicus brief authored by MacArthur Justice Center attorneys
was filed with the Illinois Supreme Court seeking appointment of a Special
Commission to study mistakes in Illinois capital cases and effect a moratorium
on the death penalty while the issue is under study.
William Bracy v. Gramley amicus
brief authored by MacArthur Justice Center attorneysthat was filed
in the United States Supreme Court on behalf of a coalition of prominent
criminal lawyers, including former prosecutors, James Thompson, the former
Governor of Illinois, and other prominent lawyers, urging the United States
Supreme Court to require a hearing into Bracy's claims that his trial was
tainted by the corruption of former Cook County Circuit Judge Thomas J.
Maloney.
Florida Capital
Cases
(more details to be added as time permits)
Paul Anthony Brown v. State
of Florida No. 89,537 View briefs in PDF 1,
2,
3,
4
-- Download
in ZIP On Nov. 5, 1992, Brown and an accomplice -- Scott Jason McGuire
-- allegedly murdered Roger Hensley in his apartment in Ormond Beach. McGuire
pled guilty to second-degree murder and received a 40-year sentence in
exchange for his testimony against Brown in a trial held in October 1996.
Brown was convicted and sentenced to death. This is his direct appeal
State of Florida v. J.B. Parker
No. 89,469 View briefs in PDF 1,
2,
3,
4
-- Download
in ZIP Parker and three others -- Alphonso Cave, John Earl Bush, and
Terry Wayne Johnson -- were charged with robbery, kidnapping, and murder
in the death of Frances Julia Slater in Martin County in April 1982. Each
was tried separately. Parker, Cave, and Bush were sentenced to death, and
Johnson to life in prison. In the trials of Parker, Cave, and Bush the
state argued inconsistent positions that each of these men was the one
who actually shot Slater. Parker later discovered undisclosed information
about an incident involving Cave battering his prison cellmate. The cellmate
told authorities that Cave confessed that he (Cave) was the one who actually
shot Slater, and that Bush was the one who stabbed her. Parker filed a
collateral attack on his death penalty, arguing that the state was required
-- but failed -- to disclose this information to him. The trial court agreed
and ordered a new sentencing proceeding. The State appeals.
Paul Anthony Brown v. State of
Florida No. 89,537 View briefs in PDF 1,
2,
3,
4
-- Download
in ZIP On Nov. 5, 1992, Brown and an accomplice -- Scott Jason McGuire
-- allegedly murdered Roger Hensley in his apartment in Ormond Beach. McGuire
pled guilty to second-degree murder and received a 40-year sentence in
exchange for his testimony against Brown in a trial held in October 1996.
Brown was convicted and sentenced to death. This is his direct appeal
State of Florida v. J.B. Parker
No. 89,469 View briefs in PDF 1,
2,
3,
4
-- Download
in ZIP Parker and three others -- Alphonso Cave, John Earl Bush, and
Terry Wayne Johnson -- were charged with robbery, kidnapping, and murder
in the death of Frances Julia Slater in Martin County in April 1982. Each
was tried separately. Parker, Cave, and Bush were sentenced to death, and
Johnson to life in prison. In the trials of Parker, Cave, and Bush the
state argued inconsistent positions that each of these men was the one
who actually shot Slater. Parker later discovered undisclosed information
about an incident involving Cave battering his prison cellmate. The cellmate
told authorities that Cave confessed that he (Cave) was the one who actually
shot Slater, and that Bush was the one who stabbed her. Parker filed a
collateral attack on his death penalty, arguing that the state was required
-- but failed -- to disclose this information to him. The trial court agreed
and ordered a new sentencing proceeding. The State appeals.
State of Florida v. Mompoint Voltaire
No. 92,352 View briefs in PDF 1,
2
-- Download
in ZIP Voltaire, a Creole speaker, was arrested on cocaine charges.
When questioned by police, Voltaire refused to speak to them in English,
using Creole instead. Officers put Voltaire into a holding cell and summoned
a police officer who spoke Creole. This officer (dressed in a tee-shirt,
shorts, and sneakers) was placed in the cell with Voltaire. The officer
did not disclose he worked for police and proceeded to ask Voltaire why
he was in jail. Voltaire confessed to the crime, but later asked the trial
court to suppress the confession because of police trickery. The trial
court allowed the confession. The Fourth District reversed.
Norman Parker, Jr. v. State of
Florida No. 89,936 View briefs in PDF 1,
2,
3, 4
--
Download
in ZIP Parker was convicted and sentenced to death for the July 18,
1978, murder of Julio Chavez and the rape of Chavez's girlfriend in a Dade
County drug deal. His penalty was affirmed on appeal. Parker now alleges
that his death penalty must be reconsidered.
Guillermo Arbelaez v. Robert Butterworth,
etc. Nos. 92,288 & 92,595 View briefs in Acrobat
format: A
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available briefs in one ZIP file
In early April 1998 private attorneys representing the three Capital Collateral
regional offices filed suit under the Court's "All Writs" jurisdiction
asking the Supreme Court to declare a moratorium on executions due to alleged
underfunding and understaffing of the offices. They also ask the Court
to declare that death row inmates have a constitutional right to representation.
Gerardo Plaza v. State of Florida
No. 91,622 View briefs in Acrobat
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available briefs in one ZIP file
Plaza was convicted of first degree murder and sentenced to life in prison.
During pretrial, the state used its peremptory challenges to excuse a number
of women over Plaza's objection. On appeal he argued that the excusals
were motivated by unlawful gender discrimination. The Third District disagreed,
and Plaza appealed.
Walter Ruiz v. State of Florida
No. 89,201 View briefs in Acrobat
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all
available briefs in one ZIP file
Ruiz and an accomplice were charged in the April 1995 murder of Rolando
Landrian, and related crimes. Ruiz was convicted and sentenced to death.
This is his direct appeal.
Ted Herring v. State of Florida
No. 89,937 View briefs in Acrobat
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all
available briefs in one ZIP file
Herring was convicted of murdering a 7-Eleven store clerk in Daytona Beach
in May 1981, and sentenced to death. His sentence was upheld on appeal.
Later, Herring and other death row inmates alleged that their public defender,
Howard Pearl, had a serious conflict of interest in that he was a special
sheriff's deputy in Marion County. The state argued that the position was
purely honorary. The trial court refused to set aside the death penalty,
and Herring appeals.
Marshall Lee Gore v. State of
Florida No. 86,249 View briefs in Acrobat
format: A
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On March 16, 1988, the body of Robyn Novick was discovered under a blue
tarp near S.W. 244th Street and S.W. 214th Place. She had been strangled
and stabbed. Witnesses later testified that Gore had been seen with the
victim's car and other possessions. He was found guilty and sentenced to
death. This is his direct appeal
Fernando Fernandez v. State of
Florida No. 84,700 View briefs in Acrobat
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On Jan. 3, 1992, police officer Steven Bauer was shot and killed during
a robbery at the Kislak National Bank in North Miami. The day after the
murder, Fernandez told a friend he had been involved in the murder and
needed to see a Santeria priest (a babalao). The friend took him
to a babalao, who performed a ritual to prevent Fernandez from being
caught. The babalao and the friend later turned Fernandez in to
police and shared a $100,000 reward. Fernandez was convicted and sentenced
to death. This is his direct appeal.
Thomas Knight v. State of Florida
No. 87,783 View briefs in Acrobat
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On July 17, 1974, an armed gunman stopped Sydney Gans as he exited his
car at the Sydney Bag & Paper Co. The gunman made him get back in the
car and drive home to fetch Mrs. Gans, whom he also ordered into the car.
The gunman demanded $50,000, and Gans said he could get it at the City
National Bank in downtown Miami. Inside, Mr. Gans told bank officials what
was happening, and they summoned police. Officers trailed the car after
it left the bank, but lost sight of it in a construction site near S.W.
131st St. A surveillance helicopter soon reported shots fired and a man
running into the woods from the car. Arriving, officers soon found Thomas
Knight with the money and the murder weapon--a gun with the words "trouble"
etched on each side. Thomas was tried and sentenced to death in 1975. A
federal court later ordered a resentencing. He was again sentenced to death
in 1996 and appealed.
Kayle Barrington Bates v. State
of Florida No. 86,180 Briefs were not filed in electronic format
At about 1:05 p.m. on June 14, 1982, a friend placed a call to Janet Renee
White at a State Farm Insurance office in Lynn Haven. Shortly after answering
the phone, Ms. White began screaming, but someone hung up the phone. The
friend called police, who found White's body nearby, stabbed to death.
Bates soon emerged from the woods and asked to go to his delivery truck,
parked nearby. Police arrested him and found White's wedding ring in his
possession. He was tried and sentenced to death in 1983, but new sentencing
proceedings were ordered twice. He now appeals from the last of these.
Kenneth Darcell Quince v. State
of Florida No. 89,960 View briefs in Acrobat
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Quince was sentenced to death for the Jan. 3, 1980, murder of Frances Bowdoin.
He later learned that his public defender, Howard Pearl, was a special
deputy sheriff in Marion County at the time of trial. (See the Herring
case, above.) At a hearing on this issue, Quince tried to disqualify the
judge, who allegedly had worked with Pearl on Quince's case. The trial
court denied the motion and denied all relief. Quince appeals.
Alphonso Cave v. State of Florida
No. 90,165 View briefs in Acrobat
format: A,
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briefs in one ZIP file Cave
was convicted for participating in the April 1982 murder of convenience-store
clerk Frances Julia Slater in Stuart and sentenced to death. In the early
1990s a federal court vacated the death penalty and ordered a new penalty
phase, which was held in 1993. On direct appeal, a new penalty phase again
was ordered. He was against sentenced to death, and appeals to the Supreme
Court.
Arthur Dennis Rutherford v. State
of Florida No. 89,142 View briefs in Acrobat
format: A,
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briefs in one ZIP file Rutherford
was tried, convicted, and sentenced to death in the 1985 murder and armed
robbery of 63-year-old Stella Salamon, whose body was found in the bathtub
of her Milton home. He now challenges the validity of his death sentence.
Keith Brennan v. State of Florida
No. 90,279 View briefs in Acrobat
format: A,
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briefs in one ZIP file Brennan,
who was 16 at the time the crime was committed, was charged with the March
10, 1995, murder of Tommy Owens, whose body had been found in an open field
by Cape Coral maintenance workers. At trial, the defense introduced evidence
of Brennan's troubled childhood, the suicide of his mother, his rape by
a relative, and emotional problems. The defense also argued it would be
unconstitutional to execute one who was only 16 when he committed murder--the
first person facing execution so young in more than 25 years. Nevertheless,
the jury convicted Brennan and recommended his execution by a vote of 8-to-4.
The trial court sentenced him to death, and he appeals.
Louis B. Gaskin v. State of Florida
No. 90,119 View briefs in Acrobat
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briefs in one ZIP file Gaskins
was tried and sentenced to death for the December 20, 1989, murders of
Robert & Georgette Sturmfels in Palm Coast. His sentence was affirmed
on appeal. He later challenged the validity of his sentence in a case heard
by Judge James Foxman in Volusia County. Judge Foxman denied the requested
relief, and Gaskins appeals
Raleigh Porter v. State of Florida
No. 90,101 View briefs in Acrobat
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briefs in one ZIP file Porter
was sentenced to death for the August 21, 1978, murders of a retired couple,
Harry G. and Margaret Ann Walrath, in Charlotte County. He now challenges
the validity of his sentence.
Dwight Harrison v. State of Florida
No. 87,307 View briefs in Acrobat
format: A
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briefs in one ZIP file Harrison
was charged with the July 1992 murders of his grandmother, Lillie Mae Harrison,
and her tenant Rosa Sloan. At trial he argued that his addiction to cocaine
contributed to his actions. The jury convicted him of murder but recommended
life imprisonment. Overriding the jury, the judge sentenced Harrison to
death. He appeals.
John Loveman Reese v. State of
Florida No. 91,411 View briefs in Acrobat
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briefs in one ZIP file In
January 1992 Sharlene Austin's body was found in her home, strangled with
an electrical cord. When Reese's palm print was found near Austin's bed,
police questioned him and obtained his confession.. At trial, the jury
convicted Reese and recommended the death penalty 8-to-4, which the judge
imposed. In 1997 the Supreme Court ordered a new sentencing proceeding
and the trial court again imposed death.
Osvaldo Almeida v. State of Florida
No. 89,432 View briefs in Acrobat
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Almeida, then age 20, went with a friend to Higgy's bar and restaurant
and ordered a pitcher of beer. The manager Frank Ingargiola, knocked a
glass of beer out of Almeida's hand and demanded to see identification.
The friend persuaded Almeida to leave but spent an hour and a half trying
to dissuade him from taking revenge. Almeida told another friend he intended
to shoot Ingargiola. Early the next morning, Ingargiola's body was found
near Higgy's, dead of a gunshot wound. Almeida was tried and found guilty,
and the jury recommended the death penalty 7-to-5. This is his direct appeal.
Ernest Charles Downs v. State
of Florida No. 90,510 View briefs in Acrobat
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In 1977 a man approached Downs and asked him to accept a contract to murder
John Barfield. Downs accepted and, with the aid of Larry Johnson, lured
Barfield to a remote location and killed him. In December 1977 he was found
guilty and sentenced to death. His sentence was overturned because of a
U.S. Supreme Court ruling in 1987. At a new sentencing hearing in 1989,
the jury recommended the death penalty 8-to-4 and the judge agreed. This
sentence was upheld by the Florida Supreme Court in 1990, and the U.S.
Supreme Court denied relief in 1991. Downs now challenges the validity
of his sentence.
Jesus Delgado v. State of Florida
No. 88,638 View briefs in Acrobat
format A,
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briefs in one ZIP file Delgado,
a native of Cuba born in 1965, was arrested for the August 1990 murders
of Tomas and Violetta Rodriguez, who had sold their dry cleaning business
to Delgado's girl friend's father. The business did not do well, and witnesses
said Delgado blamed the couple. The prosecution argued Delgado's motive
was revenge, but the defense contended that Delgado had confronted the
couple about the business, and a fight ensued requiring Delgado to defend
himself. After his trial and conviction, the jury recommended and the judge
imposed the death penalty. This is his direct appeal.
Terry Lee Woods v. State of Florida
No. 90,833 View briefs in Acrobat
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briefs in one ZIP file On
June 12, 1996, someone shot and killed Clarence Langford and wounded his
wife Pamela. She later identified the shooter as Woods, who allegedly attacked
them over a dispute involving the sale of a car. At trial, Woods was convicted
and the jury recommended the death penalty 8-to-4. The trial judge agreed.
This is Woods' direct appeal.
Nathan Joe Ramirez v. State of
Florida No. 89,377 View briefs in Acrobat
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briefs in one ZIP file Ramirez,
then 17 years old, and Johnathan P. Grimshaw allegedly killed Mildred Boroski
in a field near her home in Veteran's Village. Her body was found nearby
a few days later, dead of bullets to the head. After Ramirez was tried
and convicted, the jury recommended the death penalty by 11-to-1. The judge
agreed. This is Ramirez' direct appeal.
David Young v. State of Florida
No. 90,207 View briefs in Acrobat
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Young was sentenced to death for the August 31, 1986, shotgun murder of
Clarence John Bell at the Jupiter Plantations Condominium during a failed
auto theft. Bell, the car's owner, apparently confronted Young and his
accomplices with a gun at some point, leading to an exchange of fire. Young
argued self defense, though the jury rejected this claim, convicted him,
and recommended the death penalty. The trial judge agreed. The Florida
Supreme Court affirmed the conviction in 1991, and the U.S. Supreme Court
denied relief in 1992. He now challenges the validity of his sentence.
Joseph R. Spaziano v. Seminole
County Nos. 92,801, 92,846, 93,447 View briefs in Acrobat
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Spaziano is being retried
for the 1973 murder of Laura Harberts after the main witness in his 1976
trial, Anthony Dilisio, recanted his testimony. Spaziano's volunteer counsel,
James Russ, attempted to find volunteer co-counsel to assist him, but could
not. He filed a motion for appointment of co-counsel at public expense,
basing his request in part on national standards suggesting two attorneys
work on death cases. The trial judge appointed Donald R. West to assist.
It also ordered public payment of a public opinion survey done in preparation
for trial. Seminole County, which must pay the costs, objected on grounds
that these benefits were neither required nor necessary to meet constitutional
standards. The Fifth District Court reversed, and Spaziano appeals.
Manuel Antonio Rodriguez v. State
of Florida No. 90,153 View briefs in Acrobat
format A,
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briefs in one ZIP file In
December 1984 the bodies of Sam and Bea Joseph and Genevieve Abraham were
found in the Josephs' apartment. The murders remained unsolved until 1993
when investigators received information linking Rodriguez and another man
to the triple murder. Detectives contacted the other man, and he implicated
himself and Rodriguez in the murders. Rodriguez gave conflicting accounts,
but maintained he only stood lookout while others committed the murder.
At trial, Rodriguez was found guilty and the jury recommended the death
penalty 12-to-0. This is his direct appeal.
Ian Deco Lightbourne v. State
of Florida No. 89,526 View briefs in Acrobat
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briefs in one ZIP file Lightbourne
was convicted and sentenced to death for the murder of Nancy A. O'Farrell
in January 1981. He challenged the validity of his death sentence in 1985
and again in 1994, being denied relief both times. He now challenges his
sentence again.
Victor Marcus Farr v. State of
Florida No. 91,682 View briefs in Acrobat
format A,
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briefs in one ZIP file Farr
was arrested for the December 1990 murder of Shirley Bryant. At trial he
said he wanted to be executed, pled guilty, and waived his right to a penalty
phase before a jury. The judge imposed the death penalty but, on appeal,
the Florida Supreme Court ordered a new sentencing so the trial court could
properly weigh mitigating evidence. At this new proceeding, Farr himself
took the stand and refuted his own case, again asking to be executed. He
since has attempted to waive all postconviction rights, though occasionally
indicating he needed more time to think about his case. After a hearing,
the trial court deemed the waiver valid. The Capital Collateral Representative
now argues that Farr was incompetent to waive his rights.
Meryl McDonald v. State of Florida
No. 87,059
View briefs in Acrobat
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file Dr. Louis Davidson was killed at Thunder Bay Apartments in January
1994. Five people were charged, including the victim's estranged wife Denise
Davidson and Meryl McDonald. McDonald was found guilty and the jury recommended
the death penalty 9-to-3, which the judge imposed. Denise Davidson, meanwhile,
was found guilty and sentenced to life imprisonment. McDonald appeals.
Robert Ira Peede v. State of Florida
No. 90,002
View briefs in Acrobat
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file In March 1983, Peede traveled from North Carolina to Miami to
see his estranged wife Darla Peede. Fearful of Peede, Darla gave her daughter
detailed information to give police if she turned up missing. The daughter
did so, and police arrested Peede in North Carolina. Darla's body was found
near Camden, Georgia, and Peede confessed to stabbing her to death near
Orlando. He was tried, convicted, and sentenced to death. On appeal, his
sentence was affirmed. He challenges the validity of the sentence.
Clarence Jones v. State of Florida
No. 90,976
View briefs in Acrobat
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file On July 7, 1988, Tallahassee Police Officer Ernest Ponce de
Leon was shot and killed while trying to apprehend escapees from a Maryland
prison, including Jones. At trial, Jones was tried and convicted. The jury
recommended the death penalty 11-to-1, which the judge imposed. His sentence
was affirmed on appeal. He now challenges the validity of his sentence.
Oscar Ray Bolin, Jr. v. State
of Florida No. 89,385
View briefs in Acrobat
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file The body of Teri Lynn Matthews was found in the Kent Groves
area by a passerby. The investigation turned up little until July 1990,
when Bolin's ex-wife gave police information linking her former husband
to the crime. He was tried, convicted, and sentenced to death based partly
on testimony of the ex-wife. The Supreme Court in 1995 found that this
violated the privilege afforded communications by spouses and ordered a
new trial. Bolin again was convicted and sentenced to death. He appeals.
John Wesley Henderson v. State
of Florida No. 92,885
View briefs in Acrobat
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file Henderson is facing trial and the death penalty in the murder
of Lawrence Pinkard in April 1996. His attorney avoided engaging in "discovery"
(asking for information in the State's possession). Doing so would obligate
him to give the State an equal chance to obtain information from the defense.
The attorney later filed a public records request for sheriff's files on
the murder case. The trial court held that public records laws cannot be
used to circumvent discovery obligations, and the First District Court
agreed and certified the case to the Supreme Court.
William M. White v. State of Florida
No. 88,686
View briefs in Acrobat
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file White, a member of the motorcycle gang the Outlaws, was tried
and convicted in 1978 for the murder of Gracie Mae Crawford. The trial
court sentenced him to death, and the sentence was affirmed on appeal.
White now challenges the validity of his sentence.
David Paul Snipes v. State of
Florida No. 90,413
View briefs in Acrobat
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file by clicking the case number(s) here John Saladino offered David Snipes,
then 17 years old, $1,000.00 to kill the victim Markus Mueller, who was
found dead in February 1995 in his Bonita Springs home. Saladino later
pled guilty to second-degree murder, and Snipes was tried and convicted
of first-degree murder. The jury recommended the death penalty 11-to-1
and the judge agreed. This is Snipes' direct appeal.
Roger Lee Cherry v. State of Florida
No. 90,511
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file by clicking the case number(s) here Cherry was tried, convicted, and
sentenced to death for the June 1986 murders of Leonard and Esther Wayne
in their small two-bedroom house in DeLand. He also was convicted of charges
arising from burglary of their house. His death sentence for the murder
was Mrs. Wayne was upheld on appeal, and he now challenges its validity.
Billy Leon Kearse v. State of
Florida No. 90,310
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file by clicking the case number(s) here Kearse was tried, convicted, and
sentenced to death in the slaying and robbery of Fort Pierce Police Officer
Danny Parrish on Jan. 18, 1991, after being stopped for a traffic violation.
In 1995 the Supreme Court returned the case to the trial court to correct
errors in the sentencing proceedings. The sentencing phase jury recommended
the death penalty 12-to-0 and the judge agreed. This is Kearse's direct
appeal.
Paul Alfred Brown, Jr. v. State
of Florida No. 90,540
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file by clicking the case number(s) here Brown was tried, convicted,
and sentenced to death for the March 20, 1986, murder of Pauline Cowell
in the home of her sister and brother-in-law. The jury recommended the
death penalty 7-to-5 and the judge agreed. On appeal, his sentence was
affirmed. He now challenges the validity of his death sentence.
Joe Elton Nixon v. State of Florida
Nos. 92,006
& 93,192
View briefs in Acrobat
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file by clicking the case number(s) here Nixon was tried, convicted,
and sentenced to death for the murder of Jeanne Bickner, whose charred
body was found tied to a tree in a wooded area of Leon County on Aug. 13,
1984. His sentence was upheld on appeal. He now challenges the validity
of his sentence.
David Wyatt Jones v. State of
Florida No. 90,664
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file by clicking the case number(s) here Postal worker Lori McRae was reported
missing after she left her night-shift job early on the morning of Jan.
30, 1995. She had last been seen at a Walgreen's Drug Store in the Cedar
Hills shopping center. Jones later was stopped and arrested while driving
McRae's vehicle. He later confessed and told where he had left the body.
Tried and convicted, Jones received a death sentence after the jury recommended
it 9-to-3. This is his direct appeal.
Jerry Layne Rogers v. State of
Florida No. 91,044
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file by clicking the case number(s) here Rogers was tried, convicted,
and sentenced to death for the January 1982 murder of David Eugene Smith
during the robbery of an Orlando Winn-Dixie store. He had acted as his
own counsel. His sentence was affirmed on appeal. He now challenges the
validity of both his conviction and death sentence.
Michael Scott Keen v. State of
Florida No. 88,802
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file by clicking the case number(s) here Keen was tried, convicted,
and sentenced to death for the Nov. 15, 1981, murder of his pregnant wife
Anita Lopez Keen, who drowned at sea off the coast of Fort Lauderdale after
Keen pushed her in. He alleged married and killed her so he could collect
insurance money from her death. Keen, a native of Jacksonville who grew
up in Haines City in Polk County, was not apprehended for several years
and was found in Seminole County living under an assumed name. His first
murder conviction was reversed in 1987 because the prosecutor made improper
remarks to the jury. He was tried again, but this conviction was reversed
in 1994 because jurors in the jury room had read an inflammatory article
about underhanded tactics used by defense lawyers and because Keen was
wrongfully denied access to grand jury testimony. At his third trial, he
was convicted and the jury recommended a life sentence 7-to-5. The judge
overrode the recommendation and imposed the death penalty. This is Keen's
direct appeal.
Fred Lorenzo Brooks v. State of
Florida No. 92,011
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file by clicking the case number(s) here Brooks and his codefendant
Foster Brown were charged with the August 28, 1996, murder of Darryl Jenkins
in an alleged drug deal turned bad. At a joint trial, the jury convicted
both men but recommended a life sentence for Brown and recommended the
death penalty for Brooks by a vote of 7-to-5. The judge sentenced Brooks
to death and he appeals.
Freddie Lee Hall v. State of Florida
No. 92,008
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file by clicking the case number(s) here Hall was convicted and sentenced
to death for the February 1978 murders of Karol Hurst in Leesburg and of
Deputy Sheriff Lonnie Coburn in Hernando County. Hurst's body was found
in Sumter County. His sentence was upheld on appeal, but he now challenges
its validity in part on grounds he is mentally retarded.
Berry Kessler v. State of Florida
No. 90,035
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file by clicking the case number(s) here In February 1991 John Deroo
was found murdered at his Hudson business, Custom Craft Cabinetry. Kessler,
who was 69 when the murder occurred, was an investor in the business but
was not arrested for Deroo's murder until 1993. This happened after federal
informers taped Kessler allegedly conspiring to take out an insurance policy
on another business associate, who then would be murdered for the proceeds.
Investigators found that Kessler had taken out a policy on Deroo, though
unbeknownst to Kessler the policy had lapsed for nonpayment shortly before
Deroo died. Kessler was found guilty and the jury recommended death 9-to-3.
At age 75, Kessler was sentenced to death. He appeals.
Ronnie Lee Jones v. State of Florida
Nos. 91,014
& 93,300
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file by clicking the case number(s) here Jones was convicted and sentenced
to death for the July 1980 murders of John Uptgrow, Bernard Hill, and Byron
Hamilton. Jones insisted on representing himself at trial, became unruly,
and was shackled. He was found guilty and the jury recommended death 11-to-1.
His sentence was upheld on appeal, and the U.S. Supreme Court denied review.
Jones now challenges the validity of his sentence.
Michael Duane Zack III v. State
of Florida No. 92,089
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file by clicking the case number(s) here Zack was tried and convicted
for the June 5, 1996, murder of Ravonne Smith in Pensacola. This happened
following an alleged crime spree across the Florida Panhandle. Living in
Tallahassee, Zack borrowed the car of a bartender and never returned it.
He drove to Youngstown where he met a carpenter who eventually let Zack
stay at his house. Zack vanished after stealing two guns and some cash.
He drove to Niceville and pawned the guns. He went to a bar on Okaloosa
Island, where he met Laurie Russillo, whom he allegedly strangled to death.
From there he drove to Pensacola Beach and met the victim, Smith, at Dirty
Joe's Bar. He killed her at her home. Stealing some electronic items, he
returned to Panama City to pawn them. There, he broke into a house and
was arrested two days later. The jury recommended death 11-to-1, and the
judge agreed. Zack appeals.
John Hess v. State of Florida
No. 90,026
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file by clicking the case number(s) here On May 10, 1993, Hess, a
security guard, made comments to his boss about a murder of another security
guard that apparently had not yet occurred. His description was close to
the actual murder of security guard John Galloway who was killed at his
station in Lake Fairways on May 11-12, 1993. Hess's boss notified authorities,
who sent undercover agents to talk with Hess. He told them he had dreams
of the murder. The agents took him to the murder scene, where Hess began
reenacting his dreams as if he himself were the victim reliving his last
moments. He told how his ghost left his body and chased the murderer, who
was a man in uniform. Some of Hess's statements matched undisclosed facts
about the murder, but police had no other evidence connecting him to the
crime, and Hess's wife gave him an alibi. In March 1995 Hess was arrested
in Michigan for extradition to Florida on unrelated child abuse charges.
During questioning, Hess confessed to killing Galloway accidentally, and
said he needed psychiatric help. He gave conflicting versions of the shooting.
He was tried and convicted, and the jury recommended death 8-to-4. The
judge agreed, and Hess appeals.
Michael L. Robinson v. State of
Florida No. 91,317
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file by clicking the case number(s) here In June 1994 Jane Silvia,
Robinson's girlfriend was killed by hammer blows to the head. Robinson
later confessed to the murder. On trial, Robinson pled guilty, waived his
right to a penalty phase before a jury, and refused to permit evidence
on his own behalf. The judge sentenced him to death. On appeal, the Florida
Supreme Court reversed on grounds the judge should have considered Robinson's
history of psychiatric and health problems Robinson again was sentenced
to death, and he appeals.
Akeem Muhammad v. State of Florida
No. 90,030
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file by clicking the case number(s) here The victim, Jimmy Lee Swanson,
made money washing cars outside Ivory's store. In June 1995 he was approached
there and shot dead by a man later identified as Muhammad. The jury recommended
the death penalty 10-to-2, and the judged sentenced him to die. This is
his appeal.
Gary Lee Thorp v. State of Florida
No. 91,663
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file by clicking the case number(s) here Thorp was tried and convicted
for the June 1993 strangulation murder of Sharon Chase in Bean Park in
Melbourne. The jury recommended the death penalty 10-to-2, and the trial
court imposed it. Thorp appeals.
Guillermo Arbelaez v. State of
Florida No. 89,375
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file by clicking the case number(s) here Arbelaez was tried and sentenced
to death for the February 1988 murder of 5-year-old Julio Rivas, the son
of his former girlfriend. He allegedly was mad at the boy's mother for
breaking up with him, took the boy while she was not looking, and threw
him off the Rickenbacker Causeway bridge into water 70 feet deep. He now
challenges the validity of his sentence.
State of Florida v. Dieter Riechmann
Nos. 89,564
& 93,236
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file by clicking the case number(s) here Riechmann was tried and
sentenced to death for the October 1987 murder of his companion Kersten
Kischnick at Miami Beach. He allegedly lived off her earnings as a prostitute
and killed her for insurance money when she became ill. He later challenged
the validity of his sentence, and the trial court agreed that he must be
resentenced due to errors in the penalty phase of his trial. The State
appeals.
Allen Lee Davis v. State of Florida
No. 93,816
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file by clicking the case number(s) here Davis was convicted and
sentenced to death for the May 1982 murders of Nancy Weiler and her two
daughters at the Weiler home in Duval County. He now asks for a new hearing
in the trial court to investigate new evidence. He contends that key evidence
in the case against him came from FBI analyst Donald Havekost who since
has been linked to alleged contamination of evidence in the FBI laboratories.
John D. Freeman v. Harry K. Singletary
Nos. 79,651
& 89,199
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file by clicking the case number(s) here Freeman was convicted and sentenced
to death for the Nov. 11, 1986, murder of Leonard Collier after a jury
recommended he be put to death 9-to-3. He now challenges the validity of
his death sentence.
George Porter, Jr. v. State of
Florida No. 88,562
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file by clicking the case number(s) here Porter was convicted and
sentenced to death for the October 1986 murders of his former girlfriend
Evelyn Williams and her boyfriend Wallace Burrows. He now challenges the
validity of his sentence.
James Randall v. State of Florida
No. 90,977
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file by clicking the case number(s) here On Oct. 20, 1995, the body
of Wendy Evans was found in the North Fort Harrison area, dead by strangulation.
On Jan. 18, 1996, the body of Cynthia Pugh was found in Palm Harbor, dead
by strangulation. Both were prostitutes. Police later arrested Randall
for the murders. He was tried, convicted, and sentenced to electrocution
after the jury unanimously recommended the death penalty.
David Charles Carpenter v. State
of Florida No. 90,349
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file by clicking the case number(s) here On Thanksgiving 1994 the
body of Ann Powell was found in the trunk of her burned-out car in a field
near the Pinellas County Trail. Carpenter was arrested for the crime, tried,
and convicted. The jury recommended capital punishment 7-to-5, and the
judge sentenced him to death.
Edward Castro v. State of Florida
No. 91,216
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file by clicking the case number(s) here Castro was tried, convicted, and
sentenced to death for the January 1987 stabbing murder of Austin Scott
in an Ocala apartment complex. The Supreme Court sent the case back to
correct errors in penalty phase, and the jury again recommended death by
a vote of 8-to-4. The Supreme Court affirmed the sentence. Castro now challenges
the validity of his sentence.
Konstantinos Fotopoulos v. State
of Florida No. 92,227
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file by clicking the case number(s) here Fotopoulos was tried and
convicted for the October 1989 murder of Kevin Ramsey at the Strickland
Rifle Range. He also was charged with the November 1989 murder of Bryan
Chase, allegedly after Chase botched a contract to murder Fotopoulos' wife.
The jury recommended capital punishment and the judge sentenced Fotopoulos
to death. His sentence was affirmed on appeal. He now challenges the validity
of the sentence.
Robert Patton v. State of Florida
No. 89,669
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file by clicking the case number(s) here Patton was tried, convicted, and
sentenced to death for the Sept. 2, 1981, murder of Miami police officer
Nathaniel Broom. The Supreme Court sent the case back for resentencing
due to errors in the penalty phase. The jury recommended the death penalty
11-to-1, and the trial judge again sentenced him to die. The sentence was
affirmed on appeal. Patton now challenges the validity of the sentence.
Terry Paul Ray v. State of Florida
No. 92,421
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file by clicking the case number(s) here Ray was arrested and tried for
the Sept. 17, 1996, murder of Holmes County Deputy Lonnie Lindsay and other
crimes. The jury convicted him and recommended the death penalty 7-to-5.
The trial judge sentenced him to die, and Ray appeals.
Last
Updated November 11, 1999 ] [Edited
by Karl R. Keys, Esq .]