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Thread: Paul Alfred Brown - Florida Death Row

  1. #1
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    Paul Alfred Brown - Florida Death Row




    Summary of Offense:

    Barry and Gail Barlow awoke to the sound of two gunshots in the early morning hours of March 19, 1986. Upon investigating the source of the shots, they found 17-year-old Pauline Cowell, Gail’s sister, dead in the Florida room of their home. Tammy Bird, a friend of Cowell’s, had been shot as well, but she survived. The padlock, which secured the room from the outside, was missing and the door was discovered open. Authorities identified Brown as a possible suspect and began searching for him. Sheriff’s deputies found Brown in the trailer park where his brother lived, hiding behind a shed. A handgun was found in Brown’s pants, which matched the gun used in the shootings of Cowell and Bird.

    Brown was living with Cowell’s mother at the time of the murder and Cowell had only recently moved from her mother’s to her sister’s home. Upon questioning, Brown indicated that he broke into the Barlow residence to confront Cowell about some lies she was telling. He stated that did not plot to kill Cowell, but planned on shooting her if she began to scream.

    Brown was sentenced to death in Hillsborough County on March 2, 1987.

  2. #2
    Administrator Heidi's Avatar
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    Factors Contributing to the Delay in the Imposition of the Sentence:

    Brown’s Direct Appeal took over three years to resolve. In addition, Brown’s first 3.850 Motion was pending for five years. During that period, there were three amended motions filed, and the court granted Brown’s motion to disqualify the Hillsborough County State Attorney’s Office because his former defense counsel was given a position there as an Assistant State Attorney. His first 3.850 Appeal also lasted for three years. Brown’s second 3.850 was pending for nearly four years.

    Case Information:

    Brown filed his Direct Appeal in the Florida Supreme Court on 05/04/87. Brown contended that the arresting detective did not read him his Miranda rights, and as such, his confessions should have been inadmissible in court. Brown also argued that the court erred in refusing to excuse a prospective juror for cause. In reference to the sentencing phase, Brown raised several points of contention; however, the Florida Supreme Court found those claims to be without merit and summarily denied them all. The Florida Supreme Court affirmed the convictions and sentence of death on 03/22/90 and the mandate was issued on 07/16/90.

    On 09/10/90, Brown filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 11/26/90.

    On 05/08/92, Brown filed a pro se 3.850 Motion in the Circuit Court. Over the next four years, three amended motions were filed on his behalf. On 04/09/97, the Circuit Court denied all relief. Brown appealed that decision to the Florida Supreme Court on 05/14/97, and on 03/09/00, that court affirmed the denial of the 3.850 Motion.

    Brown filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 04/25/01. The petition was denied on 11/01/01.

    Brown filed another Petition for Writ of Habeas Corpus in the United States District Court on 12/13/01. The petition was administratively closed on 07/22/02 pending the final decisions in the Bottoson/King cases. Brown filed a Motion to Re-Open the Petition on 12/31/02, which was denied on 07/28/03 and Brown was directed to raise Atkins claims (mental retardation) at the state level. Brown filed a motion to re-open and amend this petition on 07/26/07. On 10/10/07, an amended petition was filed. The petition was denied on 11/25/09.

    On 09/25/01, Brown filed another 3.850 Motion and amended the motion on 08/15/02. On 06/27/03, an Evidentiary Hearing was held. On 04/26/05, the CC denied the 3.850 Motion.

    On 06/08/05, Brown filed a 3.203 Appeal with the Florida Supreme Court, and on 04/12/07, the FSC affirmed the denial of the motion. The Florida Supreme Court issued a mandate on 06/26/07.

    On 11/20/07, Brown filed another 3.850 Motion with the circuit court and amended the motion on 01/11/08. The motion was denied on 04/29/08.

    On 05/19/08, Brown filed a 3.850 Appeal with the Florida Supreme Court, and on 07/09/09, the FSC affirmed the denial of the motion.

    On 01/04/10, Brown filed a Habeas Appeal with the United States Court of Appeals, Eleventh Circuit. On 05/28/10, the Certificate of Appealability (COA) was denied by the USCA.

  3. #3
    Administrator Moh's Avatar
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    On January 24, 2011, Brown's certiorari petition was DENIED by the US Supreme Court.

    Lower Ct: United States Court of Appeals for the Eleventh Circuit
    Case Nos.: (09-16435-P)
    Decision Date: May 26, 2010
    Rehearing Denied: August 27, 2010

    http://www.supremecourt.gov/Search.a...es/10-7763.htm

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    Administrator Aaron's Avatar
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    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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