Page 1 of 2 12 LastLast
Results 1 to 10 of 15

Thread: Daniel Burns, Jr. - Florida Death Row

  1. #1
    Guest
    Join Date
    Oct 2010
    Posts
    5,534

    Daniel Burns, Jr. - Florida Death Row


    Florida Highway Patrol Trooper Jeff Young


    Daniel Burns Jr


    Summary of Offense:

    Daniel Burns, Jr. was convicted and sentenced to death for the murder of Florida Highway Patrol Trooper Jeff Young during a traffic stop on August 18, 1987. Daniel Burns, Jr. and Samuel Williams were returning to Detroit from Ft. Myers when Florida Highway Patrol Trooper Jeff Young pulled them over on Interstate 75. According to Williams’ testimony, Trooper Young came up to the vehicle and asked for identification.

    Trooper Young then returned to his patrol car where he radioed dispatch for a wanted persons search and a registration check on Burns’ Michigan tag. Trooper Young next asked Burns if he could search the vehicle, and Burns consented. Upon searching the trunk and finding what appeared to be cocaine, Trooper Young and Burns began to struggle. According to witness testimony, Burns and Trooper Young were fighting in a water-filled ditch when Burns grabbed Trooper Young’s gun and pointed it at him. Trooper Young threw his hands in front of his face as Burns fired one shot, which hit Trooper Young’s wedding ring and struck him in the head. Trooper Young was dead by the time additional troopers arrived at the scene. Medical examiners testified that the shot was fired at such a close range as to leave gunpowder on Trooper Young’s face. Burns fled on foot and was apprehended later that night. Williams testified that Burns was making several trips to Florida to in order to purchase $10,000 worth of cocaine.

    Burns was re-sentenced to death in Manatee County on July 6, 1994.

  2. #2
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    Factors Contributing to the Delay in the Imposition of the Sentence:

    Burns’ initial Direct Appeal took over three years to resolve, and the appellate process was again delayed due to the order for resentencing issued by the Florida Supreme Court. Burns’ Direct Appeal following resentencing also took approximately three years to complete.

    Burns’ 3.850 Motion Appeal was pending from 01/22/01 – 11/02/06.

    Case Information:

    Burns filed his Direct Appeal in the Florida Supreme Court on 06/27/89. Burns raised many issues in this appeal to which the court gave little or no response. Burns, however, urged that the trial court erred when it allowed character and background evidence of the victim to be presented to the jury, and erred in its application of the heinous, atrocious, and cruel (HAC) aggravating factor. While Burns argued that unfairly prejudiced both the guilt and penalty phases of the trial, the Florida Supreme Court ruled that the introduction of such evidence only deprived Burns of a fair sentencing. The Florida Supreme Court noted the preponderance of evidence of Burns’ guilt, and therefore ruled that, even without the prejudicial testimony, the jury would have enough evidence to convict Burns of murder. The court also examined Burns’ HAC claim and found that the aggravator was inappropriately applied. As such, the Florida Supreme Court affirmed the convictions but remanded the case for new sentencing proceedings on 05/16/91. On 12/24/92, the Florida Supreme Court vacated its earlier decision and issued a clarified opinion on Burns’ Direct Appeal, explaining that in the absence of the HAC aggravator, the jury would have only one aggravating factor to weigh against one mitigating factor, and no way to hypothesize a jury’s recommendation in such a circumstance. In addition, the court noted the prejudicial victim evidence entitled Burns to a new penalty phase before a jury. On 12/24/92, the Florida Supreme Court again affirmed the convictions and remanded for resentencing.

    Burns filed a Direct Appeal in the Florida Supreme Court on 09/02/94. Burns contended that the court erred in denying his request to instruct the jury regarding his right to remain silent and again disputed the admission of victim character and background evidence. Burns also argued that his case was one of the most mitigated and least aggravated. The Florida Supreme Court affirmed the sentence of death on 07/10/97.

    On 11/24/97, Burns filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 02/23/98.

    On 06/08/98, Burns filed a 3.850 Motion to Vacate Judgment and Sentence in the State Circuit Court, which was denied on 12/18/00.

    Burns filed a 3.850 Motion Appeal in the Florida Supreme Court on 01/22/01. On 12/17/04, the FSC relinquished jurisdiction to the Circuit Court for a mental retardation claim. On 06/27/05, the CC denied the mental retardation claim. On 11/02/06, the FSC affirmed the denial of the motion.

    Burns filed a 3.203 Appeal on 07/14/05 that was closed on 09/15/05. The issues raised in the appeal have been included in the 3.850 Appeal.

    On 07/20/07 Burns filed a Petition for Writ of Habeas Corpus with the United States District Court.

    Burns filed a Successive Motion to Vacate Judgment on 10/19/07 in the Circuit Court that was denied on 01/10/08.

    On 02/11/08 Burns filed a 3.850 Appeal with the Florida Supreme Court that was denied on 01/29/09.

    On 08/10/11 Burns' Petition for Writ of Habeas Corpus with the United States District Court was denied.

  3. #3
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    Trooper killer's long stay on death row irks lawmen

    Some retired lawmen are remembering a tragic day 25 years ago today.

    That's when Trooper Jeff Young was killed by then-42-year-old Daniel Burns Jr.

    Burns, who is now 67, has been sitting on death row since being convicted of murder in 1988.

    Retired Florida Highway Patro Capt. J.R. Motes and retired Manatee County Sheriff's Office Capt. Mayer want to know why the cop killer hasn't been executed.

    "Twenty-five years later, I'm wondering why Daniel Burns is still sitting on death row," Motes said.

    "It's a travesty," Mayer said. "This man should die for what he did."

    Twenty-five years after the crime, a white cross planted on the side of I-75 marks the spot near Ellenton where Young was shot and killed.

    Motes says that during a traffic stop, Young discovered Burns was smuggling crack cocaine.

    A fight ensued, and Burns got a hold of the trooper's gun.

    Motes says Burns then killed Young execution-style.

    "He was on his knees, he was telling Burns, 'you don't need to do this; you don't need to,' " Motes said. "He had his hands up (blocking his face)."

    "Burns cocked the revolver, pointed at the trooper in a typical three-point stance and fired one round, which severed the trooper's wedding band and struck the trooper at the very bottom of the upper lip and penetrated into the brain cavity, killing him instantly," Mayer said.

    That day is seared into Florida Highway Patrol Lt. Doug Dodson's memory.

    Dodson says he talked to Young shortly before the shooting.

    "I said, 'let's go get something to eat, Jeff,' " Dodson recalled. "And I remember, he said, 'no, Karen (Young's wife) said she called me and said we're going to have pizza."

    Burns was captured a few hours after the shooting.

    Young's gun was found in a canal.

    Burns was sentenced to death in 1988 and resentenced in 1994. The lawmen wonder if the execution will ever happen.

    "Well, it's been 25 years," Motes said. "How long are we going to feed this guy? And board him? And let him sit around and take it easy? People will say, 'well he's got to sit there and think about this every day.' I hope to heck he does."

    "I harbor a lot of resentment that this man sits on death row," Mayer said. "While this trooper's family here in Manatee County are waiting for the sentence to be carried out."

    A spokesman for Gov. Rick Scott's office told Bay News 9 that Burns has not exhausted all of his appeals. Burns is one of 100 inmates who have been on death row for more than 20 years the spokesman also said Scott believes in swift justice but must wait on federal and state courts before signing a death warrant.

    http://www.baynews9.com/content/news...ler_s_lon.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  4. #4
    Moderator Dave from Florida's Avatar
    Join Date
    Feb 2012
    Location
    Florida
    Posts
    810
    Daniel Burns v. Secretary, Florida Department of Corrections, et al

    The 11th Circuit affirmed the conviction and death sentence today.

  5. #5
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    Article

    Court denies appeal for man who killed Florida state trooper in Bradenton

    The man on death row for 25 years for fatally shooting Florida Highway Patrol Trooper Jeff Young on Aug. 18, 1987, near the Interstate 75 bridge over the Manatee River recently lost an appeal that may now expedite his execution.

    Daniel Burns Jr.'s petition was denied by the 11th U.S. Circuit Court of Appeals in Atlanta, according to a letter Young's family received from Jessica Allard, a victim services specialist in the Florida attorney general's office.

    Allard confirmed she sent the letter regarding the appeal.

    For Young's family, which has campaigned recently for justice to be served for Young, the letter was a major breakthrough, family members said.

    "We have been waiting for 25 years for this," Young's half-brother, David Smith, said Thursday. "It's been way too long in coming. Burns has been on death row for 25 years. That's ridiculous. This letter means that he is not allowed to file anything else in federal court."

    Burns can still file an appeal with the U.S. Supreme Court, Smith said.

    "The U.S. Supreme Court turned him down once, and I believe they will turn him down again," Smith said. "He has been on death row since 1988. I talked to Ms. Allard

    and she told me Burns has 90 days to appeal to the U.S. Supreme Court."

    If the Supreme Court turns down a future appeal, a death warrant can be signed, Smith said.

    On that August day in 1987 Young pulled over a vehicle and asked the driver, Burns, to step outside. He searched the vehicle and found cocaine.

    According to numerous eyewitness accounts, Burns wrestled Young to the ground, grabbed the trooper's gun and aimed at his head.

    On his knees, Young reportedly begged for mercy. He was shot and killed, point-blank in the face. The bullet deflected off his wedding band.

    The bridge near where Young died is now named after him.

    David Smith, who has the same mother as Young but a different dad, is now 71. He said Thursday he has been waiting for justice since he was 46 and his brother was killed.

    "If there was any element of doubt it would be one thing, but this happened along I-75 with numerous witnesses," Smith said. "He's sat up there for 25 years, way too long."

    Burns had an appeal denied by the Florida Supreme Court three years ago.

    Burns remains an inmate on death row at Florida State Prison near Starke.

    http://www.bradenton.com/2013/07/12/...#storylink=cpy
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  6. #6
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On September 13, 2013, the US Court of Appeals for the Eleventh Circuit DENIED Burns' petition for rehearing en banc.

    http://www.supremecourt.gov/Search.a...es/13-7788.htm

  7. #7
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    He must be pretty well out of options, I would think after 25 years they would be getting closer to putting him to death.

  8. #8
    Moderator Dave from Florida's Avatar
    Join Date
    Feb 2012
    Location
    Florida
    Posts
    810
    I would think 2014 would be a safe bet. Scott signs warrants on cop killers.

  9. #9
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    In today's United States Supreme Court orders, Burns' petition for writ of certiorari was DENIED.

    http://www.supremecourt.gov/Search.a...es/13-7788.htm

  10. #10
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    Manatee death row inmates unaffected by Florida Supreme Court decision

    None of the three death row inmates from Manatee County cases will be affected by a Florida Supreme Court decision Thursday.

    Delmer Smith, Daniel Burns Jr. and Melvin Trotter are expected to remain on death row.

    On Thursday, the Florida Supreme Court ruled 6-1 in the death sentence appeal by Mark James Asay, denying his request to be resentenced under the state’s death penalty scheme. Asay was sentenced to death Nov. 18, 1988, for the first-degree murders of Robert Lee Booker and Robert McDowell in Jacksonville.

    Thursday’s decision ruled that only death row inmates whose cases were finalized after the 2002 U.S. Supreme Court ruling in Ring vs. Arizona qualify for a re-sentencing hearing. Ring vs. Arizona required a jury to find aggravating factors in order for the death penalty to be imposed.

    Florida’s death penalty scheme has been in limbo since the U.S. Supreme Court ruled in January in Hurst vs. Florida that it was unconstitutional that Florida judges, not juries, have the ultimate say in the death penalty.

    The state Legislature worked quickly to address the issue. On March 7, Gov. Rick Scott signed the new law, thought to have addressed the problem. But in October, the Florida Supreme Court ruled that the Hurst ruling also required a unanimous vote by the jury to sentence someone to death unlike the majority or super-majority required by the old and new laws.

    The question then became which, if any, death row inmates would have the right to a re-sentencing hearing.

    Smith was convicted Aug. 2, 2012, of first-degree murder for beating Kathleen Briles to death with her cast-iron antique sewing machine in her Terra Ceia home on Aug. 9, 2009.

    He was sentenced to death on May 28, 2013, by Circuit Judge Peter Dubensky following a unanimous recommendation from the jury. Aggravating factors were identified in Dubensky’s order.

    The cases of Burns and Trotter will be unaffected since both have been on death row for decades, long before the 2002 Ring vs. Arizona ruling.

    Trotter was sentenced to death May 18, 1987, for stabbing to death Palmetto grocery store owner Virgie Langford. Burns was sentenced to death June 2, 1988, for the shooting death of Florida Highway Patrol Trooper Jeffery Dale Young.

    http://www.bradenton.com/news/local/...#storylink=cpy
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

Page 1 of 2 12 LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •