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Thread: Jerry Leon Haliburton - Florida Death Row

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    Jerry Leon Haliburton - Florida Death Row




    Facts of the Crime:

    On August 9, 1981, Jerry Haliburton, while on parole, burglarized the home of Donald Bohannon and attacked him while he slept. Bohannon died as a result of thirty-one stab wounds to the neck, chest, arms, and scrotum. After being arrested for the crime, Haliburton was subjected to police questioning, and when an attorney was obtained, he was not allowed to see Haliburton. During the questioning, Haliburton was subjected to a polygraph examination. After a court order was obtained, the attorney was allowed to consult with Haliburton and the interrogation was stopped. According to Haliburton’s brother, Haliburton said he killed Bohannon just to see if he could kill another human being.

    Haliburton was re-sentenced to death in Palm Beach County on April 11, 1988.

  2. #2
    Senior Member CnCP Legend JLR's Avatar
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    Factors Contributing to the Delay in Imposition of Sentence:

    The time between Haliburton’s original sentencing on 10/07/83 and his resentencing on 04/11/88, and the time taken to decide a Petition for Writ of Habeas Corpus (02/18/92 – 01/09/97), a 3.850 Motion Appeal (05/23/94 – 01/09/97), and a federal Petition for Writ of Habeas Corpus (04/10/98 – 09/10/01).

    Case Information:


    On 11/14/83, Haliburton filed a Direct Appeal with the Florida Supreme Court, arguing that the failure of the police to allow an attorney to consult with Haliburton during questioning violated Haliburton’s right to counsel. On 08/30/85, the FSC vacated the conviction and death sentence of Haliburton.

    On 12/18/85, the State of Florida filed a Petition for Writ of Certiorari with the U.S. Supreme Court, and on 03/24/86, the USSC vacated the FSC’s decision and remanded the case for reconsideration by the FSC.

    On 10/01/87, the Florida Supreme Court again vacated the conviction and sentence and remanded the case for a new trial.

    On 02/17/88, a jury recommended the death sentence for Haliburton by a vote of 9-3. On 04/11/88, Haliburton was resentenced to death.

    On 04/18/88, Haliburton filed a Direct Appeal with the Florida Supreme Court, claiming the following nine issues: trial court error in refusing to require the jury to return a special verdict of premeditated or felony murder; not allowing defense to comment on a witness during closing arguments; rereading portions of requested testimony; improper admission of three photographs into evidence; refusing to declare a mistrial due to admission of cumulative, irrelevant, and prejudicial evidence; refusing to declare a mistrial due to alleged attempts by the prosecutor to shift the burden of proof; Florida’s capital sentencing statute is unconstitutional; allowing the jury to consider the HAC aggravating factor; and two of four aggravating factors were improperly found (under sentence of imprisonment and cold, calculated, and premeditated murder). On 04/05/90, the FSC affirmed the conviction and sentence of death.

    On 06/20/90, Haliburton filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 06/28/91.

    On 02/16/92, Haliburton filed a 3.850 Motion with the Circuit Court that was denied on 01/25/94.

    On 02/18/92, Haliburton filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court, citing four issues relating to ineffective assistance of counsel. On 01/09/97, the FSC denied the Petition.

    On 05/23/94, Haliburton filed a 3.850 Motion Appeal with the Florida Supreme Court, citing the following nine issues: improper denial of a motion for rehearing, state withholding of exculpatory evidence and ineffective assistance of counsel at the guilt phase, ineffective assistance of counsel at the penalty phase, overbroad jury instructions regarding aggravating circumstances, state compliance with public records requests, ineffective assistance of counsel regarding waiving of a speedy trial, ineffective assistance of counsel regarding prosecutorial misconduct, improper jury instructions that shifted the guilt to Haliburton, and denial of due process due to the Governor signing a death warrant before the two year time limit for filing a motion for post-conviction relief expired. On 01/09/97, the FSC affirmed the denial of the 3.850 Motion.

    On 04/10/98, Haliburton filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District that was denied on 09/10/01.

    On 02/27/01, Haliburton filed an appeal with the Florida Supreme Court, which the FSC treated as a 3.850 Motion Appeal. On 05/01/01, the court dismissed the appeal with prejudice.

    On 10/15/01, Haliburton filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Circuit Court of Appeals, 11th Circuit, citing allegations of ineffective assistance of counsel. On 08/21/03, the USCA affirmed the denial of the Petition by the USDC.

    On 06/20/03, Haliburton filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court, citing Ring issues. On 10/09/03, the FSC denied the Petition, without opinion.

    On 03/19/04, Haliburton filed a Petition for Writ of Certiorari with the U.S. Supreme Court, appealing the decision of the USCA. On 06/07/04, the USSC denied the Petition.

    On 11/30/04, Haliburton filed a 3.851 Motion with the Circuit Court that was dismissed on 01/28/05.

    On 09/29/05, Haliburton filed a 3.851 Motion Appeal with the Florida Supreme Court, and on 07/10/06, the FSC affirmed the denial of the motion.

    Haliburton filed a 3.851 Motion with the Circuit Court on 09/18/06. On 04/07/08, the Circuit Court granted the motion in part. The court ruled that Haliburton is entitled to an evaluation by a mental health expert to determine mental retardation. After completion of the evaluation, an evidentiary hearing will be conducted to address the 3.851 Motion.

  3. #3
    Administrator Moh's Avatar
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    No. 13-10790 *** CAPITAL CASE ***
    Title:
    Jerry Leon Haliburton, Petitioner
    v.
    Florida

    Lower Ct: Supreme Court of Florida
    Case Nos.: (SC12-893)
    Decision Date: July 18, 2013
    Rehearing Denied: September 24, 2013

    Oct 6 2014 - Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Hall v. Florida 572 U. S. ___ (2014).

    http://www.supremecourt.gov/Search.a...s\13-10790.htm

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    Moderator Bobsicles's Avatar
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    ID claim denied by the Florida Supreme Court.

    https://law.justia.com/cases/florida...sc19-1858.html
    Thank you for the adventure - Axol

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    Moderator Bobsicles's Avatar
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    Distributed for conference September 28, 2022.

    https://www.supremecourt.gov/search....c/22-5093.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  6. #6
    Senior Member CnCP Legend Mastro Titta's Avatar
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    In today's orders, the United States Supreme Court DENIED Haliburton's petition for certiorari.

    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC19-1858)
    Decision Date: June 17, 2021
    Rehearing Denied: January 27, 2022

    https://www.supremecourt.gov/orders/...22zor_fcgj.pdf

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