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Thread: Wydell Evans - Florida

  1. #1
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    Wydell Evans - Florida




    Summary of Offense:

    On October 21, 1998, two days after being released from prison, Wydell Evans was riding in a car with Angel Johnson, his brother’s 17-year-old girlfriend, Erica Foster, Sammy Hogan, and Lino Odenat. Evans was having an argument with Johnson over her alleged unfaithfulness to Evans’ brother. At some point during the argument, Johnson laughed, to which Evans responded, “You think it’s funny? You think it’s funny?” He then pulled a gun and shot Johnson in the chest. After the shooting, Odenat tried to exit the vehicle, but Evans told him to get back in the car. Evans threatened Foster and Hogan not to tell who shot Johnson or he would kill them and their families, before exiting the vehicle. Foster and Hogan rushed Johnson to the hospital, but she later died of her wounds. At the hospital, Foster and Hogan were questioned by police, and told police that Johnson was shot during a drug deal by a white man driving a cream-colored car. They later changed their story and reluctantly identified Evans as the shooter.

    Evans was sentenced to death in Brevard County on February 15, 2000.

  2. #2
    Administrator Moh's Avatar
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    On September 29, 2010, Evans' habeas petition was DENIED in Federal District Court.

    http://dockets.justia.com/docket/flo...v00897/201257/

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    Case Information:

    Evans filed a Direct Appeal with the Florida Supreme Court on 03/02/00, citing the following errors: introduction of hearsay testimony; improper comments during State’s closing argument; denial of a judgment of acquittal; improper jury instructions for the Kidnapping charge; improper admission of Evans’ prior presentence investigation reports; and the proportionality of the death penalty in Evans’ case. On 11/14/02, the FSC affirmed the convictions and sentences.

    Evans filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/28/03 that was denied on 10/06/03.

    Evans filed a 3.851 Motion in the Circuit Court on 02/24/04 and amended the motion on 08/31/04. On 02/14/05, the Circuit Court denied the Motion.

    Evans filed a 3.851 Motion Appeal with the Florida Supreme Court on 04/14/05, citing allegations of ineffective assistance of counsel. On 10/05/06, the FSC affirmed the denial of the motion.

    Evans filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/26/05, citing allegations of ineffective assistance of counsel. On 10/05/06, the FSC denied the petition.

    Evans filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District on 05/29/07. This petition was denied with prejudice on 09/29/10.

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    Penalty phase relief was granted by the Eleventh Circuit.

    http://www.ca11.uscourts.gov/opinions/ops/201014920.pdf


    The Eleventh Circuit will hear the case en banc.

    http://www.ca11.uscourts.gov/opinion...1014920ord.pdf

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    On January 4, 2013, the US Court of Appeals for the Eleventh Circuit, in an en banc ruling, denied penalty-phase relief to Evans. The vote was eight to two, with Martin and Wilson dissenting.

    Case Number: 10-14920
    Docket Num: 6:07-cv-00897-JA-KRS
    File Name: 201014920.enb.pdf
    Date Issued: 01-04-2013
    Opinion Type: ENB
    Description: Wydell Evans v. Secretary, DOC

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    Administrator Jan's Avatar
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    In today's United States Supreme Court orders, Evans' petition for a writ of certiorari was DENIED.

    Lower Ct: United States Court of Appeals for the Eleventh Circuit
    Case Nos.: (10-14920)
    Decision Date: January 4, 2013

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