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Thread: Renaldo Devon McGirth - Florida

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    Renaldo Devon McGirth - Florida




    Summary of Offense:

    Renaldo McGirth was sentenced to death on May 5, 2008 by Marion Circuit Judge Brian Lambert, who called him the "primary actor" in the July 2006 shooting death of Diana Miller, 63, at her home in an affluent retirement community.

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    Renaldo McGirth Sentenced to Death

    Renaldo Devon McGirth was sentenced to death Monday for the murder nearly two years ago of Villages resident Diana Miller.

    Circuit Judge Brian Lambert’s decision came nearly two months after a jury found the 19-year-old guilty of Miller’s murder in July 2006. McGirth was sentenced to two life terms in prison on separate convictions in connection with the attempted murder of Miller’s husband James, and armed robbery.

    He was sentenced to 15 years in prison on his conviction of attempting to elude deputies in the aftermath of the murder/robbery. He also was ordered to pay $7,848 in restitution to James Miller.

    “I believe (Lambert) did the correct thing, given all the facts and circumstances,” said State Attorney Brad King. “(But) it doesn’t change what Mr. Miller had to go through.”

    McGirth’s attorney, Candace Hawthorne, declined comment following Monday’s court proceedings.

    On July 21, 2006, McGirth, accompanied by Jarrord Marqui Roberts and Theodore Clifford Houston, entered the Millers’ home in the Village of Springdale, where McGirth shot Diana Miller in the chest and head. He also shot James Miller in the head. Credit cards and jewelry were stolen from the residence before the trio, along with the Millers’ daughter, Shelia, left. After stopping at an ATM and the Oaks Mall in Gainesville, they were involved in a high-speed chase with law enforcement officers before they were captured and arrested.

    All three were indicted by a grand jury in August 2006. Roberts was found guilty in January of manslaughter, attempted voluntary manslaughter and armed robbery. He was sentenced last month to life in prison. Houston’s trial is still pending.

    Before Lambert sentenced McGirth, both McGirth’s mother, Michelle, and his step-mother, Sharon Grimes, addressed the court.

    “We ask that you be lenient and have mercy … because he is such a young man,” Grimes said.

    “I’ve got so much grief, pain, hurt, and I’m afraid of losing my child … I did the best I could raising him,” Michelle McGirth said to the judge, speaking barely above a whisper.

    Then, for the first time since the start of his trial, McGirth spoke.

    “I just want to apologize to Mr. Miller and his family and say that I’m sorry for what happened that day,” McGirth said.

    While Lambert read the 31-page sentencing order, McGirth alternately looked up at Lambert and down at the table in front of him as nearly a dozen of his family and friends sat behind him, their hands clasped together.

    Neither McGirth nor his mother reacted when Lambert read the sentence. After the trial was over, Michelle McGirth echoed her son’s apology.

    “My heart really goes out to the Millers,” she said while wiping tears from her eyes. “We’re looking ahead for better days in the appeals.”

    James Miller was not in court Monday.

    (Source: The Associated Press)

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    McGirth's conviction was upheld by the Florida Supreme Court in today's orders/opinions.

    Opinion is here:

    http://www.floridasupremecourt.org/d...0/sc08-976.pdf

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    Death penalty upheld for McGirth in Villages murder

    In a unanimous ruling released Wednesday, the Florida Supreme Court upheld the murder conviction and death sentence for Renaldo McGirth, who was tried and convicted in Marion County of murdering Villages resident Sheila Miller and injuring her husband, James, in July 2006 during a brazen home robbery that ended with a frantic police chase.

    McGirth, 22, raised multiple issues on appeal, such as the trial court's finding of several aggravating circumstances in its reasoning for the death sentence and the admissibility of certain victim impact evidence during the penalty phase of trial.

    In its ruling, the high court found there was reason to believe McGirth's actions were conducted to avoid arrest; that the murder was committed in a cold, calculated and premeditated manner; and that the murder was especially heinous, atrocious or cruel – all aggravating factors identified by the trial court.

    McGirth was visiting the Millers' daughter, Sheila, along with two friends, Jarrord Roberts and Theodore Houston, Jr., at the victims' Villages residence. Intending to rob the couple, McGirth shot Diana and James Miller in the back of the heads on their bedroom floor, then left the residence with the group, later ordering Sheila Miller to withdraw from an ATM machine and divide it up among the group.

    He led police on a 100 mph chase before authorities caught up with the fleeing vehicle.

    A Marion County jury found McGirth guilty of first-degree murder, attempted first-degree murder, robbery with a firearm, fleeing law enforcement. They recommended the death sentence for McGirth by an 11-1 vote.

    http://www.ocala.com/article/2010111...illages-murder

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    In today's United States Supreme Court orders, McGirth's petition for a writ of certiorari and motion for leave to proceed in forma pauperis was DENIED.

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    Death row inmate fires his lawyers - twice - during Monday hearing

    Defense attorneys representing convicted murderer Renaldo McGirth filed into court Monday morning for a weeklong evidentiary hearing they hoped might result in a new trial for their client.

    But those hopes crumbled when McGirth told Circuit Judge Brian Lambert he wanted his counsel discharged because he believed them to be ineffective. With that, the evidentiary hearing digressed into a laborious, two-hour-plus proceeding that featured questions about case law, the defendant’s mental competency, and even motions in an unrelated Ocala murder case.

    In the end, McGirth fired his attorneys — twice.

    “As I stated earlier, we’re in conflict about how to best represent me,” McGirth said, referencing his attorneys, David Gemmer and Jim Viggiano of the state Capital Collateral Regional Counsel office.

    “I feel like I’m being disregarded.”

    McGirth, 25, is on death row for the July 2006 killing of Diana Miller, 63, inside her Villages residence. Miller’s husband, James, also suffered injuries during the robbery.

    His co-defendants, Jarrod Roberts, and Theodore Houston, 24, were sentenced to life in prison for their roles in the killing. McGirth is believed to be the triggerman.

    The defense for McGrith has pointed out the state did not prosecute the Millers’ daughter, Shelia. During McGirth’s 2008 murder trial the defense sought to paint Shelia Miller as a facilitator of the crime.

    McGirth cited a recent hearing for murder defendant Michael Woods. Defense attorney Terence Lenamon argued that the State Attorney’s Office sought the death penalty in a racially discriminatory way against minority defendants. Lenamon said therefore the death penalty should not be deemed constitutional in regards to Woods.

    According to McGirth, Lenamon shared this motion with Gemmer. McGirth was frustrated that his counsel chose not to use this as part of McGirth’s post-conviction appellate efforts.

    Lambert, who also presides over the Woods case, told McGirth he had recently ruled against Woods’ request concerning the death penalty. The judge cited a lack of direct evidence that the State Attorney’s Office had sought the death penalty in an unconstitutional way.

    After Lambert deemed McGirth competent enough to decide who should represent him, the defendant asked for Gemmer and Viggiano to be released so he could move forward representing himself. The pair were later reinstated as counsel after the trio came to a compromise.

    The defense then called its first witness, Dr. Robert Berland, a forensic psychologist.

    Berland took the stand for several minutes, testifying about McGirth’s mental state. “My interpretation is he has a psychological disturbance,” said Berland, who explained his test results. “He was trying to hide his craziness.”

    Berland recently testified during the penalty phase of Michael Bargo’s murder trial.

    McGirth politely interrupted the testimony, and the judge had Berland wait in the jury deliberation room while McGirth told the court he refused to hear any evidence about his mental health. Again, he cited a discrepancy with his legal team.

    “This is a prime example of what I’m saying to you,” McGirth told Lambert. “I’m not crazy or psychotic but they are calling witnesses telling (you) I’m crazy and psychotic.”

    Lambert did not agree with the defendant that his lawyers were ineffective, but did allow McGirth to continue the case until Dec. 2 and represent himself with a standby counsel to assist him if needed.

    McGrith will also be able to submit additional motions and revise the witness list.

    During the proceeding, Gemmer defended his work on the case. “In our best judgment, we cannot possibly investigate all possible witnesses,” he said, explaining he had tried to put forth the most compelling testimony.

    http://www.ocala.com/article/2013092...nt02?p=3&tc=pg
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    Hearing delayed for death row inmate Renaldo McGirth

    By April Warren
    The Ocala Star-Banner

    A death row inmate told a judge on Tuesday he needs more time to prepare for his post-conviction relief hearing because he still has not been provided with all the necessary materials, including an alleged taped confession from the victim's daughter.

    Renaldo D. McGirth, 25, was scheduled to begin a post-conviction relief hearing this week. Instead, it has been postponed until May.

    In 2008, Circuit Judge Brian Lambert sentenced McGirth to death for the 2006 murder of Villages resident Diana Miller, 63.

    McGirth and co-defendants Jarrod Roberts and Theodore Houston Jr. attempted to rob the Miller residence with the help of the Miller's daughter, Shelia, who mistook McGirth for someone else.

    According to McGirth, in an interview with Marion County Sheriff's Detective Rhonda Stroup at the emergency room, Shelia Miller confessed to the crime, but her remarks were not part of the official interview transcript.

    McGirth is, by choice, representing himself. Court-appointed standby counsel David Gemmer told Lambert the audio file does include Shelia Miller saying “I shot my mother.” He called the remark “clear and unambiguous.”

    However, State Attorney Brad King told Lambert the defense had taken the remark out of context.

    “When you listen to the entirety of it, it's clear she is not confessing to killing her mother,” said King. The interview transcript is more than 70 pages long and, during the entire interview, Miller never waivers about the co-defendants' involvement, he explained.

    “When you take it in context it is clear that she misspoke — not that she was incriminating herself,” King said,

    In 2007, Shelia Miller told the court under oath: “I did not murder my mother.”

    Houston is serving a 20-year prison sentence for his role in the crime. Roberts is serving a life term.

    At the time of his sentencing, McGirth, then 20, was the youngest person on Florida's death row. The youngest person now is Marion County's Michael Bargo, 21, who was sentenced to death for the brutal 2011 murder of Seath Jackson, 15.

    http://www.ocala.com/article/2014012...c=pg#gsc.tab=0

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    Death row inmate Renaldo McGirth declines to present evidence, call witnesses


    In this May 27, 2014 file photo, Renaldo McGirth speaks during his hearing at the Marion County Courthouse in Ocala. The death row inmate was in court again on Monday.


    By April Warren
    The Ocala Star-Banner

    After fighting for more than a year to represent himself in court, death row inmate Renaldo McGirth ended what was supposed to be a week-long post-conviction hearing after just a few minutes Monday morning when he declined to present any evidence or call any of his 21 witnesses to testify.

    The decision essentially ended any hope McGirth had of arguing to the judge that he received an unfair trial and should be given some relief.

    Instead, McGirth said he wanted to appeal several motions that were denied by a judge last week in lieu of presenting more evidence.

    McGirth, now 26, was sentenced to death row for the July 2006 killing of Diana Miller, 63, of The Villages, during a robbery. Miller's husband, James, also suffered injuries during the incident. McGirth is believed to have been the triggerman.

    Co-defendant Jarrod Roberts, 28, is currently serving a life prison term for his role and co-defendant Theodore Houston, 25, is serving a 20-year prison sentence.

    “Do you want to say anything as to why you're doing this?” presiding judge Brian Lambert asked McGirth on Monday.

    “No,” McGirth responded.

    Standby attorney David Gemmer of the Capital Collateral Regional Counsel office told Lambert that McGirth's decision was against his advice.

    Had the week-long hearing been held, McGirth could have presented any evidence in support of his argument that he did not receive a fair trial. Instead, he indicated that he would appeal Lambert's rulings from Friday, when the judge denied four separate defense motions: to disqualify the trial judge; appoint co-counsel; continue; and appoint a conflict-free counsel.

    During Monday's hearing, State Attorney Brad King made sure McGirth was aware that unless he presented evidence, there would be nothing on the record for either Lambert or the appellate court to consider regarding any claims that he received an unfair trial.

    Lambert found that McGirth's right to waive the evidentiary hearing was freely and voluntarily given. Lambert ordered both sides to present him with a brief and said he will make a ruling at a later date.

    For more than a year McGirth's post-conviction proceedings have received several false starts as questions were raised about his competency and desire to represent himself.

    Before Monday's hearing concluded, McGirth asked the judge to make sure that any witnesses who were transported from the Department of Corrections to the Marion County Jail for the hearing would be sent back as soon as possible because they do not receive gain time off their prison sentence while they are held at the jail.

    After the hearing ended, a female McGirth supporter called out “I love you” in his direction before hugging another woman and letting out muffled sobs.

    http://www.ocala.com/article/2015021...ws09?p=1&tc=pg
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    RENALDO DEVON MCGIRTH v STATE OF FLORIDA RENALDO DEVON MCGIRTH v JULIE JONES etc..

    In today's Florida Supreme Court opinions, the court AFFIRMED the circuit court's order DENYING McGirth's amended motion to vacate his conviction and sentence of death file under Florida Rule of Criminal Procedure 3.851. The court GRANTED McGirth's habeas petition and ordered a new penalty phase based on Hurst v Florida.
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    Man convicted of murder makes first resentencing court appearance

    By Katie Pohlman
    The Ocala Star-Banner

    The Florida Supreme Court overturned Renaldo McGirth’s death sentence after rulings that such sentences made final after June 24, 2002, must come from unanimous jury decisions. In McGirth’s 2008 trial, the jury voted 11-1 for death.

    A Marion County man convicted of murder and attempted murder made his first appearance in local court Monday to begin his resentencing process.

    Renaldo Devon McGirth, 29, wearing an orange jumpsuit with a white long-sleeve undershirt, sat at the defense table while attorneys and 5th Circuit Judge Jonathan Ohlman discussed the next steps in his resentencing. The Florida Supreme Court overturned McGirth’s death sentence more than a year ago after sweeping rulings that death sentences made final after June 24, 2002, must come from unanimous jury decisions. In McGirth’s 2008 trial, the jury voted 11-1 for death.

    Ohlman told McGirth he would work on appointing a new attorney to represent the defendant in future proceedings. All parties decided to meet again in March with the new defense attorney, but did not set an exact date. McGirth waived his appearance at that court date, saying he wished to return to the Department of Corrections.

    State Attorney Brad King is the prosecutor in this case.

    McGirth murdered Diana Miller and shot her husband, James Miller, both of The Villages, while robbing them at their home in 2006. McGirth shot Diana Miller once in the chest and once in the back of the head. He also shot James Miller in the back of the head, but the man survived and was able to crawl out a bedroom window to get help.

    The search for McGirth and his co-defendants ended in a high-speed car chase. McGirth also stole $259.

    Death penalty cases have two trial phases: guilt and penalty. In the guilt phase, a jury of 12 people decides whether the defendant is guilty of the first-degree murder charges. If they convict the defendant, the same jury will sit for the penalty phase and decide whether the defendant is sentenced to death or life in prison without the possibility of parole.

    McGirth’s conviction still stands, but he must have a new penalty phase to decide whether he will remain on death row or receive a reduced sentence of life.

    He is one of four Marion County death row inmates that have been granted resentencings over the past year, one of whom had the sentence reduced to life.

    http://www.ocala.com/news/20180205/m...urt-appearance

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