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Thread: Alan Lyndell Wade - Florida

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    Alan Lyndell Wade - Florida



    Reggie and Carol Sumner





    Summary of Offense:

    Alan Lyndell Wade and codefendants Tiffany Ann Cole, Michael James Jackson and Bruce Kent Nixon were convicted for the July 8, 2005 robbery, kidnapping and first-degree murders of Reggie and Carol Sumner, a retired couple living in Jacksonville, Florida.

    The group’s plan to rob the couple originated from codefendant Tiffany Ann Cole’s information, which was gained as a result of a prior relationship with the Sumners. The Sumner’s had been neighbors of Cole when they lived in South Carolina. Wade knew Jackson and his girlfriend, Cole, because he had visited and partied with them in South Carolina in the summer of 2005 and had known codefendant Jackson for at least a year. In June 2005, Cole and Jackson visited Wade, who lived in Jacksonville. During this visit, the Sumners’ let Cole and Jackson stay with them in Jacksonville.

    In June, Wade arrived at his longtime friend Nixon’s home in Jacksonville driving a Mazda RX-8 that Cole had rented in South Carolina. Wade told Nixon of a vague plan to rob someone but offered no specifics. Two evenings before the murders, Wade contacted Nixon and asked whether Nixon would like to join him, Jackson, and Cole in digging a hole. Nixon agreed and stole four shovels from his neighborhood before the others arrived at his home in the Mazda.

    The foursome searched for and decided on a good location for the hole—a remote, wooded area just across the state line in Georgia. They dug a large, deep hole and returned to the car. Wade asked Jackson if Nixon could join their robbery plan and Jackson agreed. In preparation, the defendants purchased disposable rubber gloves, duct tape, a large roll of plastic wrap and a toy gun that shot plastic pellets. At approximately 10:00 p.m. on July 8, 2005, Cole drove her three codefendants in the rented Mazda RX-8 to the Sumners’ home. She and Jackson remained in the car while Wade and Nixon approached the residence. When Carol Sumner opened the door, they asked to use her phone, and she invited them in. Upon entering, Wade pulled out the phone line while Nixon pointed the toy gun at the couple. Nixon took the couple into the spare bedroom and used duct tape to secure their hands and legs and cover the mouths and eyes. Jackson then entered the house after being signaled the victims were secured. Wade and Jackson began searching for financial information. A pile of mail and financial statements and Mr. Sumner’s coin collection were taken to the Mazda.

    At Jackson’s direction, Wade and Nixon walked the Sumners out to their own Lincoln Town Car and put the couple in its trunk. According to the plan, the two headed for the pre-dug grave where, upon arrival, Wade and Jackson buried the couple alive. Later, Wade and Jackson drove the Lincoln up to the road where Cole and Nixon waited. Jackson held a yellow legal pad and reported that it contained the previously unknown personal identification numbers (PINS) for the Sumners’ bank cards. Then, with Wade and Nixon in the Lincoln and Cole in the Mazda, the foursome drove to Sanderson, Florida, where they abandoned the Lincoln after wiping it clean of prints. They left the four shovels in the trunk.

    All four defendants then returned to Jacksonville in the Mazda. They withdrew money from one of the Sumners’ accounts at an ATM machine and went to their hotel. They also returned to the Sumners’ home and stole the computer. Nixon stayed with the defendants for another day and then went home. Wade stayed with Cole and Jackson and traveled with them to Charleston, South Carolina. There Cole rented two hotel rooms—one for her and Jackson and one for Wade.

    Carol Sumner reported her inability to contact her parents to the Jacksonville Sheriff’s Office on July 10. On July 12, the car was found. An investigation by law enforcement showed an unusual number of recent ATM withdrawals. Video from the ATMs showed Michael Jackson’s face and a silver Mazda in the background. Wade called Nixon to tell him that the Lincoln had been found.

    On July 14, Jackson, Cole and Wade were located and arrested at their South Carolina hotel and their rooms were searched pursuant to warrants. Carol Sumner’s key ring, which contained the keys to the Lincoln, was found on the nightstand in Wade’s room. In Cole and Jackson’s room, officers found a suitcase full of the Sumners’ financial records, bags of recent purchases made on the Sumners’ accounts, receipts for those purchases and for purchases made earlier in Jacksonville and other items, including the Sumners’ driver licenses, credit and bank cards, and checks and check register. Notably, a check for $8,000 on the Sumners’ account had been made payable to Alan Wade. Officers also searched Cole’s car, a Chevy Lumina, and the Mazda, which had not been returned to the rental agency but had been recovered by law enforcement officers. In the Lumina, the officers found Reggie Sumner’s coin collection and, in the Mazda, they found Wade’s fingerprints on one of the victim’s magazines. They also found an unused roll of plastic wrap with Cole’s and Jackson’s fingerprints on it.

    Nixon was arrested, and he took officers to the Georgia gravesite. A roll of duct tape was found there. On the morning of July 15, law enforcement officers began the excavation of the gravesite. Both victims were found fully clothed and sitting in crouched positions, with at least two feet of dirt over their heads. The medical examiner testified that both Reggie and Carol were alive in the hole before the dirt was shoveled in on them. Their mouths, nostrils, throats, esophagi, and tracheae contained fine sprays of dirt, indicating that the dirt was inhaled. Both victims died of a combination of mechanical asphyxiation, as the dirt compressed their chests and abdomens, and smothering, as the dirt piled up around their heads and obstructed their noses and mouths.

    Wade was sentenced to death in Duval County on March 4, 2008.

    Co-defendant information:
    Tiffany Cole was sentenced to death. For more on Cole, see: http://www.cncpunishment.com/forums/...t=tiffany+cole
    Michael Jackson was sentenced to death. For more on Jackson, see: http://www.cncpunishment.com/forums/...t=tiffany+cole
    Bruce Kent Nixon received two concurrent sentences of 45 years (pleaded guilty to second-degree murder).

  2. #2
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    November 4, 2008

    JACKSONVILLE, Fla. (AP) -- A suspect convicted in the murder of a Georgia couple was sentenced to death Tuesday morning.

    Alan Wade was convicted in January of first degree murder of Reggie and Carol Sumner. Back in 2005, police say Wade, along with three others, Michael Jackson, Tiffany Cole and Bruce Nixon, kidnapped the Sumners, buried them alive in a shallow grave then emptied their bank accounts.

    In February, a jury recommended the death penalty for Wade. And Tuesday morning, a judge made a final decision, sentencing him to death.

    Wade’s co-defendant, Michael Jackson, is currently on death row for the Sumners’ murder, while Bruce Nixon is set to be released in 2050 after striking a plea deal to testify against the other defendants. Nixon took the stand during Wade’s trial.

    Tiffany Cole is set to be sentenced on Thursday, March 6th. In November, a jury voted in favor of the death penalty for Cole for her role in the murder.

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    The Florida Supreme Court upheld Wade's death sentence on direct appeal on May 6, 2010.

    Opinion is here:

    http://www.floridasupremecourt.org/d...0/sc08-573.pdf

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    WADE, Alan Lyndell (W/M)

    DC#: J35401

    DOB: 05/22/87


    ***4th Judicial Circuit, Duval County Case # 16-2005-CF-010263-BX

    Sentencing Judge: The Honorable Michael R. Weatherby

    Attorney, Trial: Refik Eler – Public Defender’s Office

    Attorney, Direct Appeal: Frank J. Tassone, Jr. – Private

    Attorney, Collateral Appeals: Ann Finnell --Registry


    Date of Offense: 07/08/05

    Date of Sentence: 03/04/08

    Codefendant Information:

    Tiffany Cole – Death

    Michael Jackson – Death

    Bruce Kent Nixon – Two concurrent sentences of 45 years (pleaded guilty to second-degree murder)


    Additional Information:

    Bruce Kent Nixon pleaded guilty to two counts of second-degree murder in exchange for his cooperation with the State and his testimony against his three codefendants at their separate trials.

    Trial Summary:

    08/18/05 Indicted as follows:

    Count I: First-Degree Murder (Reggie Sumner)

    Count II: First-Degree Murder (Carol Sumner)

    Count III: Armed Robbery

    Count IV: Armed Robbery

    Count V: Kidnapping

    Count VI: Kidnapping

    10/24/07 Jury returned guilty verdicts on all counts of the indictment

    11/15/07 Jury recommended death by a vote of 11-1

    03/04/08 Sentenced as follows:

    Count I: First-Degree Murder (Reggie Sumner) – Death

    Count II: First-Degree Murder (Carol Sumner) – Death

    Count III: Armed Robbery – 15 years

    Count IV: Armed Robbery – 15 years

    Count V: Kidnapping – Life in Prison

    Count VI: Kidnapping – Life in Prison


    Appeal Summary:

    Florida Supreme Court – Direct Appeal

    FSC# 08-573

    41 So.3d 857

    03/27/08 Appeal filed

    11/04/09 Oral Argument

    05/06/10 FSC affirmed convictions and sentences

    08/20/10 Mandate issued

    United States Supreme Court – Petition for Writ of Certiorari

    USSC# 10-7410

    (Pending)

    11/01/10 Petition filed


    Factors Contributing to the Delay in Imposition of Sentence:

    Case Information:

    On 03/27/08, Wade filed an Initial Appeal in the Florida Supreme Court. Wade makes the following arguments: (1) his death sentences are disproportionate to codefendant Nixon’s sentences, and the trial court erred in sentencing Wade to death without considering Nixon’s sentence, (2) the prosecutor made statements during closing argument in both phases of trial that constitute fundamental error, (3) the trial court erred in denying Wade’s motion for mistrial regarding a “golden rule” violation by the prosecutor, (4) the trial court erred in denying the defense motion to preclude imposition of the death penalty under Furman v. Georgia, 408 U.S. 238 (1972), (5) the trial court erred in denying the defense motion to disallow the death penalty as a sentence because Florida does not have uniform standards for determining whether to seek the death penalty (6) the trial court erred in dismissing potential juror Butler for cause, and (7) the death sentences are precluded by Roper v. Simmons, 543 U.S. 551 (2005).

    On 05/06/10, the Florida Supreme Court affirmed the judgment and sentences. The mandate was issued on 08/20/10.

    On 11/01/10, Wade filed a Petition for Writ of Certiorari in the United States Supreme Court. This petition is currently pending.

    __________________________________________________ __________________________________________________ ______


    Supreme Court

    No. 10-7410 *** CAPITAL CASE ***
    Title:
    Alan Lyndell Wade, Petitioner
    v.
    Florida
    Docketed: November 9, 2010
    Lower Ct: Supreme Court of Florida
    Case Nos.: (SC08-573)
    Decision Date: May 6, 2010
    Rehearing Denied: August 4, 2010

    Nov 1 2010 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2010)
    Dec 9 2010 Brief of respondent Florida in opposition filed.
    Dec 23 2010 DISTRIBUTED for Conference of January 14, 2011.

  5. #5
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    In today's US Supreme Court orders, Wade's petition for a writ of certiorari and motion for leave to proceed in forma pauperis was denied.

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    Jacksonville man on Death Row asks for new trial, claims original lawyers were ineffective

    A Jacksonville man on Death Row for his role in robbing, kidnapping and burying a disabled Jacksonville couple alive is asking for a new trial.

    Alan Lyndell Wade, 26, is arguing that the attorneys who represented him during his criminal trial were ineffective. Wade was convicted of multiple counts of first-degree murder, armed robbery and kidnapping. A jury recommended death by an 11-1 vote and Circuit Judge Michael Weatherby concurred.

    Wade was one of four people who kidnapped Carol and Reggie Sumner, both 61, from their St. Nicholas home in 2005 and drove them to Charlton County, Ga., where they were buried alive.

    On Monday Wade’s current lawyer, Ann Finnell, told the Florida Supreme Court that Wade’s previous attorneys were unprepared for trial and allowed evidence in that any competent lawyer would have objected too.

    “Mr. Wade would have been better off with a first-year law student who cared,” Finnell said.

    The lead attorney for Wade during his trial was Refik Eler. At the time of the trial Eler was in private practice. He is now the chief deputy for 4th Circuit Public Defender Matt Shirk.

    Eler declined comment on the appeal, saying it would be improper for him to discuss a case that was still pending.

    Finnell said Eler and the other attorney on the case barely met with Wade, didn’t talk to witnesses before putting them on the stand during the trial and penalty phase and didn’t object to evidence that could have been kept out of the case.

    Michael James Jackson, 31, the mastermind of the murder plot, and Jackson’s girlfriend, Tiffany Ann Cole, 32, are also on Death Row. A fourth participant, 26-year-old Bruce Nixon, testified against the others and was sentenced to 45 years in prison for second-degree murder.

    The quartet was arrested in Charleston, S.C., a week after the Sumners disappeared. Police found Jackson with the couple’s ATM cards and personal information.

    But Finnell argued that police didn’t have good reason to search Wade’s hotel room because they didn’t have any evidence that he’d been involved in the crime at that time. She said the search warrant for Wade’s hotel room could have been suppressed, but his attorney’s never tried to do that.

    She also argued that evidence of Wade’s drug abuse and mental health issues were never explored. Telling justices that Nixon testified that Wade was “completely wasted” the night of the murder.

    Assistant Attorney General Renee Rancour argued that the original lawyers trial strategy was to object as little as possible and let the jurors know that Jackson and Cole were the real masterminds of the crime.

    But Justice Barbara Pariente expressed concern over this, saying there appeared to be times when an objection was obvious, but Wade’s lawyers didn’t do it.

    Rancour also said Wade freely and voluntarily chose to participate in the robbery, kidnapping and murder.

    Justices did not say when they would issue a ruling in the case. Wade will remain in prison while the appeal is decided and did not attend Monday’s hearing.

    http://members.jacksonville.com/news...l-lawyers-were

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    ALAN LYNDELL WADE vs STATE OF FLORIDA

    In today's Florida Supreme Court opinions, the court AFFIRMED the postconviction court’s order denying Wade's motion to vacate his convictions and sentences including two convictions for first-degree murder and two sentences of death filed under Florida Rule of Criminal Procedure 3.851.
    An uninformed opponent is a dangerous opponent.

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

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    Supreme Court rejects appeal of inmate for his role in kidnapping, burying Jacksonville couple alive

    The Florida Supreme Court has declined to grant a Jacksonville man on Death Row a new trial.

    Alan Lyndell Wade, 27, argued that the attorneys who represented him during his trial were ineffective. In a unanimous ruling, justices rejected that argument and said Wade’s original attorneys engaged in a trial strategy that was sound even though he ended up on Death Row.

    Wade was one of four people who kidnapped Carol and Reggie Sumner, both 61, from their St. Nicholas home in 2005 and drove them to Charlton County, Ga., where they were buried alive.

    He was convicted of multiple counts of first-degree murder, armed robbery and kidnapping. A jury recommended death by an 11-1 vote and Circuit Judge Michael Weatherby concurred.

    Michael James Jackson, 32, the mastermind of the murder plot, and Jackson’s girlfriend, Tiffany Ann Cole, 33, are also on Death Row. A fourth participant, 27-year-old Bruce Nixon, testified against the others and was sentenced to 45 years in prison for second-degree murder.

    The four were arrested in Charleston, S.C., a week after the Sumners disappeared. Police found Jackson with the couple’s ATM cards and personal information.

    Wade’s current attorney, Ann Finnell, argued this year that his previous lawyers were unprepared for trial and allowed evidence in that any competent lawyer would have objected too.

    “Mr. Wade would have been better off with a first-year law student who cared,” Finnell said.

    The ruling was appealed to the Supreme Court after Weatherby denied a motion for a new trial.

    Finnell said the previous attorneys on the case barely met with Wade, didn’t talk to witnesses before putting them on the stand during the trial and penalty phase and didn’t object to evidence that could have been kept out of the case.

    But the original attorneys said their strategy was not to object that much during trial, especially during evidence that focused more on Jackson and Cole because they believed it showed that Wade wasn’t the mastermind behind the crime.

    At the evidentiary hearing, attorney Refik Eler, who was primarily responsible for the guilt phase of Wade’s trial, testified that given the evidence linking Wade to Jackson and Cole, he felt that the defense had to admit some wrongdoing by Wade in order to maintain credibility with the jury while arguing that he wasn’t responsible for the killings.

    Eler, now the chief deputy public defender under Matt Shirk, but then a private attorney, testified that his strategy was to let the state present any evidence about Jackson and Cole so the jury could hear how much they were involved and how little Wade was involved.

    Eler’s co-counsel, Frank Tassone, testified that a strategic decision was made to not object to evidence that implicated Jackson and Cole.

    Eler said he was gratified that the Supreme Court didn’t think he was incompetent, but also said the ruling was “bittersweet” because it upheld his client’s conviction.

    http://jacksonville.com/news/crime/2...apping-burying

  9. #9
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    On February 19, 2015, Wade filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/flo...cv00187/307342

  10. #10
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    On February 22, 2016, Wade filed a habeas petition again in Federal District Court.

    https://dockets.justia.com/docket/fl...cv00200/307502

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