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Thread: James Eugene Hunter - Florida Death Row

  1. #1
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    James Eugene Hunter - Florida Death Row




    Summary of Offense:

    James Hunter, Tammie Cowan, Cathy Woodward, Charles Anderson, Andre Smith, and Lee Lewis (a.k.a. Eric Boyd) drove to DeLand from St. Augustine on September 16, 1992. Cowan testified that Lewis and Anderson each carried black BB guns and Hunter had a silver handgun. They made a brief stop in DeLand to visit Smith’s mother. Cowan stopped the car at about 11:45 p.m. to let Anderson, Lewis, Smith, and Hunter out. Hunter robbed a man on the street at gunpoint.

    The four went back to the car to reunite with the others and Cowan drove them to Daytona Beach. After they departed for Daytona Beach, a “be on the lookout” (BOLO) message was circulated through the Volusia County area looking for the robbery suspects in a four-door gray car carrying at least five African-Americans, two of whom were female.

    Hunter directed Cowan to drive to the Bethune-Cookman College area. Hunter instructed Cowan to stop the vehicle when he saw four young men outside of the “Munch Shop.” Hunter, Lewis, Smith, and Anderson exited the vehicle and walked towards the four men. Hunter was still carrying the firearm. Hunter directed the men to “give it up” and he and his companions proceeded to rob the men at gunpoint. Hunter shot each of the men in turn while they were lying on the sidewalk face down. The last man to get shot, Wayne Simpson, died from his wound.

    Hunter and his companions fled the scene with the clothing and other possessions belonging to the victims. When they returned to the car, Hunter directed Cowan to leave and relayed to her that he fired the gun because a victim had attempted to flee. At 12:40 a.m., Deputy Graves spotted a vehicle that matched the DeLand BOLO message. Deputy Graves pulled the car over and Cowan admitted that they had come from DeLand. The victim of the DeLand robbery was brought to the stopped car and identified Hunter as the robber. The victim also identified the vehicle as the one involved. Cowan consented to a police search of the vehicle where officers discovered items stolen from both robberies as well as the two BB guns. Investigators never recovered the gun used by Hunter in the robberies.

    Hunter was sentenced to death in Volusia County on August 18, 1993.

    Co-defendant information:
    Andre Smith is serving ten life sentences, Lee Lewis (a.k.a. Eric Boyd) is serving nine life sentences, and Charles Anderson is serving seven life sentences for their involvement in the robberies.

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

    A 3.850 Motion was pending from 03/31/97 – 07/25/00.

    Case Information:

    A Direct Appeal was filed with the Florida Supreme Court (FSC) on 09/07/93. Issues that were raised included whether the trial court erred in finding Hunter competent to stand trial and whether the trial court erred in allowing evidence from the stop and search of the vehicle to be admitted in court. Several mental-health and neurology experts examined Hunter and the trial court found Hunter competent to stand trial even though the expert testimony was conflicting. The Florida Supreme Court found all of the claims either without merit or harmless and affirmed the conviction and sentence of death on 06/01/95.

    A Petition for Writ of Certiorari was filed on 12/19/95 and denied on 02/20/96.

    A 3.850 motion was filed with the circuit court on 03/31/97 and denied on 07/25/00.

    A 3.850 Appeal was filed with the FSC on 05/14/01, and the FSC affirmed the trial court’s denial of post-conviction relief on 04/04/02.

    A Petition for Writ of Habeas Corpus was filed with the United States District Court on 06/06/02 and was denied on 06/16/04.

    A Petition for Writ of Habeas Corpus Appeal was filed with the United States Court of Appeal on 07/15/04, and the denial of the petition was affirmed on 01/04/05.

    A Petition for Writ of Certiorari was filed with the United States Supreme Court on 05/31/05 and was denied on 10/03/05.


    A 3.851 Motion was filed with the Circuit Court on 10/03/05 and was amended on 01/11/06. On 12/22/06, the motion was denied.

    A 3.851 Appeal was filed with the Florida Supreme Court on 01/29/07 that was denied 09/25/08.

    A Petition for Writ of Certiorari was filed with the United States Supreme Court on 02/27/09. This petition was denied on 10/05/09.

    A 3.850 Motion was filed with the Circuit Court on 6/01/09. This motion was denied on 8/18/09.

    A 3.850 Appeal was filed with the Florida Supreme Court on 09/21/09. This appeal was denied on 10/05/10

  3. #3
    Administrator Heidi's Avatar
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    Man on death row for 1992 Daytona murder wants new trial

    A convicted killer who has already lost numerous appeals since he was sentenced to die for first-degree murder in 1993 will be brought in front of a judge today to argue for a new trial.

    James "Psycho" Hunter was 21 when sentenced to death for the Sept. 17, 1992, shooting death of Bethune-Cookman College student Wayne Simpson, who was 19. The killing occurred during a robbery just off campus, in front of a sandwich shop owned by Simpson's father. At the time, prosecutors presented testimony that Hunter and three other men had just come from robbing a man in DeLand.

    Much has changed since then. The electric chair is no longer used and Gayle Graziano, who presided over the two-week trial, is no longer a judge. Hunter, who disrupted the trial with outbursts and fingers pointed at deputies in the courtroom, is now 40.

    In 1995, the Florida Supreme Court affirmed the conviction and sentence of Hunter in the automatic review given to all capital cases.

    Since then, Hunter, who insisted on his innocence and vowed he would return a free man, has lost several appeals.

    His newest effort is based on what Hunter claims is new evidence. He intends to present testimony from a co-defendant, Charles Anderson, who has signed a sworn statement that Hunter was not part of the robbery in Deland.

    The defense will then argue for a new trial, because the DeLand robbery was used as an aggravator in obtaining the death penalty for Hunter. Anderson, who pleaded to the murder and robberies in Daytona Beach, is serving a life sentence.

    Simpson, a sophomore at the historic black college, was sitting outside the Munch Shoppe at 556 Dr. Mary McCleod Bethune Blvd. with three friends.

    Simpson, Michael Howard, who was 21 at the time, Taurus Cooley, who was 19, and Theodore Troutman, 20, were confronted by Hunter and three other men, including Anderson, who were armed with pistols, police said.

    Simpson and his friends were all shot by Hunter, according to testimony. All except Simpson survived.

    The hearing, before Circuit Judge Frank Marriott, is expected to take all day.

    http://www.news-journalonline.com/ne...new-trial.html

  4. #4
    Administrator Moh's Avatar
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    On March 22, 2013, Hunter filed a successive habeas petition in Federal District Court.

    http://dockets.justia.com/docket/flo...v00481/282444/

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