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Thread: Gary Lawrence - Florida Death Row

  1. #1
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    Gary Lawrence - Florida Death Row




    Facts of the Crime:

    Brenda and Gary Lawrence separated soon after they were married. Michael Finken moved in with Brenda and her two daughters, Kimberley and Stephanie Pitts, as well as Rachel Matin, Stephanie’s friend. On July 28, 1994, the day of the murder, Gary and Michael drank a beer at a friend’s house after driving Brenda to work. After Brenda got off work, Gary and Michael picked her up and took her back to their friend’s house so they could drink more beer. Upon returning to Brenda’s apartment, Gary got into an argument with Michael and hit him when he discovered that Michael and Brenda had been sleeping together. Gary and Michael seemed to resolve their dispute, and Michael went to sleep on the couch. Soon after Brenda and Gary spoke, Brenda went around the house gathering weapons, which included a pipe and a baseball bat. Brenda and Gary told Rachel and Kimberly that they were “going to knock off Mike.” Gary also told Kimberley to “stay inside your bedroom no matter what you hear.”

    While in their bedroom, Rachel and Kimberly said that they heard a pounding sound. Rachel said that she heard the victim yell, “Stop it, if you stop, I’ll leave.” She said that the victim made this statement several times. Kimberly stated that the victim also said, “Please don’t hit me, I’m already bleeding.” Once the pounding noise ceased, the girls were required to help clean up around the victim. At trial, both girls described the mutilation of the victim’s face. Even after the beatings, the victim was still alive.

    Kimberly said she saw her mother, Brenda, coming out of the kitchen with something that looked like a dagger. Then, although Kimberly did not know what her mother had in her hand at the time, she witnessed her mother make a stabbing motion towards the victim. Brenda then asked that the girls go enlist the help of Chris Wetherbee. When Chris entered the apartment, he saw the victim’s crushed skull, indistinguishable face, and a mop handle shoved down the victim’s throat.

    When Chris asked Gary what was going on, Gary responded by kicking the victim and saying, “This is what’s going on.” When the mop handle was removed from the victim’s throat, Chris heard three or four ragged breaths come from the victim before the victim stopped breathing and died. Gary told Chris that he had beaten the victim with a baseball bat after having already beaten him with a pipe until it bent. Gary and Brenda took a small amount of money from the victim’s pockets. They then wrapped the body in a shower curtain before putting it in the victim’s car. Gary drove the vehicle to an isolated area and set the body on fire. When Gary returned to the apartment, he and Brenda danced. Gary was arrested later that same day while he was driving the victim’s car. Gary confessed to the murder stating that he had beaten the victim because Brenda and the victim had been sleeping together. The medical examiner testified at trial that the victim’s death was caused by blunt trauma and possible asphyxia. He also stated that the victim was still alive when the mop handle was forced into his throat. The victim had a very high blood alcohol level, and it was possible that one or more of the blows to his head could have caused a loss of consciousness.

    Lawrence was sentenced to death in Santa Rosa County on May 5, 1995.

    Co-defendant information:
    Brenda Lawrence (DC# 975279)
    B. Lawrence was convicted and sentenced for the following offenses (CC# 94-396):
    Count I: First-Degree Murder – Life sentence
    Count II: Conspiracy to Commit Murder – 1 year 10 months
    Count III: Grand Theft Auto – 1 year 10 months

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

    There have been no undue delays in this case.

    Case Information:

    Lawrence filed a Direct Appeal to the Florida Supreme Court on 05/19/95. Issues that were raised on appeal included whether the trial court erred in finding the cold, calculated, and premeditated aggravator, and whether Lawrence’s death sentence was disproportionate to other death penalty cases. The Court found the issues either harmless or without merit. The Court affirmed his convictions and death sentence on 08/28/97.

    Lawrence filed a Petition for Writ of Certiorari to the United States Supreme Court on 11/17/97, which was denied on 01/20/98.

    Lawrence filed a 3.850 Motion to the Circuit Court on 01/19/99, which was denied on 10/11/00.

    Lawrence filed a 3.850 Appeal to the Florida Supreme Court on 10/23/00. Issues that were raised on appeal included 13 claims of ineffective assistance of appellate counsel. The Court found all of the claims either harmless or without merit and affirmed the Circuit Court’s denial of the 3.850 on 10/17/02.

    A Petition for Writ of Habeas Corpus was filed to the Florida Supreme Court on 03/28/01. Issues that were raised on appeal included 13 claims of ineffective assistance of appellate counsel. The Court found all of the claims either harmless or without merit and denied the petition on 10/17/02.

    On 01/09/03, Lawrence filed a Petition for Writ of Certiorari to the United States Supreme Court. It was filed in the Florida Supreme Court on 01/21/03 and was eventually denied on 03/24/03.

    On 03/11/03, a Petition for Writ of Habeas Corpus was filed to the United States District Court, Northern District. The petition was dismissed on 09/20/04.

    On 10/15/04, Lawrence filed a Habeas Appeal to the United States Court of Appeals, 11th Circuit. The Court affirmed the United States District Court’s order dismissing Lawrence’s Habeas Petition as untimely.

    On 01/23/06, Lawrence filed a Petition for Writ of Certiorari to the United States Supreme Court, which was granted on 03/27/06. The oral argument was held on 10/31/06. On 02/20/07, the Court affirmed the Florida Supreme Court’s denial of Lawrence’s Petition for Writ of Habeas Corpus.
    Last edited by JLR; 01-11-2012 at 08:23 AM.

  3. #3
    Senior Member CnCP Legend Mike's Avatar
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    Today the Florida Supreme Court denied his Hurst claim.

    http://www.floridasupremecourt.org/d...%20(3.851).pdf

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    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court DENIED Lawrence's certiorari petition.

    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC17-1442)
    Decision Date: February 2, 2018

    https://www.supremecourt.gov/search....c/17-9431.html

  5. #5
    Administrator Heidi's Avatar
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    GARY LAWRENCE v STATE OF FLORIDA

    In today's opinions, the Florida Supreme Court AFFIRMED the denial of the postconviction court’s summary denial of Lawrence’s intellectual disability claim.
    An uninformed opponent is a dangerous opponent.

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

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    Administrator Heidi's Avatar
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    Justices reject death penalty disability arguments

    Three weeks after a major ruling on the issue, the Florida Supreme Court on Thursday turned down appeals by two convicted murderers who argued they should be spared from potential execution because of intellectual disabilities.

    Justices on May 21 said the court made a “clear error” in 2016 when it gave some Death Row inmates another chance to argue that they should be shielded from execution because they have intellectual disabilities. In the May 21 decision, justices scrapped the 2016 ruling and barred Death Row inmate Harry Franklin Phillips from trying to show that he has an intellectual disability that could prevent his execution in a 1982 murder.

    The Supreme Court followed up Thursday by applying the reasoning in the Phillips case to reject appeals by inmates Gary Lawrence and Alphonso Cave. Both had raised arguments about having intellectual disabilities. Lawrence was convicted of first-degree murder in 1995 in Santa Rosa County, while Cave was convicted of first-degree murder in 1982 in Martin County. The U.S. Supreme Court in 2014 rejected part of Florida’s tests for determining whether defendants have intellectual disabilities. That part of the tests set a cutoff score of 70 on IQ exams. The U.S. Supreme Court said the state could not use such a “rigid rule.”

    The Florida Supreme Court in 2016 ruled that the U.S. Supreme Court decision should be applied retroactively, which could have given longtime inmates such as Phillips, Lawrence and Cave another chance to prove they have intellectual disabilities and should be spared execution. The 4-1 ruling on May 21, however, said that applying the decision retroactively was erroneous.

    https://cbs12.com/news/local/justice...lity-arguments
    An uninformed opponent is a dangerous opponent.

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

  7. #7
    Moderator Bobsicles's Avatar
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    Distributed for conference March 26, 2021.

    https://www.supremecourt.gov/search....c/20-6307.html
    Thank you for the adventure - Axol

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    Distributed for conference May 20, 2021.

    https://www.supremecourt.gov/search....c/20-6307.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

  9. #9
    Moderator Bobsicles's Avatar
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    Petition for certiorari denied.

    Docketed: November 13, 2020
    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC18-1172)
    Decision Date: June 11, 2020

    https://www.supremecourt.gov/search....c/20-6307.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

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