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Thread: Andrew Richard Lukehart - Florida Death Row

  1. #1
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    Andrew Richard Lukehart - Florida Death Row




    Summary of Offense:

    At the time of the offense, Andrew Richard Lukehart lived with his girlfriend, Misty Rhue and her two children, Ashley (a two-year-old) and Gabrielle (a five-month-old). On the afternoon of February 25, 1996, Ms. Rhue put Ashley down for a nap in her bedroom, while Lukehart remained in the other room with Gabrielle. Around 5 p.m., Ms. Rhue heard her car start and she saw Lukehart drive away in her white Oldsmobile. She also noticed that Gabrielle was not in the house.

    Thirty minutes later Ms. Rhue received a call from Lukehart. He stated that an individual in a Blue Chevy Blazer had taken the child from the home and he was chasing them in her car. He asked her to call the police. After 20 minutes, Ms. Rhue called the Jacksonville Sheriff’s Department. At approximately 6:00 p.m., Mr. Mobley, a witness, reported to the Clay County Sheriff’s Department that a car had run off the road close to his home and he could not find the driver. While an officer from the Jacksonville Sheriff’s Department was speaking with Ms. Rhue in her home, she received a call from the Clay County Sheriff’s Department. The officer relayed the information that Ms. Rhue’s car had been driven off the road in Clay County, and no one was in the car at the time it was located. A search ensued in the surrounding area and neither the baby nor driver was found. Helicopters were used in the search, and their presence alerted Mr. Davis, an off-duty Florida State Trooper who lived near the area. He went outside and found Lukehart in his front yard.

    Lukehart walked up to Trooper Davis with his hands up and stated, “I’m the one they are looking for. Read me my rights.” Trooper Davis was not completely abreast of the situation, and he chose to handcuff Lukehart and then notified his dispatcher. An officer from the Clay County Sheriff’s office retrieved Lukehart and took him back to the scene of the abandoned car. The officer kept Lukehart handcuffed and waited for an officer from Jacksonville’s Sheriff’s department to interview him because he was the only witness to the alleged abduction. During this period of time, Lukehart made numerous comments to the officers, such as complaining about Gabrielle soiling her diaper, and wanted to know when he could tell his side of the story. Lukehart stated that he had placed Gabrielle in the front seat of the Oldsmobile in front of Ms. Rhue’s house and that she had been abducted from the driveway. Lukehart could not describe the person who was driving the Blazer.

    The police questioned Lukehart at the police station, and he reiterated his second abduction story. Lukehart then stated that he would retrace his steps from Ms. Rhue’s home to the area in Clay County with law enforcement. Lukehart acquiesced that his first story was a lie. He then stated that the baby had been abducted from a store when he went inside to buy Ms. Rhue and the child some roses. When at the store, the detectives saw that the details of the story were inaccurate, and Lukehart changed his story. Lukehart then took the police to the place where the Oldsmobile had been found and told them that was where he had lost the Blazer. An intensive search was still being conducted for the child. The detective questioned Lukehart again and told him that he did not believe the abduction story. Approximately 18 hours after turning himself in, Lukehart finally admitted to killing the baby. He stated that had he dropped the child while changing her diaper and put her body in a pond in Jacksonville.

    Lukehart was sentenced to death in Duval County on April 4, 1997.

  2. #2
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    ANDREW RICHARD LUKEHART vs. THE STATE OF FLORIDA

    In today's Florida Supreme Court orders, Lukehart's petition for habeas relief was DENIED. The court also AFFIRMED the postconviction court's DENIAL of rule 3.850 relief.

  3. #3
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    Factors Contributing to the Delay in Execution of Sentence:

    The Direct Appeal was pending in the Florida Supreme Court for three years before a decision was rendered.

    Case Information:

    Lukehart filed a Direct Appeal on 03/12/97 to the Florida Supreme Court. The Court issued an opinion on 06/22/00. The original opinion was withdrawn on 09/28/00 due to the fact that Justice Quince had to recuse herself. Prior to her appointment to the Florida Supreme Court, Justice Quince had spoken with the Assistant Public Defender handling the direct appeal, Chet Kaufman, about the case. A revised opinion was issued on 09/28/00. The Court affirmed the convictions of first-degree murder and aggravated child-abuse, and the death sentence, but they remanded the case for resentencing on the aggravated child abuse conviction. The main claim of the appeal was the trial court’s denial to suppress statements made by Lukehart to law enforcement officers. Lukehart claimed that the statements were not voluntarily made. The Court found no error in the trial court’s denial to suppress the statements. Due to the fact that the trial court failed to fill out the sentencing guidelines score sheet, the Court remanded the case for resentencing and directed the trial court to properly complete the guidelines score sheet. The rehearing was denied on 01/23/01 and the mandate was issued on 02/26/01.

    Lukehart filed a Petition for Writ of Certiorari to the Unites Stated Supreme Court on 04/20/01, which was denied on 06/25/01.

    Lukehart filed a 3.850 Motion to the Circuit Court on 09/27/01. An amended motion was filed on 06/20/02 and a second amended motion was filed on 09/23/03. On 04/06/09, this 3.850 Motion was denied in the Circuit Court.

    On 06/08/09, Lukehart filed a 3.850 Appeal to the Florida Supreme Court. DENIED 06/23/11.

    Lukehart filed a Petition for Writ of Habeas Corpus on 09/23/09. DENIED 06/23/11.

  4. #4
    Administrator Moh's Avatar
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    On May 16, 2012, Lukehart filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/flo...v00585/271523/

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    ANDREW RICHARD LUKEHART v STATE OF FLORIDA

    In today's opinions, the Florida Supreme Court AFFIRMED the lower court's ruling denying Lukehart's subsequent motion to vacate a judgment of conviction of first-degree murder and a sentence of death under Florida Rule of Criminal Procedure 3.851, holding (1) because Defendant's motion was untimely, the postconviction court properly summarily denied the motion; and (2) because Defendant did not address the merits of his claim on appeal, and because the postconviction court did not rule on the merits, the Court would not reach the merits of his claim.
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    Administrator Moh's Avatar
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    On April 26, 2022, oral argument will be heard in Lukehart's appeal before the United States Court of Appeals for the Eleventh Circuit.

    https://www.ca11.uscourts.gov/sites/...9_Lukehart.pdf

  7. #7
    Moderator Bobsicles's Avatar
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    The Eleventh Circuit has denied Lukehart’s appeal and affirmed the district court’s denial of his habeas petition.

    https://law.justia.com/cases/federal...022-09-26.html
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  8. #8
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    The panel was made up of Judges Grant (Trump), Lagoa (Trump) and Brasher (Trump).

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