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Antonio Lebaron Melton - Florida Death Row
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Thread: Antonio Lebaron Melton - Florida Death Row

  1. #1
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    Antonio Lebaron Melton - Florida Death Row




    Facts of the Crime:

    Antonio Lebaron Melton and his friend, Bendleon Lewis, entered George Carter’s pawnshop in Pensacola on January 23, 1991. According to Lewis, who was granted immunity by the State to testify against Melton, he pretended to be interested in pawning a necklace. When Carter weighed the necklace, Melton pulled a .38-caliber gun from his pants and focused it on Carter while Lewis robbed the store. As Lewis was unlocking the door to leave, he heard a gunshot.

    According to Melton, while Lewis was talking to Carter about the necklace, Melton put on surgical gloves and reached for a ring. Carter observed this and reached for a gun that he had. Lewis grabbed Carter’s hands while Melton pulled out his own gun.

    Melton then proceeded to take Carter’s gun. Melton stated that Carter rushed him then fell and hit his head. Melton then told Carter to remain still, but Carter reached for Melton’s hand that held the gun. The two struggled for the weapon, which resulted in Carter being fatally shot in the head. Despite the conflicting stories, the one undisputed fact that remains is that Melton held the gun that fired the shot that ultimately killed Carter.

    Melton was sentenced to death in Escambia County on May 19, 1992.

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

    It took over eight years for the Circuit Court to decide on Melton’s 3.850 Motion. This delay may be due to the Melton’s lack of counsel during the reorganization of CCRC-North, the addition of new counsel, and the case being reassigned after the retirement of the original judge.

    Case Information:

    Melton’s direct appeal was filed to the Florida Supreme Court on 06/01/92. The Court affirmed Melton’s conviction and sentence on 05/12/94. Melton raised four issues on direct appeal. The main issue was that several improper comments made by the prosecutor to the jury justified a mistrial. None of the issues were found to have merit by the Court.

    Within the same year of the Florida Supreme Court’s ruling, Melton’s attorney filed a petition for Writ of Certiorari on 09/02/94 to the United States Supreme Court. The petition was denied on 10/31/94.

    Melton filed a 3.850 Motion on 1/14/96 to the Circuit Court. The motion was pending for over eight years. A Huff hearing was held on 10/18/01. On 10/22/01, the Circuit Court judge issued an order granting an evidentiary hearing. On 03/24/04, the motion was denied.

    On 08/26/04, Melton filed a 3.850 Appeal to the Florida Supreme Court. On appeal, Melton argued the lower court erred in denying postconviction regarding the following: (1) his claim that he was denied the effective assistance of counsel during both the guilt and penalty phases of his trial, (2) his claim that the State withheld material and exculpatory evidence and presented misleading evidence, (3) his newly discovered evidence claims, (4) his claim that the prosecutor’s misconduct during the course of his case rendering Melton’s conviction and sentence fundamentally unfair and unreliable, (5) his claim that there was unconstitutional systematic exclusion of a significant portion of the nonwhite population from the jury pool, and (6) his claim that the lower court improperly considered his “lack of remorse” in its order denying relief. The Court denied all claims as having no merit. On 11/30/06, the Court affirmed the lower court’s denial of Melton’s 3.850 Motion. The Motion for Rehearing (this case only) was denied on 02/15/07. The mandate was issued on 03/05/07

    On 08/15/05, Melton filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was denied on 11/30/06. The mandate was issued on 03/05/07.

    On 02/28/06, Melton filed a 3.851 successive Motion to the Circuit Court. Melton amended the third claim of this motion on 04/26/07. A second amendment was filed on 07/23/07. This motion, along with its two amendments, was denied on 01/03/08.

    On 09/08/06, Melton filed a Petition for Writ of Habeas Corpus in the United States District Court, Northern District. On 06/13/08, the State petitioned the court to consolidate this case with another Habeas Petition filed in the same court on 03/03/08 under the case number 08-34. This petition was granted and the cases were consolidated under 06-384 on 06/19/08. On 03/18/09, Melton filed a Motion to hold proceedings in abeyance. This motion was granted on 03/31/09. The proceedings in this case are stayed while Melton exhausts filings in the state circuit court.

    On 05/15/07, Melton filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 10/01/07.

    On 02/13/08, Melton filed a 3.851 appeal in the Florida Supreme Court. Melton voluntarily dismissed his appeal on 10/03/08.

    On 03/03/08, Melton filed a Petition for Writ of Habeas Corpus in the United States District Court, Northern District. On 06/13/08, the State petitioned the court to consolidate this case with the previous Habeas Petition (06-384) that was pending at that time. This petition was granted and the cases were consolidated under 06-384 on 06/19/08. This case number is currently non-active.

    On 03/09/09, Melton filed a 3.851 Motion in the Circuit Court. This motion was denied without prejudice on 10/21/09.

    Melton filed a 3.851 Appeal in the Florida Supreme Court on 11/02/09. The FSC affirmed the denial of the 3.851 Motion on 02/09/11.

    On 11/29/10, Melton filed a 3.851 Motion in the Circuit Court. This motion was denied on 04/11/11.

  3. #3
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    On July 1, 2013, Melton filed an appeal in the US Eleventh Circuit Court of Appeals over the apparent denial of his habeas petition in Federal District Court.

    http://dockets.justia.com/docket/cir...ca11/13-12967/

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    Melton v. Secretary, Florida Dept. of Corrections

    Opinion Date: March 2, 2015

    Court: Eleventh Circuit Court of Appeals

    A Florida jury convicted Antonio Melton of armed robbery and first-degree felony murder for shooting George Carter during a robbery of Carterís pawn shop. He was sentenced to death. Melton sought postconviction relief from the Supreme Court of Florida, which denied relief. Melton then filed a federal petition for a writ of habeas corpus, arguing that under "Roper v. Simmons," (543 U.S. 551 (2005)), the state courts violated his rights under the Eighth Amendment when they relied on a juvenile conviction as an aggravating factor in a capital case and when they failed to consider his "mental and emotional age." The district court denied the petition and refused to grant a certificate of appealability. Melton moved the Eleventh Circuit to grant him a certificate of appealability, and that request was denied. Melton moved for reconsideration to include as new issues his arguments based on Roper. Because neither issue was debatable, the Eleventh Circuit denied Meltonís motion.
    An uninformed opponent is a dangerous opponent.

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

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    In today's orders, the United States Supreme Court declined to review Melton's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Eleventh Circuit
    Case Nos.: (13-12967)
    Decision Date: October 9, 2013
    Rehearing Denied: March 3, 2015

    http://www.supremecourt.gov/search.a...es/15-5522.htm

  6. #6
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    ANTONIO LEBRON MELTON v THE STATE OF FLORIDA

    In today's Florida Supreme Court opinions, the court AFFIRMED the district court's DENIAL of Melton's successive motion for postconviction relief.
    An uninformed opponent is a dangerous opponent.

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

  7. #7
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    Today the Florida Supreme Court denied his Hurst claim.

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

  8. #8
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    In today's orders, the United States Supreme Court DENIED Melton's petition for certiorari.

    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC17-1147)
    Decision Date: February 2, 2018

    https://www.supremecourt.gov/search....c/17-9555.html

  9. #9
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    On January 14, 2019, oral argument will be heard in Melton's appeal before the Eleventh Circuit.

    http://www.ca11.uscourts.gov/sites/d...20Calendar.pdf

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