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Thread: Bruce Douglas Pace - Florida Death Row

  1. #1
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    Bruce Douglas Pace - Florida Death Row




    Facts of the Crime:

    On November 4, 1988, Barbara Mack spoke with her father, Floyd Covington, via the radio in his cab. Later that day she was unable to reach him using the same radio. On November 7, 1988, Frankie Covington, the victim’s daughter-in-law, filed a missing person’s report with Santa Rosa Sheriff’s Department. The police began a search for the missing cab driver. Mr. Covington’s cab, a white Buick station wagon, was found in a wooded area. It had been covered with a pile of brush. The bloodstains in the cab revealed that the person sitting in the driver seat had been shot from the direction of the passenger seat. The blood was found to be type O, which was consistent with Mr. Covington’s blood type.

    Covington had been shot twice in the chest with a shotgun while in the driver’s seat and then moved to the passenger seat. Mr. Covington’s body was found 12 miles away in another wooded area on November 10, 1988. His wallet was found approximately 20 feet from the body. The medical examiner testified that Mr. Covington had been shot two to seven days prior to the day that the body was found and that either shot alone could have been the cause of death. The plastic wadding and the shells were recovered from the body.

    A witness stated that he had seen, while driving on Highway 87, a white station wagon taxicab around 10:30 a.m. the morning of November 4, 1988. The cab was angled off the road in a grassy ditch. Due to the fact that he only observed the cab for a brief time, he could not give any characteristics of the driver, but he did report that he did not see anyone in the passenger seat.

    During the night of November 3, 1988, Pace spoke with his cousin, Angela Pace, about money problems that he was having. Angela quoted Pace as saying, “There’s something that I do, I hate to do, but I want to have some money tomorrow.” Pace never specifically stated what he was going to do, but she knew that Pace sometimes did odd jobs for Mr. Covington.

    A witness stated that she saw Mr. Covington and Pace in Mr. Covington’s taxi at approximately 9:30 a.m. on November 4, 1988. Another witness stated that she saw Pace around 12:30 to 1:00 p.m. that same day. This witness stated that Pace did not appear wounded or upset, but his clothes were dirty. On November 5, 1988, Pace told his friend Michael Green that he had a gun that they could do some shooting with. Pace retrieved the shotgun gun from the bushes of an unoccupied building. Both shot the gun behind Mr. Green’s mother’s house. When Pace left, he did not take the shotgun with him.

    While at the house, Ms. Green had inquired about spots on Pace’s clothing. Pace replied that he had recently been squirrel hunting and it was squirrel blood. Pace told his stepfather that Mr. Covington had driven him home on the morning of November 4, 1988. Because Pace did not have a key, he was forced to enter the house through a window. Once inside he noticed that his brother’s shotgun was missing from the gun rack. Pace claimed someone appeared behind him and choked him, rendering him unconscious. Pace stated that he woke up in the woods. He saw his brother’s shotgun and picked it up. He saw blood inside Mr. Covington’s cab. He then walked to the Green’s residence. After revealing all of this information to his stepfather, Pace voluntarily went to the sheriff’s office.

    Pace was sentenced to death in Santa Rosa County on November 16, 1989.

  2. #2
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    February 3, 2009

    11th Circuit rejects Pace appeal

    ATLANTA -- The federal appeals court in Atlanta has rejected an appeal by Florida death-row inmate Bruce Douglas Pace, convicted of the shotgun killing of a taxi-driver friend during a robbery of his cab 20 years ago.

    Seventy-year-old Floyd Covington, described as like an uncle to the 29-year-old Pace, was slain in Bagdad, Fla., in Santa Rosa County in November 1988.

    Among other issues, Pace claimed ineffective assistance of counsel, saying his lawyer should have used his crack cocaine addiction as a mitigating factor during the trial's penalty phase.

    Other courts supported the lawyer's strategy of depicting Pace as a good person who helped and supported his family rather than as a crack addict. A panel of the 11th Circuit Court of Appeals found no reason Tuesday to overturn the decisions.

    http://www.miamiherald.com/news/flor...ry/886623.html

  3. #3
    Senior Member CnCP Legend JLR's Avatar
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    Factors Contributing to the Delay in the Imposition of the Sentence:

    The 3.850 Motion was pending in the Circuit Court for eight years.

    Case Information:

    Pace filed a Direct Appeal to the Florida Supreme Court on 11/27/90. The issues that he raised were that the evidence presented at trial was insufficient to convict him, the trial court erred in admitting exculpatory statements in addition to not allowing the cross-examination of state witnesses concerning a third shotgun shell found at the scene. The Court ruled that there was no abuse of discretion by the trial court and the cross-examination should have been allowed although the error was found to be harmless. The Court also stated that three of the aggravating factors were supported beyond a reasonable doubt and that the record supports the trial judge’s conclusion with regard to sentencing. The Court affirmed Pace’s conviction and sentence on 03/26/92. The rehearing was denied on 05/18/92 and the mandate was issued on 06/17/92.

    Pace filed a Petition for Writ of Certiorari to the United States Supreme Court on 07/16/92. The petition was denied on 10/05/92.

    Pace then filed a 3.850 Motion to the Circuit Court on 10/13/93. The motion was denied on 06/11/01. The Circuit Court set forth the reasons for the delay in processing the 3.850 Motion as the following: (1) Several changes in defense counsel, (2) CCR lacked funds and had too many cases pending with death warrants, (3) Lack of assigned counsel due to CCR’s reorganization, (4) CCR requested a continuance for the evidentiary hearing citing lack of funds, and (5) public records requests.

    On 08/21/01, Pace filed a 3.850 Appeal to the Florida Supreme Court. In his appeal, he claimed that his trial counsel was ineffective during the guilt phase because failed present a defense of voluntary intoxication or pursue an insanity defense. He also claimed that his trial counsel failed to object to comments made by the prosecution during the guilt phase. Pace also argued that his counsel was ineffective during the penalty-phase because he did not properly investigate all mitigating circumstances pertaining to Pace. Pace further contended that the prosecution withheld a fingerprint smudge report as well as a written reprimand of an investigator from the case. Finally, Pace argued that certain agencies did not provide public records upon request. The Court found no reversible error in any of Pace’s claims and affirmed the trial court’s denial of his 3.850 Motion on 05/22/03. A mandate was issued on 10/02/03.

    On 03/04/02, Pace filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was denied 05/22/03. A mandate was issued on 10/02/03.

    On 11/14/03, Pace filed a Petition for Writ of Certiorari to the United States Supreme Court. The petition was denied on 01/20/04.

    On 09/27/04, Pace filed a Petition for a Writ of Habeas Corpus to the United States District Court, Northern District which was denied 10/01/07. On 11/16/07, Pace filed a Motion for Certificate of Appealability. This motion was granted on 11/20/07.

    On 11/20/07, Pace filed a Habeas Petition Appeal in the United States Court of Appeals, 11th Circuit. The United States Court of Appeals affirmed the lower court’s denial of Pace’s Habeas Petition on 02/05/09.

    On 06/08/09, Pace filed a Petition for a Writ of Certiorari to the United States Supreme Court. This petition was denied on 10/05/09.


    On 11/30/10, Pace filed a Successive 3.851 Motion in the State Circuit Court. This motion was denied on 03/23/11.

  4. #4
    Senior Member CnCP Legend Mike's Avatar
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    The Florida Supreme Court denied his Hurst claim today.

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

  5. #5
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court DENIED Pace's certiorari petition.

    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC17-1021)
    Decision Date: January 30, 2018

    https://www.supremecourt.gov/search....c/18-5078.html

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