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Thread: Joel Dale Wright - Florida Death Row

  1. #1
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    Joel Dale Wright - Florida Death Row




    Facts of the Crime:

    On February 6, 1983, the body of 75-year-old Lima Smith was discovered in the bedroom of her home. Smith’s body was found by her brother, who became worried about her when she failed to answer the door. Smith had been stabbed multiple times in her face and neck and had been sexually assaulted.

    Charles Westberry, a witness for the State, testified that, on the morning of February 6, 1983, Joel Wright came to his home and confessed to killing Smith. Wright acknowledged that he entered her home through an open window with the intention of stealing money from her purse. Wright admitted to killing her because she saw him in the hallway and could identify him. Wright indicated that he did not want to go back to prison. Wright then asked Westberry to provide an alibi for him. Several weeks later, when Westberry informed his wife of the circumstances, she notified the police.

    Police reports indicated that Wright’s fingerprint was lifted from inside Smith’s home. Evidence was also introduced that Wright had burglarized Smith’s home on a previous occasion, having gained access to the house through an open window.

    Wright was sentenced to death in Putnam County on September 23, 1983.

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

    With the remand from the Florida Supreme Court, Wright’s 3.850 Motion was pending from 1988 through 2000.

    Case Information:

    On 10/17/83, Wright filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the trial court erred by refusing to allow the proffered testimony of witness Kathy Waters. Waters had followed the events of the trial and read about the case in the newspaper. Prior to final arguments, Waters came forward with testimony indicating that, on the night of the murder, she saw a man fitting the description of the appellant walking along Highway 19 in the opposite direction of the victim’s home. She also offered proffered testimony that she saw three unfamiliar men “congregated” near the victim’s house. The State argued that allowing such evidence would be in violation of the rule of sequestration. The Florida Supreme Court noted that “the trial judge erred in failing to exercise his discretion to determine whether exclusion was warranted under the circumstances, and, instead, applied the sequestration rule as a strict rule of law.” The Florida Supreme Court, however, found this error to be harmless given that the admittance of such evidence would have not changed the verdict. Wright also argued that trial court erred in allowing evidence of a prior crime and in its application of the “avoid arrest” aggravating factor. Additionally, Wright contended that the consideration and application of the cold, calculated and premeditated (CCP) aggravating factor was an error. The Florida Supreme Court agreed that the CCP factor was not proven beyond a reasonable doubt. In light of the other aggravating factors and the limited mitigating circumstances, however, the Florida Supreme Court affirmed the convictions and sentence of death on 07/03/85.

    Wright next filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 01/21/86.

    Wright then filed a 3.850 Motion in the State Circuit Court. That motion was denied on 06/08/89, after which, Wright filed an appeal in the Florida Supreme Court. On 05/09/91, the Florida Supreme Court remanded the case to the State Circuit Court for an evidentiary hearing on Wright’s claim that his “public defender’s service as a special deputy sheriff affected his ability to provide effective legal assistance.” Following an evidentiary hearing on the matter, the State Circuit Court again denied all relief. Wright filed an appeal of that decision in the Florida Supreme Court, which was affirmed on 07/03/03.

    On 12/31/01, Wright filed a Petition for Writ of Habeas Corpus, which was also denied on 07/03/03.

    On 01/08/04, Wright filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 03/29/04.

    Wright filed a 3.851 Motion in the State Circuit Court on 08/06/04. Wright raised two claims in his 3.851 Motion. His first claim was that affidavits submitted by two individuals are Brady material or are newly discovered evidence. The court found them to be neither. Wright’s second claim was a request for testing of certain biological evidence that was collected at the scene of the crime. The circuit court denied Wright’s second claim as well. The motion was denied on 03/23/06.

    Wright filed a 3.203 Motion Appeal in the Florida Supreme Court on 11/29/06. On 09/25/08, the Florida Supreme Court affirmed the Circuit Court’s denial of Wright’s 3.203 Motion. On 10/10/08, Wright filed a Motion for Rehearing in the Florida Supreme Court. This motion was denied on 11/20/08. On 12/08/08, the Florida Supreme Court issued a mandate in this case.

    On 02/06/09, Wright filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District. This petition was amended on 02/24/10. This petition is currently pending.

  3. #3
    Administrator Moh's Avatar
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    On March 19, 2013, Wright's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...099/223239/47/

    On April 24, 2013, Wright filed an appeal before the US Court of Appeals for the Eleventh Circuit.

    http://dockets.justia.com/docket/cir.../ca11/13-11832

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    On August 4, 2014, the Eleventh Circuit DENIED Wright's appeal.

    http://law.justia.com/cases/federal/...014-08-04.html

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    On October 17, 2014, the Eleventh Circuit DENIED Wright's petition for en banc rehearing.

    http://www.supremecourt.gov/search.a...es/14-9020.htm

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    In today's orders, the US Supreme Court DENIED Wright's certiorari petition.

    Lower Ct: United States Court of Appeals for the Eleventh Circuit
    Case Nos.: (13-11832)
    Decision Date: August 4, 2014
    Rehearing Denied: October 17, 2014

    http://www.supremecourt.gov/search.a...es/14-9020.htm

  7. #7
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    The Florida Supreme Court has affirmed the circuit court’s denial of post-conviction relief to Wright.

    https://law.justia.com/cases/florida...sc19-2123.html
    Thank you for the adventure - Axol

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    Moderator Bobsicles's Avatar
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    Petition for certiorari denied.

    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC19-2123)
    Decision Date: January 7, 2021
    Rehearing Denied: March 10, 2021

    https://www.supremecourt.gov/search....c/21-5356.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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