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Thread: Dennis Michael Sochor - Florida Death Row

  1. #1
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    Dennis Michael Sochor - Florida Death Row




    Facts of the Crime:

    Dennis Sochor was convicted and sentenced to death for the murder of Patricia Gifford. According to the testimony of Gary Sochor, Dennis Sochor’s brother, he and Dennis met Patricia Gifford, the victim, at a lounge on New Year’s Eve of 1981. When it was time to leave the lounge, Gary said that Dennis and Gifford were kissing while he waited in the truck. Gifford agreed to accompany Gary and Dennis to breakfast. Gary testified that Dennis drove to an isolated area with the victim sitting between the brothers in the truck. Dennis then stopped the vehicle.

    Gary claimed that Dennis assaulted Gifford while she screamed for help and that he tried to stop Dennis from assaulting the victim, but Dennis told him to get back in the truck. A short time later, Dennis came back to the truck, and they went home. The next morning, Gary found a woman’s shoe, sweater, and a set of keys in Dennis’ truck. He hid the keys. Later on, Gary noted that the truck had been cleaned and the shoe and sweater had been removed. Gary told Dennis about the keys and then gave the keys to Dennis because he demanded them.

    Gary returned to Michigan a few days later. A female friend of the victim, who had accompanied Gifford to the lounge, testified at trial. She testified that they went to the lounge for a New Year’s Eve celebration. The friend became sick during the night, and Gifford, with the help of the Sochor brothers, assisted the friend to her car. Gifford’s friend awoke the next morning, realized that Gifford was missing and called the police. The police acquired a photo from the previous evening that showed Gifford with an unknown man.

    The photo was displayed on television, and Dennis Sochor’s roommates testified that Sochor quickly left after seeing the photo of himself sitting near the victim at the bar on television. When the police learned that Gary Sochor had recently returned to Michigan, they interviewed him. Gary told the police that Dennis Sochor was responsible for Gifford’s disappearance. He also agreed to return to Florida to help find Gifford’s body. The police were never able to find Gifford’s body. Dennis Sochor was arrested in Georgia on unrelated charges and extradited to Florida.

    Three taped confessions made by Sochor while in police custody were played for the jury. Sochor said that he had met Gifford at the lounge on New Year’s Eve, and they spent the evening talking. In the parking lot, they kissed and Sochor wanted to have sex with Gifford. She, however, refused, and they fought. During the fight, Gifford hit him, and Sochor choked her. Sochor claimed that he thought he killed Gifford and drove to a secluded area to get rid of the body. Dennis said that Gary was not with him during this part of the evening. Dennis Sochor said that he threw away pieces of a woman’s clothing that he found in his truck. After seeing the photo of himself and the victim on television, he drove to Tampa in his employer’s truck and abandoned the truck there. Sochor then went to New Orleans and on to Atlanta. In 1986, Sochor was arrested in Georgia on unrelated criminal charges and then was extradited to Florida.

    Sochor was sentenced to death in Broward County on November 2, 1987.

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

    The Direct Appeal was pending for more than three years prior to being denied. The case was remanded to the Florida Supreme Court from the United States Supreme Court when the United States Supreme Court granted the Petition for Writ of Certiorari. The 3.850 Motion was pending for more than five years prior to being denied. The Petition for Writ of Habeas Corpus was pending for four years before it was denied.

    Case Information:

    Sochor filed his Direct Appeal in the Florida Supreme Court on 11/03/87. The issues addressed included that there was insufficient evidence for a conviction of first-degree murder and that the trial court improperly admitted Sochor’s taped statements about the crimes because the victim’s body was never recovered. Sochor further argued that the prosecution commented on facts not admitted as evidence, government witnesses were allowed to testify about Sochor’s character, and the state granted leniency to a fellow inmate for testifying against Sochor. The Florida Supreme Court did not find errors that warranted reversing the conviction or sentence and affirmed the conviction and sentence on 05/02/91. Rehearing was denied on 06/18/91. A mandate was issued on 07/18/91.

    On 09/16/91, Sochor filed a Petition for Writ of Certiorari in the United States Supreme Court. The Petition was granted. The Florida Supreme Court’s denial of Sochor’s Direct Appeal was vacated due to errors in the harmless error analysis, and the case was remanded to the Florida Supreme Court on 11/18/91.

    On remand, the Florida Supreme Court affirmed the conviction and sentence on 05/06/93. Rehearing was denied on 06/14/93. The mandate was issued on 07/14/93.

    On 07/25/95, Sochor filed a 3.850 Motion in the circuit court. The motion was denied on 03/28/01.

    Sochor filed a 3.850 Appeal in the Florida Supreme Court on 04/26/01. In the appeal, Sochor raised several arguments. His first argument was that error occurred in the lower court failing to grant a new penalty phase following the evidentiary hearing. Sochor argued that error occurred in the lower court denying a new guilt phase following the evidentiary hearing based on the following points: witness testimony was coerced, counsel was ineffective, Ake v. Oklahoma, and he was incompetent during the capital trial. Next, Sochor argued that error occurred in the lower court by its refusing to disqualify itself from the postconviction proceeding, denying several of his claims, and failing to object to unconstitutional jury instructions. Sochor’s final arguments were that he was innocent of first-degree murder, the rule prohibiting his lawyers from interviewing jurors was unconstitutional, and the Florida death penalty unconstitutionally permits cruel and unusual punishment. The FSC affirmed the denial of Sochor’s 3.850 Motion on 07/08/04.

    Sochor filed a Petition for Writ of Habeas Corpus on 08/13/02. Five claims were raised in the appeal. First, Sochor claimed the appellate counsel failed to raise numerous meritorious issues. Next, he claimed the FSC did not conduct a proper harmless error analysis on remand and that his Eighth and Fourteenth Amendment rights were violated by improper jury instruction. Sochor also claimed that he did not receive a proper direct appeal and that Florida’s capital sentencing statute violated the Sixth and Fourteenth Amendments. The FSC found Sochor’s claims to be without merit and denied his petition on 7/08/04.

    On 09/19/05, Sochor filed a Petition for Writ of Habeas Corpus in the United States District Court, Southern District. The petition was denied on 09/22/09. A Motion to Alter Judgment was filed on 10/05/09. This motion was denied on 09/22/10. A Certificate for Appealability was filed on 10/21/10.

    On 03/14/08, Sochor filed a 3.850 Motion in the Circuit Court. This motion was denied on 08/28/08.

    On 09/29/08, Sochor filed a Notice of Appeal in the Florida State Supreme Court. The Florida Supreme Court affirmed the denial of the 3.850 motion on 10/30/09.

    On 03/13/09, Sochor filed a 3.851 Motion in the Circuit Court. This motion was denied on 01/19/11.

    Sochor filed a Habeas Appeal in the United States Court of Appeals, 11th Circuit on 10/21/10. This case is currently pending.

    Sochor filed a 3.850 Appeal in the Florida Supreme Court on 02/25/11. This case is currently pending.

  3. #3
    Administrator Heidi's Avatar
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    Dennis Sochor v. Secretary Department of Corrections, et al

    Opinion Date: June 27, 2012

    Court: 11th Circuit Court of Appeals

    The issue on appeal before the Eleventh Circuit in this case concerned whether the Supreme Court of Florida unreasonably applied clearly established federal law when it explicitly refused to consider relevant mental health evidence in its collateral review of a sentence of death. Defendant Dennis Sochor, a serial rapist, was sentenced to death after he confessed to the murder and kidnapping of an eighteen-year-old woman. Defendant applied to the Eleventh Circuit for the writ of habeas corpus. He argued on appeal that the ruling of the Supreme Court of Florida that the failure of his trial counsel to present mitigating mental health evidence during the penalty phase of his trial did not prejudice him and was an unreasonable application of "Strickland v. Washington," (466 U.S. 668 (1984)). Although "Porter v. McCollum" ((Porter II),130 S. Ct. 447 (2009)) made clear that the Supreme Court of Florida unreasonably applied Strickland, the Eleventh Circuit's de novo review of the record established that there was no reasonable probability that the trial court would have imposed a sentence other than death had Defendant's trial counsel not been deficient. Further, the Court ruled that "Sochor fail[ed] to offer clear and convincing evidence that the contrary findings of the Supreme Court of Florida [were] unreasonable." Accordingly, the Court affirmed the denial of Defendant's petition for a writ of habeas corpus.
    An uninformed opponent is a dangerous opponent.

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

  4. #4
    Administrator Moh's Avatar
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    On August 23, 2012, the US Eleventh Circuit Court of Appeals denied Sochor's petition for rehearing en banc.

    http://www.supremecourt.gov/Search.a...es/12-8346.htm

  5. #5
    Administrator Heidi's Avatar
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    In today's United States Supreme Court orders, Sochor's petition for writ of certiorari was DENIED.

    Lower Ct: United States Court of Appeals for the Eleventh Circuit
    Case Nos.: (10-14944)
    Decision Date: June 27, 2012
    Rehearing Denied: August 23, 2012
    An uninformed opponent is a dangerous opponent.

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

  6. #6
    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

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