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Thread: Kenneth Allen Stewart - Florida Death Row

  1. #1
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    Kenneth Allen Stewart - Florida Death Row


    Mark Harris’ Grave


    Kenneth Allen Stewart


    Summary of Offense:

    On October 3, 1986, Kenneth Allen Stewart was sentenced to death for the first-degree murder of Mark Harris, 15 years for the attempted first-degree murder of Michele Acosta, 27 years for armed robbery, and 15 years for arson. On the evening of April 14, 1985, Stewart was hitchhiking and was picked up by Michele Acosta, who was driving with Mark Harris. Stewart climbed into the back seat and requested a location to be dropped off. When Acosta stopped at the desired location, Stewart struck Acosta on the head with the end of his gun and fired three gunshots. Acosta suffered a gunshot wound to the shoulder and Harris suffered a gunshot wound to the spine.

    Stewart forced Acosta and Harris out of the car and drove to pick up his friend, Terry Smith. The two men removed items found in the trunk of the car, and Stewart set the car on fire after telling Smith that the car belonged to a woman and man whom he shot.

    Some time later, Stewart was arrested and immediately charged. Stewart allowed officers to search his apartment, which yielded items he and Smith had taken from Acosta’s car. Investigators presented photographs of potential suspects to Acosta and Harris. Acosta, who had recovered from her injuries, identified Stewart as the attacker. Harris, who was dying from his injury, also identified Stewart as his attacker, and died shortly afterward.

    During trial, Acosta testified as a surviving victim. Smith served as a secondary witness and testified that Stewart admitted to the shootings and provided details of the offense.

    Stewart was sentenced to death in Hillsborough County on October 3, 1986.

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    The Florida Supreme Court denied an appeal to vacate Stewart's sentence in their May 27, 2010 orders/opinions.

    Note: This appeal is for the death sentenced imposed for the murder of Diaz and not for the death sentence of Harris. Case summary is contained in the opinion.

    Opinion is here:

    http://www.floridasupremecourt.org/d.../sc08-2075.pdf

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    Administrator Heidi's Avatar
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    Factors Contributing to the Delay in Imposition of Sentence:

    During Stewart’s direct appeal, the Florida Supreme Court affirmed the conviction of second-degree arson and sentence of 15 years. The Court reversed the death sentence and mandated a new sentencing proceeding because the trial judge failed to determine the sentence with advice and guidance provided by the jury. The Court took three years to get to this conclusion. Stewart was resentenced to death by the Court on 05/13/93.

    Stewart was resentenced to death twice in a ten-year time span by the Circuit Court.

    On 10/20/97, the CCRC filed a Motion for Continuance because Stewart was without designated CCRC counsel.

    Case Information:

    Stewart filed a direct appeal to the Florida Supreme Court on 03/20/87. There were numerous issues raised. First, Stewart claimed that the trial court deprived him of an effective defense. Second, he claimed that the trial court wrongly allowed a police investigator to testify as to what Stewart told Smith about the shootings. Third, Stewart claimed that the trial court erred by allowing into evidence testimony by victims of crimes for which he earlier had been convicted. Fourth, he claimed that the jury should not have been advised to consider the “cold, calculated, premeditated” factor since the judge made no mention of this factor when he was sentenced. Finally, Stewart claimed that ample evidence was presented to support that the crimes he committed, while under the influence of extreme mental or emotional disturbance, allowed him to appreciate the criminality of his conduct. On 03/15/90, the Court affirmed Stewart’s conviction of second-degree arson, but reversed the death sentence and remanded for resentencing because the trial court failed to instruct the jury on the impaired capacity mitigating factor.

    On 01/14/91, Stewart filed a direct appeal (Resentence I) to the Florida Supreme Court. The Court affirmed the death sentence on 05/13/93. Stewart filed for a motion for a rehearing on 05/27/93, which was denied on 06/23/93. A mandate was issued on 07/23/93.

    Stewart filed a Petition for Writ of Certiorari to the U.S. Supreme Court on 09/20/93, which was denied on 11/15/93.

    On 06/09/95, Stewart filed a 3.850 motion in the State Circuit Court. The motion was amended on 11/15/95 and again on 02/18/99. The state agreed to a new penalty phase on 05/14/00.

    On 09/10/01, Stewart filed another direct appeal (Resentence II) to the Florida Supreme Court, which was affirmed on 09/11/03.

    On 07/25/05, Stewart filed a 3.851 Motion in the Circuit Court and amended the motion on 02/06/06. Evidentiary Hearings were held on 05/24/06 and 11/28/06. The motion was denied on 10/08/08.

    On 11/06/08, Stewart filed a 3.851 Appeal in the Florida Supreme Court. The Florida Supreme Court affirmed the denial of the 3.851 Motion on 05/27/10. A mandate was issued on 06/25/10.

    On 03/27/09, Stewart filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. This petition was denied on 05/27/10.

    Stewart filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District on 01/06/11. This petition is currently pending.

  4. #4
    Administrator Moh's Avatar
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    On March 8, 2012, the US Court of Appeals for the Eleventh Circuit denied Stewart's appeal of his habeas petition denial in Federal District Court.

    On October 1, 2012, the US Supreme Court denied Stewart a writ of certiorari.

    http://www.supremecourt.gov/Search.a...es/12-5608.htm

  5. #5
    Administrator Moh's Avatar
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    On March 24, 2014, Stewart filed an appeal before the US Court of Appeals for the Eleventh Circuit.

    http://dockets.justia.com/docket/cir.../ca11/14-11238

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    Administrator Moh's Avatar
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    On June 10, 2015, Stewart filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/fl...cv01376/311541

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    On October 19, 2015, oral argument will be heard in Stewart's appeal before the US Court of Appeals for the Eleventh Circuit.

    http://www.ca11.uscourts.gov/sites/d...t%20public.pdf

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    Administrator Moh's Avatar
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    On December 22, 2015, the Eleventh Circuit REMANDED Stewart's case to Federal District Court "for appointment of conflict-free counsel to address all the equitable tolling issues in this case".

    http://law.justia.com/cases/federal/...015-12-22.html

  9. #9
    Administrator Aaron's Avatar
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    Another Duval County death row inmate loses appeal

    TALLAHASSEE, Fla. - After issuing another batch of 10 rulings Friday, the Florida Supreme Court this week rejected a total of 40 death-penalty appeals on similar legal grounds.

    The 40 appeals all were filed on behalf of Death Row inmates who received their sentences before June 2002, though the Supreme Court’s decision to release four large batches of rulings in a week was highly unusual.

    The appeals stemmed from a 2016 U.S. Supreme Court ruling in a case known as Hurst v. Florida and a subsequent Florida Supreme Court decision.

    The 2016 U.S. Supreme Court ruling found Florida's death-penalty sentencing system was unconstitutional because it gave too much authority to judges, instead of juries.

    The subsequent Florida Supreme Court ruling said juries must unanimously agree on critical findings before judges can impose death sentences and must unanimously recommend the death penalty.

    But the Florida Supreme Court made the new sentencing requirements apply to cases since June 2002.

    That is when the U.S. Supreme Court issued a ruling known as Ring v. Arizona that was a premise for striking down Florida's death-penalty sentencing system in 2016. In each of the cases this week, the Death Row inmates had been sentenced to death before the Ring decision and argued that the new unanimity requirements should also apply to their cases.

    The inmates who lost their appeals Friday were Richard Harold Anderson in a Hillsborough County case; Charles William Finney in a Hillsborough County case; Kenneth Hartley in a Duval County case; Sonny Ray Jeffries in an Orange County case; William H. Kelley in a Highlands County case; Ian Deco Lightbourne in a Marion County case; Robert D. Morris in a Polk County case; Kenneth Allen Stewart in a Hillsborough County case; George James Trepal in a Polk County case; and Melvin Trotter in a Manatee County case.

    https://www.news4jax.com/news/florid...e-loses-appeal
    Don't ask questions, just consume product and then get excited for next products.

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  10. #10
    Senior Member CnCP Legend JLR's Avatar
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    Stewart's second death sentence for the murder of Ruben Diaz has been reduced to life after a Hurst reversal.

    He is still under a death sentence for Mark Harris's murder.

    http://www.dc.state.fl.us/offenderSe...&TypeSearch=AI

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