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Thread: Chadwick Scott Willacy - Florida Death Row

  1. #1
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    Chadwick Scott Willacy - Florida Death Row




    Summary of Offense:

    On the afternoon of September 5, 1990, Marlys Sather returned home from work on her lunch break and discovered her neighbor, Chadwick Willacy, burglarizing her home. When Willacy noticed that Sather was in the house, he struck her over the head several times with a blunt object hard enough to fracture and dislodge part of her skull. Willacy bound her hands and ankles with wire and duct tape. He then wrapped a telephone cord tightly around her neck in an effort to strangle her. When this failed to work, Willacy doused Sather with gasoline and set her on fire. Medical examiner’s reports indicate that Sather died from smoke inhalation. Sather’s son-in-law discovered her body when he went over to her house following a call from her employer notifying the family that Sather never returned from her lunch break.

    Willacy was resentenced to death in Brevard County on November 20, 1995.

  2. #2
    Administrator Heidi's Avatar
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    Case Information:

    Factors Contributing to the Delay in the Imposition of the Sentence:

    On 05/11/98, Willacy filed a 3.850 Motion in the State Circuit Court that was pending for over five years.

    On 01/13/92, Willacy filed a Direct Appeal in the Florida Supreme Court. In the appeal, he argued that the trial court erred in denying defense counsel’s request to rehabilitate a State-stricken juror after she indicated that she could not recommend the death penalty. The Florida Supreme Court noted that the trial court properly sustained the State’s challenge for cause, but erred in failing to allow the defense an opportunity to rehabilitate the juror. Willacy also claimed that a Neil violation1 occurred when the only African-American on the panel was peremptory challenged by the State. The Florida Supreme Court found no error in the challenge. Willacy also argued that his Miranda rights were violated when a detective initiated a conversation with him without his lawyer present, in which he subsequently implicated himself in the murder. The trial court ruled that Willacy’s statement was made voluntarily and could be used to impeach his testimony if he took the stand. The Florida Supreme Court agreed. Based on the error that occurred during voir dire, the Florida Supreme Court affirmed Willacy’s convictions, but reversed his death sentence and remanded for a new penalty phase proceeding.

    On 11/20/95, Willacy was sentenced to death again. He then filed a Direct Appeal in the Florida Supreme Court on 02/12/95. In the appeal, he argued the trial court erred in denying his motion to have Judge Yawn disqualified from his case. He claimed that Yawn was biased toward the death penalty since he presided over Willacy’s original trial. Willacy claimed that the trial court erred in allowing the State to present additional testimony, photos and a videotape of the victim’s burned body. Willacy also argued the consideration and application of aggravating circumstances. The Florida Supreme Court found no error and affirmed Willacy’s death sentence on 04/24/97.

    Willacy filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 11/10/97.

    Next, Willacy filed a 3.850 Motion to the State Circuit Court on 05/11/98. The motion was amended on 03/18/02 and denied on 11/19/04.

    On 01/31/05, Willacy filed a 3.850 Motion Appeal in the Florida Supreme Court. On 06/28/07, the FSC affirmed the denial of the motion. On 07/13/07, Willacy filed a Motion for Rehearing, which was denied on 10/10/07. On 10/26/07, a mandate was issued in this case.

    On 11/03/05, Willacy filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. On 06/28/07, the FSC denied the petition. On 07/13/07, Willacy filed a Motion for Rehearing, which was denied on 10/10/07. On 10/26/07, a mandate was issued in this case.

    On 01/07/08, Willacy filed a Petition for Writ of Certiorari in the United States Supreme Court. This petition was denied on 03/17/08.

    On 04/22/08, Willacy filed a Habeas Petition in the United States District Court, Middle District. On 05/19/10, Willacy filed an Amended Habeas Petition (pro se). On 06/23/10, the court issued an order striking Willacy’s Amended Pro Se Habeas Petition. On 10/28/10, Willacy filed a motion to stay proceedings, and the motion was granted in part and denied in part on 10/29/10. http://dockets.justia.com/docket/flo...cv00619/212972

    On 11/01/10, Willacy filed a 3.851 Motion in the State Circuit Court. On 11/24/10, the court granted the motion. The State filed a motion for rehearing on 12/02/10, and the hearing was held on 12/09/10. On 12/13/10, the State Circuit Court denied the 3.851 Motion.

    On 01/14/11, Willacy filed a 3.851 appeal in the Florida Supreme Court.

  3. #3
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    In today's United States Supreme Court orders, Willacy's petition for writ of certiorari was DENIED.

    Lower Ct: Supreme Court of Florida
    Case Nos.: (SC11-99)
    Decision Date: April 26, 2012
    Rehearing Denied: June 7, 2012

    http://www.supremecourt.gov/Search.a...es/12-7494.htm

  4. #4
    Administrator Moh's Avatar
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    On July 18, 2014, Willacy's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...0619/212972/84

    On August 19, 2014, Willacy filed an appeal before the US Court of Appeals for the Eleventh Circuit.

    http://dockets.justia.com/docket/cir.../ca11/14-13797

  5. #5
    Administrator Moh's Avatar
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    On March 2, 2016, oral argument will be held in Willacy's appeal before the Eleventh Circuit.

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

  6. #6
    Administrator Aaron's Avatar
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    In today's opinions, the 11th Circuit AFFIRMED the District Court's denial of Willacy's habeas petition.

    http://law.justia.com/cases/federal/...017-03-30.html
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  7. #7
    Administrator Moh's Avatar
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    On September 19, 2017, the Eleventh Circuit DENIED Willacy's petition for en banc rehearing.

    https://www.supremecourt.gov/DocketP...0Rehearing.pdf

  8. #8
    Senior Member CnCP Legend Mike's Avatar
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    Justices reject another batch of death penalty appeals

    By News Service of Florida

    TALLAHASSEE, Fla. - For the second day in a row, the Florida Supreme Court on Tuesday turned down appeals by 10 inmates who have been on Death Row since at least 2002.

    The release of 20 death-penalty rulings over two days is highly unusual, with every rejection stemming from legal issues about jury unanimity.

    The appeals were rooted in 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 Monday, the Death Row inmates had been sentenced to death before the Ring decision and argued that the new sentencing requirements should also apply to their cases.

    One of the rulings Tuesday dealt with the Charlotte County case of James D. Ford, whose two death sentences became final on May 28, 2002, less than a month before the June 24, 2002, Ring decision, according to the Florida Supreme Court ruling.

    The other inmates who lost their appeals Tuesday were Jeffrey Lee Atwater in a Pinellas County case; Curtis W. Beasley in a Polk County case; Daniel Burns Jr. in a Manatee County case; Ronald Wayne Clark Jr. in a Duval County case; Loran Cole in a Marion County case; Carl Puiatti in a Pasco County case; Richard Wallace Rhodes in a Pinellas County case; Chadwick Willacy in a Brevard County case; and Curtis Windom in an Orange County case.

    https://www.news4jax.com/news/florid...enalty-appeals

  9. #9
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court declined to review Willacy's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Eleventh Circuit
    Case Numbers: (14-13797-P)
    Decision Date: July 12, 2017
    Rehearing Denied: September 19, 2017

    https://www.supremecourt.gov/search....c/17-7853.html

  10. #10
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court DENIED Willacy's certiorari petition.

    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC17-1605)
    Decision Date: January 23, 2018

    https://www.supremecourt.gov/search....c/17-9548.html

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