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Thread: William Frances Silvia, Jr. - Florida Death Row

  1. #1
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    William Frances Silvia, Jr. - Florida Death Row




    Facts of the Crime:

    William Silvia bought a shotgun, then six hours later used it to kill his estranged wife. Silvia opened fire on September 22, 2006, at the home of Patricia Silvia, 39, who lived near Casselberry. Her mother, Betty Woodard, was wounded in the head. Circuit Judge Donna McIntosh also sentenced Silvia to life for attempted murder -- the wounding of his mother-in-law. A jury in July 2008 voted 11-1 in favor of the death penalty. McIntosh said that although Silvia was seriously mentally ill -- he suffered from paranoia and a form of schizophrenia and was an alcoholic -- he should be put to death.

    Silvia was sentenced to death in Seminole County on January 28, 2009.

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    January 30, 2009

    SANFORD - A judge Wednesday sentenced to death a 43-year-old homeless man who bought a shotgun, then six hours later used it to kill his estranged wife. William Silvia Jr. opened fire Sept. 22, 2006, at the home of Patricia Silvia, 39, who lived near Casselberry. Her mother, Betty Woodard, was wounded in the head. Circuit Judge Donna McIntosh also sentenced Silvia to life for attempted murder -- the wounding of his mother-in-law. A jury in July voted 11-1 in favor of the death penalty. McIntosh said that although Silvia was seriously mentally ill -- he suffered from paranoia and a form of schizophrenia and was an alcoholic -- he should be put to death.

    http://www.orlandosentinel.com/news/...tory?track=rss

  3. #3
    Administrator Heidi's Avatar
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    Today the Florida Supreme Court AFFIRMED Silvia's conviction and death sentence.

    Opinion here

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    Senior Member CnCP Legend Mike's Avatar
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    Today the Florida Supreme Court denied Silvia's Hurst claim because he waived his counsel after he was convicted.

    http://www.floridasupremecourt.org/d...8/sc17-337.pdf

    Here is why they denied him.

    This Court has noted, however, that defendants who waived their Sixth Amendment right to a jury are precluded from benefitting from Hurst. E.g., Mullens, 197 So. 3d at 38-40. Because the defendant in Mullens waived the rights to which Hurst applied, we correctly concluded that the defendant waived his entitlement to Hurst relief.

    For the reasons fully explained above, we conclude that Silvia’s valid postconviction waiver, which included his understanding that “he was losing permanently his right to take advantage of any changes that may occur in the law,” Silvia, 2013 WL 5035694, at *2, precludes him from claiming a right to the benefit of Hurst. Accordingly, we reverse the postconviction court’s order granting Silvia a new penalty phase and reinstate his death sentence.
    Last edited by Mike; 02-01-2018 at 12:24 PM.

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