Michael Ray Lambrix - FL - 2/11/16 - Stayed

Started by Jeff1857, April 15, 2010, 06:26:11 PM

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Jeff1857

The FL Supremes Denied Post Conviction Relief for Lambrix in today's Orders/Opinions.

Facts of the Crime:

On the evening of 02/05/83, Cary Michael Lambrix and his roommate, Frances Smith, met Clarence Moore (AKA: Lawrence Lamberson) and Aleisha Bryant at a tavern and then took them back to their trailer to eat.  Lambrix first took Moore outside. Twenty minutes later he asked for Bryant to come outside.  After 45 minutes, Lambrix returned to the trailer alone with a bloody shirt and tire iron in his hand.  He informed Smith that he had killed both Moore and Bryant.  He killed Moore by hitting him in the head and killed Bryant by strangulation. Smith then helped Lambrix clean up, bury the bodies and throw the bloody shirt and tire iron in to a nearby stream. On 02/08/83, Smith was arrested on an unrelated charge.  On 02/10/83, he informed the police about the two buried bodies.  The police investigation led to the discovery of the bodies, Lambrix's bloody shirt and the tire iron.  The medical examination of the bodies confirmed Lambrix's
statements regarding the incident.  Sentenced to Death 3/22/84

Opinion is here:

http://www.floridasupremecourt.org/decisions/2010/sc08-64.pdf

Jeff1857

Some More Details on the court/appellate summary for Lambrix in all these 27 yrs:

Trial Summary:



03/29/83          Indicted as follows:

                                    Count I:           First-Degree Murder (Bryant)

                                    Count II:         First-Degree Murder (Moore)

02/27/84          Jury returned guilty verdicts on all counts of the indictment

02/29/84          Jury recommended death by a vote of 10-2 (Bryant) and 8-4 (Moore)

03/22/84          Sentenced as follows:

                                    Count I:           First-Degree Murder (Bryant) - Death

                                    Count II:         First-Degree Murder (Moore) - Death



Appeal Summary:



Florida Supreme Court - Direct Appeal

FSC# 65,203

494 So. 2d 1143



04/18/84          Appeal filed

09/25/86          FSC affirmed the convictions and sentences

10/30/86          Mandate issued



Florida Supreme Court - Petition for Writ of Habeas Corpus

USSC# 71,287

592 So. 2d 1110



10/02/87          Petition filed

08/18/88          Petition denied



State Circuit Court - 3.850 Motion

CC# 83-12CF



10/27/88          Motion filed

11/18/88          Motion denied



Florida Supreme Court - 3.850 Appeal

FSC# 73,348

534 So 2d 1151



11/21/88          Appeal filed

11/30/88          FSC affirmed the denial of 3.850 Motion



State Circuit Court -Petition for Writ of Habeas Corpus

CC# 83-12CF



12/01/88          Petition filed

06/26/89          Petition denied



Florida Supreme Court - Habeas Appeal

FSC# 74,452

559 So 2d 1137



07/24/89          Petition filed

04/26/90          Petition denied

05/29/90          Mandate issued



United States District Court, Southern District - Petition for Writ of Habeas Corpus

USDC# 88-12107

494 So 2d 1143



12/01/88          Petition filed

05/12/92          Petition denied



United States Court of Appeals, 11th Circuit - Habeas Appeal

USCA# 92-4539

72 F.3d 1500



06/17/92          Appeal filed

01/03/96          USCA affirmed the denial of Petition for Writ of Habeas Corpus

02/07/96          Rehearing denied



Florida Supreme Court - Petition for Writ of Habeas Corpus

FSC# 81,491

641 So 2d 847



06/16/93          Petition filed

06/16/94          Petition denied

09/08/94          Rehearing denied



State Circuit Court - 3.850 Motion

CC# 83-12CF



10/07/94          Motion filed

03/23/95          Motion denied



Florida Supreme Court - 3.850 Appeal

FSC# 86,119

698 So 2d 247



07/21/95          Petition filed

09/12/96          Petition denied

08/18/97          Rehearing denied

09/17/97          Mandate issued



United States Supreme Court - Petition for Writ of Certiorari

USSC# 96-5658

520 U.S. 518



08/16/96          Petition filed

05/12/97          Petition affirmed the decision of the 11th Circuit Court of Appeals

06/11/97          Mandate issued



United States Supreme Court - Petition for Writ of Certiorari

USSC #97-7000

522 U.S. 1122



11/17/97          Petition filed

02/23/98          Petition denied



State Circuit Court - 3.850 Motion

CC# 83-12CF



01/20/98          Motion filed

01/20/01          Amended motion filed

10/01/01          Second amended motion filed

11/09/07          Motion denied



United States Supreme Court - Petition for Writ of Certiorari

USSC# 06-9634

127 S.Ct. 2108



01/17/07          Petition filed

04/23/07          Petition denied



Florida Supreme Court - 3.850 Appeal

FSC# 08-64



01/16/08          Appeal filed

04/15/10          FSC affirmed denial of 3.850 Motion





Warrants:



09/27/88          Death Warrant signed by Governor Bob Martinez, setting execution for 11/30/88

11/29/88          Stay granted by Florida Supreme Court

12/02/88          Stay granted by United States District Court

05/12/92          Stay lifted





Clemency Hearing:



12/03/87          Denied





Factors Contributing to the Delay in Imposition of Sentence:



It took four years for the United States District Court, Southern District to render a decision for a Writ of Habeas Corpus.  It also took the United States Court of Appeals, 11th Circuit four years to decide on Lambrix's Habeas appeal.



Case Information:



On 04/18/84, Lambrix filed a Direct Appeal to the Florida Supreme Court.  He contended that errors occurred during the guilt phase of his trial.  The errors that occurred were the lack of a representative jury due to the exclusion of members opposed to the death penalty and restricted cross-examination of an investigator.  The Court affirmed Lambrix's convictions and sentence on 09/25/86.



A Petition for Writ of Certiorari was filed on 10/02/87 to the United States Supreme Court. It was denied on 08/18/88. 



Lambrix filed a 3.850 Motion to the Circuit Court on 10/27/88, which was denied on 11/18/88.



On 11/21/88, a 3.850 Appeal was filed to the Florida Supreme Court.  On 11/30/88, the Court affirmed the denial of Lambrix's motion.



On 12/01/88, a Petition for Writ of Habeas was filed to the Circuit Court.  It was denied on 06/26/89.



On 07/04/89, Lambrix filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.  The petition was denied on 04/26/90.  A mandate was issued on 05/29/90.



A Petition for Writ of Habeas Corpus was filed to the United States District Court, Middle District on 12/01/88.  It was denied on 05/12/92.



A Habeas Appeal was filed to the United States Court of Appeals, 11th Circuit on 06/17/92.  On 01/03/96, the United States Court of Appeals affirmed the denial of Lambrix's Petition for Writ of Habeas Corpus.



A Petition for Writ of Habeas Corpus was filed to the Florida Supreme Court on 06/16/93.  The petition was denied on 06/16/94.  Lambrix raised the issue of Espinosa, which was procedurally barred since it was not presented in his direct appeal.  Lambrix argued ineffective counsel, which was also barred due to the fact that it had previously been considered and rejected in another Habeas petition.



Lambrix filed a 3.850 Motion to the Circuit Court on 10/07/94, which was denied on 03/23/95.



On 07/21/95, a 3.850 appeal was filed to the Florida Supreme Court.  The petition was denied on 09/12/96. Lambrix contended that he should have been allowed to represent himself in trial.  This argument was dismissed on the basis that he waited six years to present the issue, which is past the two-year limit stated in the 3.850 rule.  Lambrix also argued ineffective counsel, which was also barred.



A Petition for Writ of Certiorari was filed to the United States Supreme Court on 08/16/96.  The petition was granted on 11/01/96.



A Petition for Writ of Certiorari was filed to the United States Supreme Court on 12/06/96. The petition was affirmed on 05/12/97. A mandate was issued on 06/11/97.



On 11/17/97, a Petition for Writ of Certiorari was filed to the United States Supreme Court.  It was denied on 02/23/98.



On 01/20/98, Lambrix filed a 3.850 Motion to the Circuit Court, which was amended on 01/20/01.  The second amended motion was filed in the Circuit Court on 10/01/01.  The motion was denied on 11/09/07.



On 01/17/07, Lambrix filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 04/23/07.



Lambrix filed a 3.850 Appeal in the Florida Supreme Court on 01/16/08.  The Florida Supreme Court affirmed the denial of the 3.850 Motion on 04/15/10.



Institutional Adjustment:



DATE              DAYS           VIOLATION                                      LOCATION       

--------            ----               ----------------------------                   -------------------

02/11/86          30                 UNARMED ASSAULT                       FLORIDA STATE PRISON

01/22/88          30                 POSS OF ESCAPE PARA.                  FLORIDA STATE PRISON

06/14/88          30                 DISOBEY REGULATIONS                 FLORIDA STATE PRISON

07/10/88          30                 POSS OF NARCOTICS                       FLORIDA STATE PRISON

09/19/88          30                 FIGHTING                                         FLORIDA STATE PRISON

09/26/88          20                 DISOBEYING ORDER                       FLORIDA STATE PRISON

09/11/89          15                 DISOBEYING ORDER                       FLORIDA STATE PRISON

01/20/90          30                 LYING TO STAFF                             FLORIDA STATE PRISON

03/27/91          60                 LYING TO STAFF                             FLORIDA STATE PRISON

05/27/94          0                   DISRESP.TO OFFICIALS                  UNION C. I.         

06/23/94          0                   DISORDERLY CONDUCT                UNION C. I.         

03/19/98          0                   POSS OF WEAPONS                            FLORIDA STATE PRISON

05/18/99          0                   DISRESP.TO OFFICIALS                 FLORIDA STATE PRISON

05/20/99          60                 DISOBEYING ORDER                      FLORIDA STATE PRISON

07/18/99          30                 POSS OF CONTRABAND                 FLORIDA STATE PRISON

________________________________________________________________________



Report Date:     10/07/04          DDK

Approved:        10/07/04          JFL

Updated:          04/15/10          EMJ


http://www.floridacapitalcases.state.fl.us/case_updates/Htm/482053.htm

Anne

http://www.news-press.com/article/20100416/CRIME/4160399/1075/Death-row-resident-s-appeal-is-denied-by-state-high-court

Death row resident's appeal is denied by state high court
Claimed testimony in 1984 trial tainted

BY PAT GILLESPIE pgillespie@news-press.com April 16, 2010

1:10 A.M. -- A convicted murderer on death row won't get a new trial despite claims a witness and state attorney investigator had a sexual relationship, a witness recanted testimony and those handling his case are biased against him.

Cary Michael Lambrix, 50, asked for a new trial and raised other concerns, but Florida Supreme Court justices Thursday denied his claims in a 27-page opinion. Lambrix was convicted in 1984 of killing 19-year-old Alisha Bryant and 35-year-old Lawrence Lamberson in Glades County after luring them to his trailer.

Lambrix's hopes for a new trial rested partially on testimony from his girlfriend at the time of the murders, Frances Ottinger, who said she had a one-time sexual encounter with former state attorney's office investigator Robert Daniels during one of Lambrix's trials in 1983 or 1984. Daniels denied the sexual encounter and Ottinger, now Frances Smith, testified at a hearing in recent years she couldn't say when and where the encounter happened. The Supreme Court, as well as a lower court, found the encounter never happened.

Witness Deborah Hanzel testified in both of Lambrix's trials about what the defendant said after the murders. During post-conviction proceedings in 1998, Hanzel testified Lambrix never admitted to killing Bryant and Lamberson. But justices said Hanzel's testimony probably wouldn't have changed the outcome of his trial and denied his claim on that point.

They also denied claims the trial court didn't allow him a full and fair hearing, that there was judicial bias during retrial proceedings and that Lambrix should get a new trial.

His attorney, Williams Dennis of Fort Lauderdale, was unavailable for comment.

State Attorney Steve Russell said that, although Lambrix will be able to bring his case to the federal courts, he hopes closure is soon.

"I think capital litigation is frustrating to victims' families and prosecutors alike," he said. "While I believe in a thorough right to appeal, 25-plus years in reviewing a case, in my mind, is normally excessive."









Anne

Grinning Grim Reaper

Florida Gov. Rick Scott orders execution for Glades County man convicted of double murder


By Michael Auslen

Herald/Times Tallahassee Bureau

TALLAHASSEE  -- Gov. Rick Scott on Monday ordered the execution of a man convicted in two 1983 killings.

Michael Ray Lambrix, 55, is scheduled to be executed by lethal injection at 6 p.m. Feb. 11, 2016, at the Florida State Prison near Starke. His is the second execution already planned in the new year, even as the U.S. Supreme Court considers a challenge to Florida's death penalty laws.

Lambrix was convicted in Glades County for murdering Aleisha Bryant and Clarence Moore Jr., according to state records. Lambrix and his girlfriend invited them to their trailer. He then beat Moore to death with a tire iron and strangled Bryant after kicking her in the head.

Lambrix's execution and the planned January execution of Oscar Ray Bolin come as the state's death penalty is being reviewed by the U.S. Supreme Court.

The court has heard arguments and will rule next year on Hurst vs. Florida, which challenges the system by which death sentences are handed down in Florida. This is the only state that allows a simple majority of jurors to recommend the death penalty.

Lambrix's is one such case.

The jury recommended he be executed for Bryant's murder by a 10-2 vote and for the death of Moore by an 8-4 vote.

Read more here: http://www.miamiherald.com/news/state/florida/article47222185.html#storylink=cpy
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

time2prtee

Uses two names Michael Ray and Cary Michael.

Here is his blog spot.

http://deathrowjournals.blogspot.com/
"Indeed, the decision that capital punishment may be the appropriate sanction in extreme cases is an expression of the community's belief that certain crimes are themselves so grievous an affront to humanity that the only adequate response may be the penalty of death."  SCOTUS

Peace and Comfort to all Victims and Families

Grinning Grim Reaper

Florida Asks Court to Deny Inmate's Execution-Delay Request


By Jason Dearen Jan 14, 2016, 1:09 PM ET

GAINESVILLE, Fla. -- Florida asked the state's high court on Thursday to reject a condemned inmate's request to delay his execution based on the U.S. Supreme Court's finding that its procedure for imposing the death penalty is illegal.

Florida Attorney General Pam Bondi's office said the U.S. Supreme Court's finding should not be applied retroactively to already-settled death penalty cases.

Ruling on the Hurst v. Florida case Tuesday, the nation's highest court ruled 8-1 that Florida's procedure is flawed because it allows judges, not juries, to decide death sentences.

Michael Lambrix is scheduled to be executed by lethal injection on Feb. 11, and there are questions about how the Supreme Court's ruling will affect his case and those of Florida's 390 death row inmates. Lambrix was sentenced to death for the 1983 slayings of two people he met at a bar. Prosecutors said he killed them after inviting them home for a spaghetti dinner.

Attorneys for Lambrix cited the ruling in their request for a new sentencing hearing.

"The potential retroactivity of Hurst to Mr. Lambrix's case and potentially to many, many other cases is an issue that demands an oral argument before this Court," Lambrix's attorney William Hennis wrote.

In its reply, Bondi's office cited a previous U.S. Supreme Court ruling on a similar Arizona case to bolster its argument that the court's decisions cannot be applied retroactively to condemned inmates who have already exhausted their appeals.

"Lambrix's request for a stay should be denied," Bondi's office wrote. "It is time for Lambrix's sentence for these brutal murders to be carried out."

It wasn't clear when the court would rule.

www.abcnews.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Florida Supreme Court refuses to halt next scheduled execution


TALLAHASSEE -- The Florida Supreme Court on Friday refused to delay the scheduled Feb. 11 execution of condemned killer Cary Michael Lambrix on a 6-0 decision, with Justice Peggy Quince recused.

Lambrix, 55, had sought a stay of execution in light of Tuesday's U.S. Supreme Court decision in the case of Timothy Lee Hurst which struck down Florida's death penalty sentencing system as unconstitutional. Attorney General Pam Bondi, on behalf of the state, argued that Lambrix should die as scheduled.

The state's highest court has scheduled oral arguments for 9 a.m. Feb. 2 on the question of whether the Hurst decision applies retroactively to the Lambrix case. State lawyers argued Friday that if the case were applied retroactively, it would have a "severe and unsettling impact" on Florida's justice system.

As lawyers for the state noted, the Hurst decision was based on an earlier case, Ring vs. Arizona, and the state Supreme Court has previously ruled that Ring cannot be applied retroactively in Florida.

"Because the United States Supreme Court expressly found that Ring was not retroactive, Hurst, which applied Ring to invalidate Florida's statute, is also not retroactive," the state's petition said. "This Court specifically noted the severe and unsettling impact that retroactive application would have on our justice system."

Florida has 390 inmates on death row. Lambrix has been on death row since 1984 after he was convicted for the murders of a man and woman in Glades County in 1983.

www.tampabay.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Londoner77

#7
February 02, 2016, 11:18:43 PM Last Edit: February 02, 2016, 11:38:33 PM by Londoner77
Stay granted by Florida Supreme Court

TALLAHASSEE
The Florida Supreme Court on Tuesday blocked the scheduled execution of a death row inmate, a decision that adds new uncertainty to capital punishment in Florida.

Six justices agreed to stay the execution of Cary Michael Lambrix "pending further order of this court."

Lambrix, 55, was sentenced to die in 1984 after he was convicted of killing a man and a woman who had visited him at his trailer in Glades County. He has been on death row for more than 31 years.

Gov. Rick Scott signed Lambrix's death warrant in November. He was scheduled to die by lethal injection at Florida State Prison in Starke on Feb. 11.

The state's high court last month denied Lambrix's motion for a stay of execution. But justices agreed to hear oral arguments after the U.S. Supreme Court ruled Jan. 12 that Florida's death penalty sentencing system is unconstitutional because it limits the jury's role, a violation of the Sixth Amendment.


Lambrix has denied committing the two first-degree murders. He said he killed Clarence Moore in self-defense after Moore assaulted the other victim, Aleisha Bryant.

In court documents, Lambrix's lawyers raise a series of arguments that his rights were violated, including not being able to conduct DNA tests on the victims' clothing and on a tire iron that the state says was the murder weapon.

Attorney General Pam Bondi argues that Lambrix has repeatedly used "dilatory" tactics to delay his execution and that he should die as scheduled.

Read more here: http://www.miamiherald.com/news/politics-government/state-politics/article57817378.html#storylink=cpy

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