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• Title: Hall v. State
• Author : Florida Supreme Court
• Release Date : January 01, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Freddie Lee Hall, a prisoner under sentence of death, appeals the trial court's order denying his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm the trial court's order for the reasons expressed herein. Hall and an accomplice, Mack Ruffin, were convicted in separate trials of the February 1978 abduction and murder of a young woman. The facts of this crime are set forth in detail in our opinion on direct appeal. See Hall v. State, 403 So. 2d 1321, 1323 (Fla. 1981). Both Hall and Ruffin were sentenced to die in the electric chair. This Court affirmed Hall's conviction and sentence. Hall, 403 So. 2d at 1325. In September 1982, Hall's first death warrant was signed. Hall filed a rule 3.850 motion, and this Court affirmed the circuit court's denial of that motion and denied Hall's petition for a writ of habeas corpus. Hall v. State, 420 So. 2d 872, 874 (Fla. 1982). A federal district court granted a temporary stay of execution but eventually denied relief. Hall v. Wainwright, 565 F. Supp. 1222, 1244 (M.D. Fla. 1983). The Eleventh Circuit affirmed in part and reversed in part the district court's decision and remanded the case for an evidentiary hearing. Hall v. Wainwright, 733 F.2d 766, 778 (11th Cir. 1984). The district court again denied relief, and the Eleventh Circuit affirmed. Hall v. Wainwright, 805 F.2d 945, 948 (11th Cir. 1986). Hall then petitioned this Court for a writ of habeas corpus based on a claim that his sentencing proceeding violated Hitchcock v. Dugger, 481 U.S. 393 (1987). This Court held that any error in the sentencing proceeding was harmless. Hall v. Dugger, 531 So. 2d 76, 78 (Fla. 1988). Hall's second death warrant set execution for September 20, 1988. Hall filed his second rule 3.850 motion, which the circuit court denied. On appeal, this Court considered additional non-record facts and ordered that Hall be resentenced because of a Hitchcock error in sentencing. Hall v. State, 541 So.2d 1125, 1128 (Fla. 1989). On resentencing, the jury recommended a death sentence, and the Judge imposed it, finding seven aggravators and ""unquantifiable"" non-statutory mitigation. State v. Hall, No. 78-52-CF (Fla. 5th Cir. Ct., Feb. 21, 1991) (Findings of Fact for Sentencing Order). This Court affirmed. Hall v. State, 614 So. 2d 473 (Fla. 1993).

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