The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied on for statistical or legal purposes.
PARKER, Jr., Norman (B/M)
AKA: Nathen Parker or Shawn Vincent
DC# 019355
DOB: 09/29/44
Eleventh Judicial Circuit, Miami-Dade County Case# 78-11151-A
Sentencing Judge: The Honorable Fredricka G. Smith
Attorney, Trial & Direct Appeal: Benedict P. Kuehne – Private
Attorney, Collateral Appeals: Rachel L. Day, Billy H. Nolas (Private) & Julie D. Naylor – CCRC-S
Date of Offense: 07/18/78
Date of Sentence: 11/18/81
Circumstances of the Offense:
During an illegal drug transaction, the defendant, Norman Parker Jr., murdered Julio Chavez with a single gunshot.
On 07/18/78, Parker and codefendant Robbie Lee Manson were admitted into a Miami home to complete an illegal drug deal with two male occupants of the home. Soon thereafter, the defendants produced firearms and demanded cocaine and money from the two men. They were forced to surrender jewelry, strip naked and lie on a bed. Two other occupants, a female and her boyfriend, were discovered in another room and also were forced to strip naked and surrender jewelry. All four victims were then confined to the same room, on the same bed. Parker then searched the home for additional valuables while Manson stood guard over the four occupants. After a period of time, Parker aimed a revolver at Chavez’s back, whereupon Manson handed him a pillow. Parker then shot Chavez through the pillow. The other three victims heard the muffled shot and nothing further from Chavez. Parker then committed a sexual battery on the female. Both Parker and Manson then fled. They were later identified by the surviving victims from a photographic lineup.
Codefendant Information:
Robbie Lee Manson – Fugitive
A Department of Corrections post-sentence investigation found that Robbie Lee Manson was at large in 1981. No additional information is available.
Additional information:
Parker was previously sentenced to life in prison in 1967 for a first-degree murder also committed in Miami-Dade County. He escaped a few months prior to the July 1978 murder. He also was convicted of a second-degree murder he committed in Washington D.C. in August 1978.
Parker filed a 3.853 Motion (DNA testing) to the Circuit Court on 09/27/05; it is indigenous. Parker requested that the semen found on his clothing at the time of the murder be tested, despite the original police report which stated that no semen was on the clothing.
Trial Summary:
01/15/80 Indicted as follows:
Count I: First-Degree Murder (Julio Chavez)
Count II: Robbery
Count III: Robbery
Count IV: Robbery
Count V: Robbery
Count VI: Sexual Battery
Count VII: Unlawful Possession of a Firearm while engaging in criminal offense
Count VIII: Unlawful Possession of a Firearm by a convicted felon
09/18/81 Jury returned guilty verdicts on all counts of the indictment
Jury recommended death by a vote of 10-2
11/18/81 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Robbery – Life
Count III: Robbery – Life
Count IV: Robbery – Life
Count V: Robbery – Life
Count VI: Sexual Battery
Count VII: Unlawful Possession of a Firearm while engaging in criminal offense – Suspended
Count VIII: Unlawful Possession of a Firearm by a convicted felon – Life
Appeals Summary:
FSC# 61,512
456 So. 2d 436 (Fla. 1984)
12/21/81 Appeal filed
09/06/84 FSC affirmed the conviction and sentence
10/15/84 Mandate issued
CC# 78-11151-A
01/02/87 Motion filed
02/07/89 Motion denied
FSC# 72,466
537 So. 2d 969 (Fla. 1988)
05/23/88 Petition filed
12/01/88 Petition denied
12/30/88 Motion for rehearing filed
02/27/89 Rehearing denied
Florida Supreme Court – 3.850 Appeal
FSC# 73,935
611 So. 2d 1224 (Fla. 1992)
03/30/89 Appeal filed
10/15/92 FSC affirmed trial court’s denial of 3.850 Motion
11/30/92 Motion for rehearing filed
02/05/93 Rehearing denied
02/05/93 Mandate issued
CC# 78-11151-A
06/11/93 Motion filed
11/18/93 Motion denied
12/27/96 Rehearing denied
Florida Supreme Court – 3.850 Appeal
FSC# 89,936
718 So.2d 744 (Fla. 1998)
02/21/97 Appeal filed
05/28/98 FSC affirmed trial court’s denial of 3.850 Motion
06/29/98 Motion for rehearing filed
09/23/98 Rehearing denied
10/23/98 Mandate issued
United States District Court, Southern District – Petition for Habeas Corpus
USDC# 97-1191
04/23/97 Petition filed
05/14/02 Petition denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 98-8333
119 S.Ct 1580
02/26/99 Petition filed
05/03/99 Petition denied
United States Court of Appeals – Petition for Writ of Habeas Corpus
USCA# 02-13292
331 F.3d 764
06/10/02 Petition filed
05/20/03 Petition denied
08/26/03 Motion for rehearing denied
09/03/03 Mandate issued
State Circuit Court – 3.850 Motion
CC# 78-11151-A
09/04/02 Motion filed
11/25/03 Motion denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 03-8101
540 U.S. 1222
12/30/03 Petition filed
03/01/04 Petition denied
Florida Supreme Court – 3.850 Appeal
FSC# 04-52
908 So.2d 1058
01/12/04 Appeal filed
07/27/05 FSC affirmed trial court’s denial of 3.850 Motion
11/03/05 Rehearing denied
State Circuit Court – 3.853 Motion (DNA testing)
CC# 78-11151-A
09/27/05 Motion filed
06/06/06 Motion denied
Florida Supreme Court – 3.853 Appeal
FSC# 06-1379
996 So.2d 213
07/10/06 Appeal filed
10/11/07 FSC affirmed trial court’s denial of 3.853 Motion
10/26/07 Motion for Rehearing filed
11/14/08 Rehearing denied
Circuit Court – 3.850 Motion
CC# 78-11151-A
11/23/10 Motion filed
02/14/11 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC# 11-473
(Pending)
03/07/11 Appeal filed
Death Warrant:
04/21/88 Death warrant signed by Governor Martinez
06/22/88 Scheduled execution date
06/01/88 Trial court granted stay of execution
Factors Contributing to the Delay in the Imposition of the Sentence:
There are three reasons for the delays in this case: (1) The number of appeals filed (nine), (2) 2˝ years of inactivity between the Florida Supreme Court’s affirmation of the sentence in 1984 and the filing of Parker’s first 3.850 Motion in 1987 and (3) a the 4-year decision period for Parker’s Habeas petition filed in United States District Court.
Case information:
Parker filed a Direct Appeal to the Florida Supreme Court on 12/21/81. Numerous issues were raised. First, Parker claimed the statements he gave to the police should have been suppressed. Second, Parker claimed he was denied his Sixth and Fourteenth Amendment rights to a fair trial. Third, Parker claimed the trial court abused its discretion in refusing his request for additional peremptory challenges. Fourth, Parker claimed trial court abused its discretion in denying his challenges for cause on two members of the jury venire. Fifth, the prosecution should not have been permitted to introduce Parker’s admission that he shot a man in Washington, D.C. Sixth, the circumstantial evidence was insufficient to support his conviction is meritless. Seventh, Parker claimed he was denied a fair trial by the introduction of evidence that he used aliases in D.C., suggesting that he was a criminal. Finally, there was a break in the chain of custody of the bullet taken from Chavez’s body and that this evidence should not have been admitted. The Court found all these claims meritless. On 09/06/84, the Court affirmed Parker’s convictions and death sentence. The mandate was issued on 10/15/84.
Parker then filed a 3.850 Motion to the Circuit Court on 01/02/87. While the case was pending, Governor Martinez signed a death warrant for Parker on 04/21/88. The following month, he petitioned the Florida Supreme Court for a Writ of Habeas Corpus on 05/23/88. While his 3.850 Motion was pending, the trial court granted a stay of execution on 06/01/88. The Habeas petition was denied on 12/01/88 and the 3.850 Motion was denied on 02/07/89.
On 03/30/89, Parker filed a 3.850 Appeal to the Florida Supreme Court. The Court affirmed the trial court’s denial of the 3.850 Motion on 10/15/92. Parker filed a motion for rehearing on 11/30/92, which was denied on 02/05/93. The mandate was issued on 02/05/93.
Parker then filed a second 3.850 Motion to the Circuit Court on 06/11/93, which was denied 11/18/93.
Parker filed a 3.850 Appeal to the Florida Supreme Court on 02/21/97. The Court affirmed the trial court’s decision, once again, in denying the 3.850 Motion on 05/28/98.
Parker filed a motion for rehearing on 06/29/98, which was denied on 09/23/98. The mandate was issued on 10/23/98.
On 04/23/97, Parker filed a Petition for Writ of Habeas Corpus to the United States District Court, Southern District, which was denied on 05/14/02.
Parker filed a Petition for Writ of Certiorari to the United States Supreme Court on 02/26/99. The petition was denied on 05/03/99.
On 06/10/02, Parker filed a Petition for Writ of Habeas Corpus to the United States Court of Appeals, 11th District, which was denied on 05/20/03. The Motion for a Rehearing was denied on 05/20/03. The mandate was issued on 09/03/03.
On 09/04/02, Parker filed a 3.850 Motion to the Circuit Court, which was denied on 11/25/03.
On 12/30/03, Parker filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 03/01/04.
On 01/12/04, Parker filed a 3.850 Appeal to the Florida Supreme Court. The Court affirmed the trial court’s denial of Parker’s 3.850 Motion. Because Parker’s conviction was already final when Ring v. Arizona was rendered, Ring does not apply retroactively to him. Furthermore, one of the aggravating circumstances found by the trial court was prior conviction of a violent felony, a factor which under Apprendi v. New Jersey and Ring did not need to be found by the jury. On 07/27/05, the Court affirmed the trial court’s denial of the 3.850 Motion. The rehearing was denied on 11/03/05.
On 09/27/05, Parker filed a 3.853 Motion (DNA testing) to the Circuit Court; it is indigenous. Parker requested that the semen found on his clothing at the time of the murder be tested. The motion was denied on 06/06/06.
On 07/1/06, Parker filed a 3.853 Motion to the Florida Supreme Court. On 10/11/07, the Florida Supreme Court affirmed the circuit court’s order in denying Parker’s 3.853 Motion. On 10/26/07, Parker filed a Motion for Rehearing in the Florida Supreme Court. This motion was denied on 11/14/08.
On 11/23/10, Parker filed a 3.850 Motion to the Circuit Court. This motion was denied on 02/14/11.
On 03/07/11, Parker filed a 3.850 Appeal to the Florida Supreme Court. This appeal is currently pending.
Institutional Adjustment:
|
DATE |
DAYS |
VIOLATION |
LOCATION |
|
02/27/70 |
15 |
UNKNOWN |
CENTRAL OFFICE |
|
11/25/70 |
4 |
UNKNOWN |
CENTRAL OFFICE |
|
10/15/74 |
30 |
UNKNOWN |
CENTRAL OFFICE |
|
02/06/76 |
45 |
UNKNOWN |
CENTRAL OFFICE |
|
02/08/83 |
0 |
DISCONDUCT |
CENTRAL OFFICE |
|
07/18/00 |
180 |
POSS OF NARCOTICS |
UNION C. I. |
Report Date: 04/10/01 TB
Updated: 04/29/11 CAR