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 upon for statistical or legal purposes.
HALL, Freddie Lee (B/M)
DC# 022762
DOB: 07/21/45
Fifth Judicial Circuit, Hernando County Case # 78-52
Sentencing Judge: The Honorable John W. Booth
Trial Attorney: Morton D. Aulls & H.D. Robuck, Jr. – Private
Attorney, Direct Appeal:
(1981): Morton D. Aulls & H.D. Robuck, Jr. – Private
(1993): Larry B.Henderson – Assistant Public Defender
Attorney, Collateral Appeals: Carol Rodriguez & Eric Pinkard – CCRC-M
Date of Offense: 02/21/78
Date of Sentence: 06/27/78
Date of Resentence: 02/21/91
Circumstances of Offense:
On 02/21/78, Karol Hurst, who was twenty-one years old and seven months pregnant at the time, was leaving the Pantry Pride grocery store in Leesburg, Florida at approximately 3:00 p.m., when Hall approached her.
Hall and an accomplice, Ruffin, were looking for a car to use in a robbery, when Hall approached Hurst and forced her into their car. Hall drove the car away, with Hurst and Ruffin following in another car. Hurst was driven to a wooded area, beaten, raped, and shot, then the body was dragged further into the woods.
On the evening of 02/21/78, Hall and Ruffin walked into a convenience store in Hernando County, Florida. The conduct of the pair aroused the suspicions of the store clerk, who called the sheriff substation located across the street from the store. Deputy Lonnie Coburn responded to the call and met Hall and Ruffin in the store’s parking lot, where witnesses saw Deputy Coburn approach Hall and Ruffin. Although conflicting evidence existed, at some point in the confrontation between Hall, Ruffin, and Deputy Coburn, Deputy Coburn was disarmed and shot and killed with his own gun. Hall and Ruffin fled the scene. The pair were spotted and pursued by another deputy, during which gunfire was exchanged between the pair and the deputy. Eventually, Hall and Ruffin abandoned their car and were later apprehended. Deputy Coburn’s gun was found in the abandoned car.
Hall and Ruffin were both present and principals in the murder of Deputy Coburn and the assault and murder of Hurst. Both Hall and Ruffin aided and abetted each other in the commission of the crimes.
Trial Summary:
03/07/78 Indicted on one count of First-Degree Murder
06/08/78 Trial venue changed from Sumter County to Putnam County
06/23/78 Jury returned guilty verdict
06/26/78 Jury recommended death penalty by a majority vote
06/27/78 Sentenced to death
03/09/89 FSC vacated death sentence
02/21/91 Jury recommended a death sentence by a vote of 8-4. Resentenced to
death.
Codefendant Information:
Ruffin and Hall were tried separately murder of Hurst. Ruffin was convicted and was originally sentenced to death; however, he was later resentenced to life imprisonment. Ruffin and Hall were tried together for the murder of Deputy Coburn. Ruffin was sentenced to life imprisonment.
Additional Information:
Hall and Ruffin were indicted on 03/09/78 for the First-Degree Murder of Deputy Coburn (Hernando County Case# 78-39). On 05/31/78, the sentencing jury recommended the death penalty for Hall by a majority vote, and on 06/01/78, he was sentenced to death. Hall filed a Direct Appeal with the Florida Supreme Court on 06/20/78 (FSC Case# 54,423), alleging that the conviction must be overturned because the evidence of guilt was circumstantial, does not preclude all hypotheses of innocence, and no evidence exists of premeditation. On 07/16/81, the FSC vacated Hall’s conviction and sentence and remanded to the trial court with instructions to enter a judgment and sentence of Second-Degree Murder.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 54,561
403 So.2d 1321
07/06/78 Appeal filed
07/06/81 FSC affirmed conviction and sentence
09/18/81 Mandate issued
Circuit Court – 3.850 Motion
CC# 78-52
09/28/82 Motion filed
10/01/82 Circuit Court denied Motion
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 82-195-Civ-Oc
565 F. Supp. 1222
09/30/82 Petition filed
05/18/83 USDC denied Petition
Florida Supreme Court – 3.850 Motion Appeal, Petition for Writ of Habeas Corpus, Stay of Execution
FSC# 62,696 & 62,697
420 So.2d 872
10/02/82 Appeal, Petition, and Stay filed
10/05/82 FSC affirmed denial of 3.850 Motion and denied Petition and Stay
10/28/82 Mandate issued
U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal
USCA# 83-3563
733 F.2d 766
08/29/83 Appeal filed
05/16/84 Remanded to the USDC for an evidentiary hearing
U.S. Supreme Court – Petition for Writ of Certiorari (filed by State)
USSC# 84-1234
471 U.S. 1107
01/29/85 Petition filed
05/13/85 USSC denied Petition
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 84-6326
471 U.S. 1111
02/28/85 Petition filed
05/13/85 USSC denied Petition
U.S. District Court, Middle District – Habeas Evidentiary Hearing
USDC# 82-195-Civ-Oc-14
09/19/85 Evidentiary hearing held
01/08/86 USDC denied Petition
U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal
USCA# 86-3073
805 F.2d 945
02/03/86 Appeal filed
11/17/86 USCA affirmed denial of Petition
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 87-5048
484 U.S. 905
07/06/87 Petition filed
10/13/87 USSC denied Petition
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 71,284
531 So.2d 76
10/14/87 Petition filed
05/12/88 FSC denied Petition
07/20/88 Rehearing denied
Circuit Court – 3.850 Motion
CC# 78-52
08/23/88 Motion filed
09/09/88 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal and Stay of Execution
FSC# 73,029
541 So.2d 1125
09/12/88 3.850 Appeal and Stay of Execution (set for 09/14/88) filed
03/09/89 FSC affirmed conviction, but vacated death sentence and remanded for
resentencing. Resentenced to death on 2/21/91
05/11/89 Rehearing denied and Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 77,278
577 So.2d 1326
01/23/91 Petition filed
02/26/91 FSC denied Petition
Florida Supreme Court – Direct Appeal (after resentencing)
FSC# 77,563
614 So.2d 473
03/08/91 Appeal filed
01/14/93 FSC affirmed sentence of death
03/22/93 Rehearing denied
04/21/93 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 92-8753
510 U.S. 834
05/17/93 Petition filed
10/04/93 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 78-52
02/14/97 Motion filed
10/30/97 Circuit Court denied motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 92,008
742 So.2d 225
12/15/97 3.850 Appeal filed
07/01/99 FSC affirmed denial of motion
08/03/99 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# SC00-1599
792 So.2d 447
08/02/00 Petition filed
05/10/01 FSC denied petition
08/15/01 Rehearing denied
U.S. District Court, Middle District – Federal Petition for Writ of Habeas Corpus
USDC# 5:00 CV 247
(Pending)
08/07/00 Petition filed
01/29/01 USDC administratively closed case pending state proceedings
07/26/01 USDC administratively reopened the case
03/20/03 USDC stayed proceedings pending resolution of 3.850
07/12/04 USDC administratively closed case pending state proceedings
Circuit Court – 3.850 Motion
CC# 78-52
08/10/01 Motion filed
05/13/08 Motion denied
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 01-6939
534 U.S. 1136
10/12/01 Petition filed
02/19/02 USSC denied Petition
Circuit Court – 3.851 Motion (Mental Retardation)
CC# 78-52
11/30/04 Motion filed
06/24/08 Motion denied
Florida Supreme Court – 3.851 Appeal
FSC# 08-1408
993 So. 2d 512
07/24/08 Appeal filed
09/15/08 Appeal denied
Florida Supreme Court – 3.851 Appeal
FSC# 10-1335
(Pending)
07/09/10 Appeal filed
Death Warrant Information:
09/09/82 Death warrant signed by Governor Graham
10/05/82 Stay of execution granted by USDC
08/11/88 Death warrant signed by Governor Martinez
09/14/88 Stay of execution granted by FSC
Clemency Hearing:
08/03/82 Clemency hearing held (denied)
Factors Contributing to the Delay in Imposition of Sentence:
The delay in the execution of the sentence in this case appears to be the result of the multiple appeals filed by Hall and the subsequent hearings that have resulted. Hall has been sentenced twice for the crime and has had appeals at all levels of the court system, both state and federal. One of the most obvious delays is in the extended period of time that elapsed between the U.S. Supreme Court’s denial of Certiorari on 10/04/93 and the filing of a 3.850 motion on 02/14/97.
Case Information:
Hall filed a Direct Appeal with the Florida Supreme Court on 07/06/78, challenging his conviction for First-Degree Murder and the resulting death sentence. Hall raised a number of issues on appeal: the state failed to prove its case in the trial, inflammatory remarks by the prosecutor and commenting on Hall’s refusal to testify, and collateral crime evidence admitted in the trial. The FSC affirmed the conviction and sentence of death on 07/16/81.
A death warrant for Hall was signed by the Governor on 09/09/82, and the execution was set for 10/06/82.
Hall filed a 3.850 Motion with the Circuit Court on 09/28/82, which was denied on 10/01/82.
A 3.850 Motion Appeal, Petition for Writ of Habeas Corpus and a Stay of Execution were filed with the Florida Supreme Court on 10/02/82. Hall cited the following issues in the appeal: the court improperly denied the motion to vacate, ineffective assistance of counsel, Hall was not present at some stages of the jury selection, and sentencing errors. The FSC affirmed the denial of the 3.850 Motion, denied the Petition for Habeas relief and the Stay of Execution on 10/05/82.
A Stay of Execution was issued by the U.S. District Court, Middle District, on 10/05/82 and expired on 06/03/83.
Hall filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District on 9/30/82 that was denied on 05/18/83.
On appeal, the U.S. Circuit Court of Appeals affirmed in part and reversed in part the decision of the USDC. The case was remanded for an evidentiary hearing on 05/16/84.
The State filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/29/85 that was denied on 05/13/85.
Hall filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 02/28/85 that was denied on 05/13/85.
On 01/08/86, the USDC denied relief, and the USCA affirmed this decision on 11/17/86.
Hall filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 07/06/87 that was denied on 10/13/87.
Hall filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/14/87, arguing that the court did not consider non-statutory mitigating circumstances in the sentencing phase of the trial. Prior to this appeal, the U.S. Supreme Court ruled in Hitchcock v. Dugger (1987) that courts must consider non-statutory, as well as statutory mitigating circumstances, in the sentencing phases of capital trials. The FSC denied the Petition on 05/12/88.
On 08/11/88, a second death warrant was signed by the Governor, scheduling the execution for 09/20/88.
Hall filed a 3.850 Motion with the Circuit Court on 08/23/88, which was denied on 09/09/88.
Hall filed a 3.850 Appeal with the Florida Supreme Court on 09/12/88, citing that the court erred in not weighing non-statutory mitigating circumstances in the sentencing phase of the trial. Previously, the FSC denied a Habeas Petition that argued those exact points, yet the FSC decided to address these points in the present 3.850 Motion Appeal, instead of the Habeas Petition. During the deliberation in this appeal, the FSC issued a Stay of Execution on 09/14/88. On 03/09/89, the FSC vacated Hall’s death sentence and remanded it for resentencing with a new jury. In addition to this ruling, the court ordered that all future Hitchcock claims be raised in 3.850 motions, not Habeas petitions.
Hall filed a pro se Petition for a Writ of Habeas Corpus with the Florida Supreme Court on 01/23/91 that was denied, without comment, by the FSC on 02/26/91.
Hall was resentenced to death on 02/21/91. The jury recommended a death sentence by a vote of 8-4.
Hall filed a Direct Appeal with the Florida Supreme Court on 03/08/91, citing numerous issues: juror selection bias; exclusion of sympathetic juror instructions; exclusion of co-defendant’s conviction; exclusion of sympathetic witness testimony; improper consideration of jury recommendation by the judge; the re-sentencing court improperly found additional aggravating factors; the state did not prove two aggravating factors – avoid or prevent arrest and cold, calculated, and premeditated murder; unconstitutional vagueness of the heinous, atrocious, or cruel aggravating factor; findings of mitigating evidence; and death sentence not proportionate with his codefendant’s sentence. The FSC affirmed the resentence on 01/14/93.
Hall filed a Petition for a Writ of Certiorari with the U.S. Supreme Court on 05/17/93 that was denied on 10/04/93.
Hall filed a 3.850 Motion with the Circuit Court on 02/14/97, which was denied on 10/30/97.
Hall filed a 3.850 Motion Appeal with the Florida Supreme Court on 12/15/97, citing five issues: the unconstitutionality of Florida’s capital sentencing statute in that it allows for the execution of a mentally retarded inmate, Hall is not competent to be resentenced, electrocution is cruel and unusual punishment, trial court’s summary denial of all but one of Hall’s thirty-three claims violated due process guarantees, and fundamental error that aggravators outweighed mitigating circumstances in the resentencing. The FSC affirmed the lower court’s denial of the 3.850 Motion on 07/01/99.
Hall filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 08/02/00, citing ineffective assistance of trial counsel. The FSC denied the Petition on 05/10/01.
Hall filed a federal Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District on 08/07/00. On 01/29/01, the USDC administratively closed the case pending resolution of the state-level Habeas Petition. On 07/26/01, the USDC administratively reopened the case, which is currently pending before the court. On 03/20/03, the USDC stayed proceedings in the case pending the resolution of the 3.850 Motion. On 07/12/04, the USDC administratively closed the case pending resolution of state-level proceedings.
Hall filed a 3.850 Motion in the Circuit Court on 08/10/01, citing mental retardation issues. The motion was denied on 05/13/08.
Hall filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 10/12/01 that was denied on 02/19/02.
Hall filed a 3.851 Motion with the Circuit Court on 11/30/04, citing claims of mental retardation. The motion was denied on 06/24/08.
Hall filed a 3.851 Appeal with the Florida Supreme Court on 07/24/08. The motion was denied on 09/15/08.
Hall filed a 3.851 Appeal with the Florida Supreme Court on 07/09/10. This motion is still pending.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
05/11/69 0 DISRESP TO OFFICIALS FLORIDA STATE PRISON
06/28/69 30 FIGHTING FLORIDA STATE PRISON
07/10/69 0 DEST. OF STATE PROP. FLORIDA STATE PRISON
04/15/72 15 THEFT FLORIDA STATE PRISON
11/16/78 30 PART.IN DISTURBANCE FLORIDA STATE PRISON
11/23/79 0 FIGHTING FLORIDA STATE PRISON
12/17/79 0 FIGHTING FLORIDA STATE PRISON
11/01/80 15 DISOBEYING ORDER FLORIDA STATE PRISON
02/01/82 0 FIGHTING CENTRAL OFFICE
05/28/82 0 DISOBEYING ORDER CENTRAL OFFICE
06/23/82 0 DISOBEYING ORDER CENTRAL OFFICE
07/27/82 0 DISORDERLY CONDUCT CENTRAL OFFICE
10/23/82 60 DISOBEYING ORDER CENTRAL OFFICE
10/27/82 0 SPOKEN THREATS CENTRAL OFFICE
03/15/83 0 DISORDERLY CONDUCT FSP - WORK CAMP
03/23/83 0 SPOKEN THREATS FSP - WORK CAMP
03/23/83 0 DISOBEYING ORDER FSP - WORK CAMP
03/25/83 0 DISRESPECT TO OFFICIALS FSP - WORK CAMP
03/26/83 0 DISRESPECT TO OFFICIALS FSP - WORK CAMP
07/03/83 0 DISOBEYING ORDER FSP - WORK CAMP
03/05/85 60 DISORDERLY CONDUCT FLORIDA STATE PRISON
01/28/86 30 SPOKEN THREATS FLORIDA STATE PRISON
06/28/87 60 DISORDERLY CONDUCT FLORIDA STATE PRISON
05/26/88 60 DISOBEYING ORDER FLORIDA STATE PRISON
11/15/88 30 FIGHTING FLORIDA STATE PRISON
10/06/89 0 DISOBEYING ORDER FLORIDA STATE PRISON
03/20/90 0 DISORDERLY CONDUCT FLORIDA STATE PRISON
07/06/90 30 DISOBEYING ORDER FLORIDA STATE PRISON
07/19/90 0 DEST. OF STATE PROP. FLORIDA STATE PRISON
07/25/90 0 DISOBEYING ORDER FLORIDA STATE PRISON
07/26/90 0 DISOBEYING ORDER FLORIDA STATE PRISON
02/07/91 0 LYING TO STAFF FLORIDA STATE PRISON
05/09/91 30 DISRESPECT TO OFFICIALS FLORIDA STATE PRISON
12/08/91 0 DISORDERLY CONDUCT FLORIDA STATE PRISON
05/26/92 0 SPOKEN THREATS FLORIDA STATE PRISON
08/18/92 30 UNARMED ASSAULT FLORIDA STATE PRISON
09/24/92 0 DISORDERLY CONDUCT FLORIDA STATE PRISON
01/15/93 0 DISOBEYING ORDER UNION C. I.
05/09/93 0 DISOBEYING ORDER UNION C. I.
12/04/97 5 POSS OF CONTRABAND UNION C. I.
07/24/98 0 DISRESPECT TO OFFICIALS UNION C. I.
12/11/98 0 DISOBEYING ORDER UNION C. I.
06/24/99 0 UNARMED ASSAULT UNION C. I.
09/07/99 0 DISRESPECT TO OFFICIALS UNION C. I.
10/03/99 0 POSS OF CONTRABAND UNION C. I.
10/12/04 0 DISRESP.TO OFFICIALS UNION C. I.
________________________________________________________________________
Report Date: 05/24/01 JFL
Approved: 06/07/01 WS
Updated: 07/14/10 CAR