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.
KING, Amos Lee (B/M)
DC# 036275
DOB: 08-16-54
Sentencing Judge: The Honorable John S. Andrews
Trial Attorney: Tom Cole
Attorney, Direct Appeal: W.C. McLain, Assistant Public Defender
Attorney Direct Appeal (after re-sentencing): Baya Harrison, Esq. –
Attorney, Collateral Appeals: James Viggiano, CCRC-M
Date of Offense: 03-18-77
Date of Sentence: 07-08-77
Re-sentenced: 11-07-85
Circumstance of Offense:
On March 18, 1977, Amos King, an inmate at the Tarpon Springs Community Correctional Center, was reported missing by a facility counselor. The counselor discovered King on the outside of the building and ordered him into the control room. Once in the control room, King attacked the counselor and stabbed him. Another inmate then pulled him off the counselor and the counselor phoned the assistant superintendent, advising him that he had been stabbed. At that time King reentered the control room and repeatedly stabbed the counselor. He cut the control room phone line and fled the correctional center.
Officers from the Tarpon Springs Police Department discovered a house near the correctional center on fire and in the rear of the residence discovered an elderly white female, age 67, who had been stabbed, beaten and sexually abused. It was later ascertained by the Pinellas County Sheriff’s Department that King committed these offenses and then set the victim’s house on fire in an effort to destroy evidence. King committed the murder and assault on the elderly female prior to his assault on the correctional officer. The subject surrendered himself to the Pinellas County Jail after calling the jail by phone and arranging surrender, because he reported that he feared for his life.
Trial Summary:
04-11-77 Defendant entered a plea of not guilty.
06-23-77 Motion for Change of Venue filed.
06-27-77 Motion for Change of Venue denied.
07-08-77 Defendant was found guilty by the trial jury of all counts as charged. Upon
advisory sentencing, the trial jury (by a majority) recommended the death
penalty.
07-08-77 Defendant was sentenced as follows:
(Case #77-2173, 77-1696, cases consolidated at trial)
77-2173
Count II: Involuntary Sexual Battery – Life consecutive to Count I.
Count III: Arson in the First Degree – 15 years Prison, consecutive to Count II.
Count IV: Burglary – Life consecutive to Count III.
77-1696
Count I: Attempted Murder in the First Degree – Life.
Count II: Escape 5 years concurrent with Count I.
*NOTE: The Florida Supreme Court vacated the sentence of Involuntary Sexual Battery and remanded for re-sentencing the offense of Attempted First Degree Murder.
Appeal Summary:
Florida Supreme Court, Direct Appeal
FSC #52,185
390 So.2d 315 (Fla. 1980)
08-10-77 Appeal filed.
05-08-80 Florida Supreme Court affirmed the conviction and sentence of death.
12-11-80 Rehearing denied.
12-11-80 Mandate issued.
USSC #80-6151
560 U. S. 989 (1981)
02-09-81 Petition filed.
03-09-81 USSC denied Petition for Writ of Certiorari.
Circuit Court, 3.850 Motion,
Circuit Court #77-1696, 77-2173
11-09-81 Motion filed.
11-13-81 Motion denied.
FSC #61-406
407 So.2d 904 (Fla. 1981)
11-16-81 Appeal filed.
12-02-81 FSC affirmed the trial court’s denial of 3.850 Motion.
12-02-81 Mandate issued.
11-27-81 Petition filed.
02-02-82 USDC denied Petition for Writ of Habeas Corpus.
United States Court of Appeals (11th Circuit), Appeal of Habeas Denial
USCA #82-5306
714 F.2d 1481 (11th Circuit 1983)
02-26-82 Appeal filed.
09-02-83 USCA reversed and remanded to District Court for appropriate Writ and
vacated sentence.
467 U. S. 1211 (1984)
02-01-85 Petition filed.
04-15-85 USSC vacated the United States Court of Appeals (11th Circuit) judgment and remanded in light of Strickland v. Washington, 466 U.S. 668 (1984).
United States Court of Appeals (11th Circuit), On Remand from United States Supreme Court
748 F.2d 1402 (1984)
05-29-84 On remand from United States Supreme Court.
12-03-84 United States Court of Appeals upheld original decision and remanded to
Circuit Court for re-sentencing.
USSC #84-1231
471 U.S. 1016 (1985)
02-01-85 Petition filed.
04-15-85 USSC denied petition.
FSC #68-631
04-21-86 Appeal filed.
09-24-87 FSC affirmed conviction and sentence.
11-20-87 FSC denied Motion for Rehearing.
12-29-87 Mandate Issued.
USSC #87-6437
02-16-88 Petition filed.
06-30-88 USSC denied petition.
FSC #73-360
555 So.2d 355 (Fla. 1990)
11-28-88 Petition filed.
01-04-90 FSC denied petition.
11-28-88 Motion filed.
11-28-88 Motion denied.
FSC #73,361
538 So.2d 1255 (1988)
11-28-88 Appeal filed.
11-29-88 FSC remanded to Circuit Court for an Evidentiary Hearing and granted a Stay of Execution.
11-29-88 Mandate Issued.
Circuit Court, 3.850 Motion
CC # 77-1696, 77-2173
11-29-88 On remand from Florida Supreme Court.
12-29-88 Evidentiary Hearing held.
07-29-90 Motion denied.
FSC #76,537
597 So.2d 780 (Fla. 1992)
08-27-90 Appeal filed.
03-05-92 Florida Supreme Court affirmed the trial court’s denial of 3.850 Motion.
05-29-92 Florida Supreme Court denied Motion for Rehearing.
05-29-92 Mandate Issued.
United States District Court (Middle District), Petition for Writ of Habeas Corpus
USDC #92-1727-Civ-T
10-29-92 Petition filed.
05-12-98 United States District Court denied Petition for Writ of Habeas Corpus.
06-02-98 Motion for Re-hearing denied.
United States Court of Appeals (11th Circuit), Appeal of Habeas Denial
USCA #98-2928
07-06-98 Appeal filed.
11-30-99 USCA affirmed the District Court’s denial of Habeas petition.
CC #77-2173
(Pro Se)
01-24-97 Motion filed.
04-16-97 Circuit Court dismissed.
05-24-99 Motion for Rehearing denied.
FSC #89,858
695 So.2d 700 (Fla. 1997)
(Pro Se)
02-07-97 Petition filed.
03-25-97 FSC denied petition.
05-28-97 FSC denied Motion for Rehearing.
United States Supreme Court, Petition for Writ of Certiorari
USSC # 00-6384
531 U.S. 1039; 121 S. Ct. 631; 148 L. Ed. 2d 539 (U.S. 2000)
10-03-00 Petition filed.
12-04-00 Petition denied.
Circuit Court, 3.850 Motion
Circuit Court # 77-1696, 77-2173
(Pro Se)
02-08-00 Motion filed.
12-14-00 Motion denied
Circuit Court, 3.850 Motion
Circuit Court # 77-1696, 77-2173
(Pro Se)
10-03-01 Motion filed.
Circuit Court, 3.851 Motion
Circuit Court # 77-1696, 77-2173
12/17/01 Motion filed.
01/01/02 Motion denied.
FSC #SC02-1
808 So. 2d 1237 (Fla.2002)
01/04/02 Appeal filed.
01/16/02 FSC affirmed the trial court’s denial of the 3.851 motion.
FSC#SC02-2
808 So. 2d 1237 (Fla.2002)
01/04/02 Petition filed.
01/16/02 Petition denied.
United States Supreme Court, Petition for Writ of Certiorari.
USSC # 01-7804
01-17-02 Petition filed.
01-23-02 USSC granted a Stay of Execution.
Florida Supreme Court, Petition for Writ of Habeas Corpus
07-05-02 Petition filed.
07-08-02 Stay of Execution granted
10-24-02 Habeas petition denied.
United States Supreme Court, Petition for Writ of Certiorari.
USSC# SC02-1457
11-19-02 Petition filed.
12-02-02 Petition denied.
Circuit Court, 3.851 Motion
Circuit Court # 77-1696, 77-2173
11-29-02 Motion filed
12-01-02 Huff hearing held, motion denied
10-07-81 Hearing held before the Executive Clemency Board. (denied)
11-04-81 Death warrant signed by Governor Bob Martinez.
12-04-81 Stay of Execution granted by United States District Court.
10-28-88 Death warrant signed by Bob Graham.
11-29-88 Stay of Execution granted by Florida Supreme Court.
11-19-01 Death Warrant signed by Governor Jeb Bush
Execution set January 24, 2002.
01-23-02 Stay of Execution granted by United States Supreme Court.
07-08-02 Stay of Execution granted by Florida Supreme Court
11-29-02 Stay to be lifted 30 days from the denial of Habeas petition by Florida Supreme Court.
11-14-02 Execution set December 2, 2002.
12-02-02 Stay of Execution granted by Governor Jeb Bush
Execution set January 8, 2003
02-05-03 Stay of Execution lifted
Execution set February 26, 2003
Delay in Imposition of Sentence:
The delay in imposition of sentence may be attributed to the re-sentencing of the defendant in 1985, eight years after his original sentence in 1977. King has had numerous appeals since he was re-sentenced, including two 3.850 Motions and two State Habeas appeals. King had a Federal Habeas pending in the United State’s District Court from 1992 until it was denied in 1998.
Case History:
The Florida Supreme Court affirmed King’s conviction and the sentence of death. The Court vacated King’s sentence of involuntary sexual battery finding the trial court could not impose judgment for an underlying felony that was an element of the felony murder. The Supreme Court also remanded the attempted first degree murder charge, claiming that attempts to commit a capital felony always carry a 30-year maximum, absent a statutory provision authorizing life. King was re-sentenced to life on this charge on 06-25-84 as a habitual offender.
King filed a Direct Appeal with the Florida Supreme Court on 08-10-77. King argued five issues on appeal: (1) His cases were improperly consolidated at trial, (2) The trial court erred by allowing cameras in the courtroom, (3) Juror excused for cause, (4) Improper voir dire inquiry, (5) The final point raised by the appellant involved statements he made to two deputies over his objection and subsequent to his request for counsel. The court affirmed his conviction and sentence on 05-08-80.
King filed a Petition for Writ of Certiorari, which was denied on 03-9-81. Governor Bob Martinez signed a death warrant on 11-04-81.
King then filed a 3.850 Motion in the State circuit court on 11-09-81. The trial court denied this motion on 11-13-81. King appealed this denial to the Florida Supreme Court on 11-16-81. The Court affirmed the trial court’s denial on 12-02-81.
King filed a Petition for Habeas relief in the United States District Court on 11-27-81. The Court granted a Stay of Execution on 12-04-81; however, subsequently denied the petition on 02-02-82. King appealed this denial to the United States Court of Appeals on 02-26-82. On 09-02-83 the court vacated King’s sentence and remanded to the District Court for the appropriate Writ. The State then filed a Petition for Writ of Certiorari on 02-01-85. The Supreme Court vacated the Court of Appeal’s judgment and remanded in light of Strickland V. Washington. On remand, the United States Court of Appeals upheld their original decision and remanded to the Circuit Court for re-sentencing. The State filed a Petition for Writ of Certiorari in the United States Supreme Court on 02-01-85. The Court denied the petition on 04-15-85.
King returned to the State Circuit Court and was once again sentenced to death on 11-07-85. King filed his Direct Appeal on 04-21-86 and the Florida Supreme Court affirmed the sentence of death on 09-24-87. The United States Supreme Court denied Certiorari on 06-30-88. Governor Bob Graham signed a death warrant on 10-28-88. King then filed a Petition for Writ of Habeas Corpus on 11-28-88 in the Florida Supreme Court. On 11-29-88, the Court granted a Stay of Execution. King argued that the trial court and the State minimized the jurors’ sense of responsibility in violation of Caldwell v. Mississippi, and erred in not granting his specially-requested instruction regarding the jury’s role in sentencing and that appellate counsel rendered ineffective assistance of counsel by failing to raise the issue on appeal. The Florida Supreme Court determined the first two appeals were procedurally barred in postconviction proceedings, and should have been raised on Direct Appeal. King also claimed the trial court violated both the Hitchcock and Lockett rulings by refusing to allow him to introduce evidence to show his innocence. Once again the Supreme Court held that this was procedurally barred and should have been raised on Direct Appeal. The Court denied the Habeas Petition on 01-4-90.
King filed a 3.850 Motion on 11-28-88, which was denied on 11-28-88. King appealed the denial to the Florida Supreme Court, which remanded to the trial court for an evidentiary hearing and granted a stay of execution. The trial court held an evidentiary hearing on 12-29-88 and denied the motion on 07-29-90. King then filed another appeal of the 3.850 denial to the Florida Supreme Court on 08-27-90, and the court affirmed the denial on 03-05-92.
King then filed a second Federal Habeas Petition with the United States District Court on 10-29-92, and on 05-12-98 the District Court denied the petition. King appealed this denial to the United States Court Appeals on 07-06-98. The Court affirmed the District Court’s decision on 11-30-99.
King, proceeding pro se, then filed a 3.850 Motion on 01-24-97. The Court dismissed this motion on 04-16-97.
King filed a State Habeas Petition on 02-07-97 in the Florida Supreme Court. The Court subsequently denied the petition on 03-25-97. A motion for rehearing was denied on 05-28-97.
King filed a Petition for Writ of Certiorari in the United States Supreme Court on 10-03-00, which was denied 12-04-00.
King filed a pro se 3.850 Motion in the trial court on 02-08-00, which was denied on 12-14-00. He filed a subsequent pro se 3.850 Motion in the trial court on 10-03-01. A status conference was held to determine if King would proceed pro se, or continue with appointed appellate counsel. It was determined that King would continue to be represented by court appointed counsel and an order denying the 3.850 was entered on 11/29/01.
King filed a successive 3.851 on 12-17-01 that was denied on 01-01-02. An appeal of the trial court’s 3.851 denial and a Petition for Writ of Habeas Corpus were both filed in the Florida Supreme Court on 01-04-02. King filed a pro se motion requesting a Stay of Execution and to have his present attorney dismissed and alternate counsel appointed. On 01-16-02 the Florida Supreme Court affirmed the trial court’s denial of the successive 3.851 motion and denied the Habeas Petition. The Court also denied King’s separate request to Stay his Execution.
King filed a Petition for Writ of Certiorari in the United States Supreme Court on
01-17-02. The Supreme Court granted a Stay of Execution pending the disposition of the petition on 01-23-02. Pursuant to the decision in Ring v. Arizona1 the United States Supreme Court lifted King’s Stay of Execution.
King filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on
07-05-02. King was seeking relief from the court pursuant to Ring v. Arizona. The Court granted King a Stay of Execution on 07-08-02, pending the disposition of the petition. On 10-24-02 the Florida Supreme Court denied the petition and ordered the Stay of Execution to be lifted in thirty days. On 11-14-02 the execution was rescheduled for
12-02-02.
King filed a Petition for Writ of Certiorari in the United States Supreme Court on
11-19-02. While the Certiorari was pending King filed a successive 3.851 motion and requested a Stay of Execution. A Huff hearing was conducted in the circuit court on
12-1-02 and the motion was subsequently denied. The U.S. Supreme Court subsequently denied the Certiorari Petition on 12-2-02.
Governor Jeb Bush granted a Stay of Execution on 12-02-02 to allow additional DNA tests to be conducted. The execution was rescheduled for 01-08-03. The DNA tests were conducted and the Governor’s office reported that the tests failed to yield results to exonerate King. On 02/05/03 Governor Bush lifted the Stay of Execution and scheduled the execution for 02/26/03. King was executed on 02/26/03.
Institutional Adjustment:
|
FSP - MAIN UNIT |
INCITING RIOTS |
06/30/1987 |
NO DISCIPLINE |
|
UNION C. I. |
POSS OF CONTRABAND |
10/16/1994 |
NO DISCIPLINE |
|
UNION C. I. |
UNARMED ASSAULT |
05/25/1999 |
DISCIPLINARY CONFINEMENT |
|
UNION C. I. |
VERBAL DISRESPECT |
01/05/2001 |
DISCIPLINARY CONFINEMENT |
Report date 09/27/01- WHS
Updated 11/20/01- WHS
Updated 01/10/02- WHS
Updated 01/17/02- WHS
Updated 01/24/02- WHS
Updated 07/15/02- WHS
Updated 12/04/02- WHS
Updated 02/27/03 WHS
1 Ring v. Arizona , holds that jurors, not the presiding judge, are responsible for sentencing a person to death.