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.
HALIBURTON, Jerry (B/M)
DC# 046651
DOB: 09/19/54
Fifteenth Judicial Circuit, Palm Beach County Case # 82-1893
Sentencing Judge: The Honorable Jack Cook
Resentencing Judge: The Honorable Hubert R. Lindsey
Attorney, Trial: Nelson E. Bailey & Charles Musgrove – Private
Attorney, Direct Appeal: Charles Musgrove – Private
Attorney, Collateral Appeals: William Hennis – CCRC-S
Date of Offense: 08/09/81
Date of Sentence: 10/07/83
Date of Resentence: 04/11/88
Circumstances of Offense:
On 08/09/81, Jerry Haliburton, while on parole, burglarized the home of Donald Bohannon and attacked him while he slept. Bohannon died as a result of thirty-one stab wounds to the neck, chest, arms, and scrotum.
After being arrested for the crime, Haliburton was subjected to police questioning, and when an attorney was obtained, he was not allowed to see Haliburton. During the questioning, Haliburton was subjected to a polygraph examination. After a court order was obtained, the attorney was allowed to consult with Haliburton and the interrogation was stopped.
According to Haliburton’s brother, Haliburton said he killed Bohannon just to see if he could kill another human being.
Trial Summary:
03/24/82 Indicted on one count of First-Degree Murder
09/16/83 Jury returned guilty verdict
09/21/83 Jury recommended death sentence by a vote of 10-2
10/07/83 Sentenced to death
02/17/88 Jury recommended death sentence by a vote of 9-3
04/11/88 Resentenced to death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 64,510
476 So. 2d 192
11/14/83 Appeal filed
08/30/85 FSC vacated conviction and death sentence
10/24/85 Rehearing denied
U.S. Supreme Court – Petition for Writ of Certiorari (filed by state)
USSC# 85-1074
475 U.S. 1078
12/18/85 Petition filed
03/24/86 USSC vacated FSC judgment and remanded for reconsideration
Florida Supreme Court – Direct Appeal (reconsideration by order of USSC)
FSC# 64,510
514 So. 2d 1088
10/01/87 FSC vacated conviction and remanded for new trial
Florida Supreme Court – Direct Appeal (after retrial)
FSC# 72,277
561 So. 2d 248
04/18/88 Appeal filed
04/05/90 Appeal denied
06/18/90 Rehearing denied
07/26/90 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 90-5512
501 U.S. 1259
06/20/90 Petition filed
06/28/91 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 82-1893
02/16/92 Motion filed
01/25/94 Circuit Court denied Motion
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 79,382
691 So. 2d 466
02/18/92 Petition filed
01/09/97 FSC denied petition
04/10/97 Rehearing denied
Florida Supreme Court – 3.850 Motion Appeal
FSC# 83,749
691 So. 2d 466
05/23/94 Appeal filed
01/09/97 FSC affirmed denial of 3.850 Motion
04/10/97 Rehearing denied
U.S. District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 98-8225
04/10/98 Petition filed
09/10/01 USDC denied Petition
Florida Supreme Court – 3.850 Appeal
FSC# SC01-413
2001 Fla. LEXIS 969
02/27/01 Appeal filed
05/01/01 FSC dismissed appeal with prejudice
11/05/01 Rehearing denied
U.S. Circuit Court of Appeals, 11th Circuit – Habeas Petition Appeal
USCA# 01-15865P
342 F. 3d 1233
10/15/01 Appeal filed
08/21/03 USCA affirmed denial of Petition
10/21/03 Rehearing denied
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 03-1108
865 So. 2d 480
06/20/03 Petition filed
10/09/03 FSC denied Petition, without opinion
12/19/03 Rehearing denied
U.S. Supreme Court – Petition for Writ of Certiorari (USCA decision)
USSC# 03-9553
541 U.S. 1087
03/19/04 Petition filed
06/07/04 USSC denied Petition
Circuit Court – 3.851 Motion
CC# 82-1893
11/30/04 Motion filed
01/28/05 CC dismissed Motion
Florida Supreme Court – 3.851 Motion Appeal
FSC# 05-1811
935 So.2d 1219
09/29/05 Appeal filed
07/10/06 FSC affirmed denial of motion
Circuit Court – 3.851 Motion
CC# 82-1893
09/18/06 Motion filed
04/07/08 Motion granted in part
Death Warrant Information:
01/17/92 Governor Chiles signed death warrant
03/12/92 Stay of execution granted by the Circuit Court
Factors Contributing to the Delay in Imposition of Sentence:
The time between Haliburton’s original sentencing on 10/07/83 and his resentencing on 04/11/88, and the time taken to decide a Petition for Writ of Habeas Corpus (02/18/92 – 01/09/97), a 3.850 Motion Appeal (05/23/94 – 01/09/97), and a federal Petition for Writ of Habeas Corpus (04/10/98 – 09/10/01).
Case Information:
On 11/14/83, Haliburton filed a Direct Appeal with the Florida Supreme Court, arguing that the failure of the police to allow an attorney to consult with Haliburton during questioning violated Haliburton’s right to counsel. On 08/30/85, the FSC vacated the conviction and death sentence of Haliburton.
On 12/18/85, the State of Florida filed a Petition for Writ of Certiorari with the U.S. Supreme Court, and on 03/24/86, the USSC vacated the FSC’s decision and remanded the case for reconsideration by the FSC.
On 10/01/87, the Florida Supreme Court again vacated the conviction and sentence and remanded the case for a new trial.
On 02/17/88, a jury recommended the death sentence for Haliburton by a vote of 9-3. On 04/11/88, Haliburton was resentenced to death.
On 04/18/88, Haliburton filed a Direct Appeal with the Florida Supreme Court, claiming the following nine issues: trial court error in refusing to require the jury to return a special verdict of premeditated or felony murder; not allowing defense to comment on a witness during closing arguments; rereading portions of requested testimony; improper admission of three photographs into evidence; refusing to declare a mistrial due to admission of cumulative, irrelevant, and prejudicial evidence; refusing to declare a mistrial due to alleged attempts by the prosecutor to shift the burden of proof; Florida’s capital sentencing statute is unconstitutional; allowing the jury to consider the HAC aggravating factor; and two of four aggravating factors were improperly found (under sentence of imprisonment and cold, calculated, and premeditated murder). On 04/05/90, the FSC affirmed the conviction and sentence of death.
On 06/20/90, Haliburton filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 06/28/91.
On 02/16/92, Haliburton filed a 3.850 Motion with the Circuit Court that was denied on 01/25/94.
On 02/18/92, Haliburton filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court, citing four issues relating to ineffective assistance of counsel. On 01/09/97, the FSC denied the Petition.
On 05/23/94, Haliburton filed a 3.850 Motion Appeal with the Florida Supreme Court, citing the following nine issues: improper denial of a motion for rehearing, state withholding of exculpatory evidence and ineffective assistance of counsel at the guilt phase, ineffective assistance of counsel at the penalty phase, overbroad jury instructions regarding aggravating circumstances, state compliance with public records requests, ineffective assistance of counsel regarding waiving of a speedy trial, ineffective assistance of counsel regarding prosecutorial misconduct, improper jury instructions that shifted the guilt to Haliburton, and denial of due process due to the Governor signing a death warrant before the two year time limit for filing a motion for post-conviction relief expired. On 01/09/97, the FSC affirmed the denial of the 3.850 Motion.
On 04/10/98, Haliburton filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District that was denied on 09/10/01.
On 02/27/01, Haliburton filed an appeal with the Florida Supreme Court, which the FSC treated as a 3.850 Motion Appeal. On 05/01/01, the court dismissed the appeal with prejudice.
On 10/15/01, Haliburton filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Circuit Court of Appeals, 11th Circuit, citing allegations of ineffective assistance of counsel. On 08/21/03, the USCA affirmed the denial of the Petition by the USDC.
On 06/20/03, Haliburton filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court, citing Ring issues. On 10/09/03, the FSC denied the Petition, without opinion.
On 03/19/04, Haliburton filed a Petition for Writ of Certiorari with the U.S. Supreme Court, appealing the decision of the USCA. On 06/07/04, the USSC denied the Petition.
On 11/30/04, Haliburton filed a 3.851 Motion with the Circuit Court that was dismissed on 01/28/05.
On 09/29/05, Haliburton filed a 3.851 Motion Appeal with the Florida Supreme Court, and on 07/10/06, the FSC affirmed the denial of the motion.
Haliburton filed a 3.851 Motion with the Circuit Court on 09/18/06. On 04/07/08, the Circuit Court granted the motion in part. The court ruled that Haliburton is entitled to an evaluation by a mental health expert to determine mental retardation. After completion of the evaluation, an evidentiary hearing will be conducted to address the 3.851 Motion.
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
06/21/94 0 PART.IN RIOTS UNION C. I.
08/11/94 0 REF. SUB. ABUSE TEST UNION C. I.
11/22/95 0 DISOBEYING ORDER UNION C. I.
09/09/96 0 FIGHTING UNION C.I.-MED.FAC.
04/03/97 0 POSS OF CONTRABAND UNION C. I.
10/09/97 0 REF. SUB. ABUSE TEST UNION C. I.
12/04/97 0 REF. SUB. ABUSE TEST UNION C. I.
12/18/97 0 REF. SUB. ABUSE TEST UNION C. I.
04/12/00 0 UNAUTH USE OF DRUGS UNION C. I.
03/15/06 0 DISRESP.TO OFFICIALS UNION C.I.
________________________________________________________________________
Report Date: 09/12/01 JFL
Approved: 11/16/01 WS
Updated: 05/20/10 CAR