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. 

 

FOSTER, Charles K. (W/M)

DC#    049546          

DOB:   10/20/46

    

Fourteenth Judicial Circuit, Bay County Case # 75-486

Sentencing Judge: The Honorable Mercer P. Spear

Attorney, Trial: William F. Wager, Jr. – Assistant Public Defender

Attorney, Direct Appeal:

            (1979): Louis G. Carres – Assistant Public Defender

            (1992): Richard H. Burr, III, Steven W. Hawkins, Steven L. Seliger – Private

            (1995): Richard H. Burr, III & Steven L. Seliger – Private

Attorney, Collateral Appeals: Mary C. Bonner – Private

 

Date of Offense:           07/15/75

Date of Sentence:         10/04/75

Date of Resentence:      06/18/90, 08/12/93

 

Circumstances of Offense:

 

On 07/15/75, Charles Foster and the victim, Julian Lanier, met two girls at a bar who agreed to go somewhere else to drink with the two men.  Lanier bought whiskey and cigarettes and the four left in Lanier’s camper-trailer. 

 

Foster and the girls had planned for Lanier to have sex with one of the girls in exchange for money.  The vehicle was parked in a deserted area and Lanier and one of the girls began to undress. 

 

Foster then hit Lanier, put a knife to Lanier’s throat and cut his neck.  Lanier was then dragged into the bushes where he was laid face down and covered with pine branches and leaves.  Lanier continued to breathe, so Foster took a knife and cut Lanier’s spine at the base of his neck.

 

The girls and Foster then drove away in Lanier’s vehicle and found his wallet underneath a mattress.  Foster and the girls split the money in the wallet and left the vehicle in a motel parking lot. 

 

One of the girls reported the crime and was not charged.

 

Trial Summary:

 

08/07/75          Indicted as follows:

                                    Count I             First-Degree Murder

                                    Count II           Robbery

10/03/75          Jury returned guilty verdicts on both counts

10/04/75          Jury unanimously recommended a death sentence for the murder

 conviction

10/04/75          Sentenced as follows:

                                    Count I             First-Degree Murder – Death

                                    Count II           Robbery – Life imprisonment

06/18/90          Resentenced to death.  The jury recommended a death sentence by a vote

of 8-4. Resentenced as the result of the FSC vacating the original death   

sentence on 12/03/87.

08/12/93          Resentenced to death.  The jury recommendation was the same 8-4 vote as

on 06/18/90.   Resentenced as the result of the FSC remanding the case for

a new sentencing order on 10/22/92.

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 48,380

369 So. 2d 928

 

11/18/75          Appeal filed

02/22/79          FSC affirmed conviction and sentence

05/10/79          Rehearing denied

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 79-5169

444 U.S. 885

 

08/06/79          Petition filed

10/01/79          USSC denied Petition

 

Circuit Court – 3.850 Motion

CC #75-486

 

05/13/81          Motion filed

05/15/81          Circuit Court denied Motion

  

Florida Supreme Court – 3.850 Motion Appeal and Stay of Execution

FSC# 60,636

400 So. 2d 1

 

05/15/81          Appeal filed

05/28/81          FSC affirmed denial of 3.850 Motion

 

U.S. District Court, Northern District – Petition for Writ of Habeas Corpus and Application for Stay of Execution

USDC# TCA 81-0847

517 F. Supp. 597

 

05/26/81          Petition and application filed

07/02/81          USDC denied Petition and Stay Application

 

U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal

USCA# 81-5734

707 F. 2d 1339

 

07/08/81          Petition filed

06/27/83          Petition denied

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 83-6583

467 U.S. 1268

 

03/19/84          Petition filed

05/14/84          USSC denied Petition

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 65,967

457 So. 2d 1372

 

10/05/84          Petition filed

10/10/84          FSC denied Petition

 

U.S. District Court, Northern District – Petition for Writ of Habeas Corpus

USDC# 84-2143-RV

 

10/12/84          Petition filed

06/05/86          USDC denied Petition

 

U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal

USCA# 86-3539

823 F. 2d 402

 

08/08/86          Appeal filed

07/16/87          USCA affirmed denial of Petition

09/03/87          Rehearing denied

09/17/87          Mandate issued

 

Circuit Court – 3.850 Motion

CC# 75-486

 

01/29/87          Motion filed

02/05/87          Circuit Court denied Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 70,184

518 So. 2d 901

 

03/06/87          Appeal filed

12/03/87          FSC affirmed denial of 3.850 Motion

02/10/88          Rehearing denied

04/19/88          Mandate issued

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 70,597

518 So. 2d 901

 

05/26/87          Petition filed

12/03/87          FSC granted Petition and vacated sentence, remanded to the trial court for

 resentencing

02/10/88          Rehearing denied

04/19/88          Mandate issued

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 87-6137

487 U.S. 1241

 

12/02/87          Petition filed

06/30/88          USSC denied Petition

 

U.S. Supreme Court – Petition for Writ of Certiorari (Filed by state)

USSC# 87-1701

487 U.S. 1240

 

04/11/88          Petition filed

06/30/88          USSC denied Petition

 

Circuit Court – 3.850 Motion

CC# 75-486

 

06/01/90          Motion filed

07/18/90          Circuit Court denied Motion

 

Florida Supreme Court – Direct Appeal (After Resentencing) & 3.850 Appeal

FSC# 76,639

614 So. 2d 455

 

09/20/90          Appeal filed

10/22/92          FSC affirmed the denial of the 3.850 Motion but vacated the death

 sentence and remanded the case to the trial court for resentencing

04/01/93          Rehearing denied

05/04/93          Mandate issued

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 93-5858

510 U.S. 951

 

06/30/93          Petition filed

11/01/93          USSC denied Petition

 

Florida Supreme Court – Direct Appeal (After Resentencing)

FSC# 82,335

654 So. 2d 112

 

09/10/93          Appeal filed

02/23/95          FSC affirmed sentence

05/11/95          Rehearing denied

06/13/95          Mandate issued

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 95-5549

516 U.S. 920

 

08/07/95          Petition filed

10/10/95          USSC denied Petition

 

Circuit Court – 3.850 Motion

CC# 75-486

 

03/18/97          Motion filed

12/29/00          Circuit Court denied Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# SC01-240

810 So. 2d 910

 

01/31/01          Appeal filed

02/14/02          FSC affirmed denial of 3.850 Motion

03/18/02          Mandate issued

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# SC01-767

810 So. 2d 910

 

04/12/01          Petition filed

02/14/02          FSC denied Petition

03/18/02          Mandate issued

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 01-10868

537 U.S. 990

 

05/10/02          Petition filed

10/21/02          USSC denied Petition

 

U.S. District Court, Northern District – Petition for Writ of Habeas Corpus

USDC# 03-108

 

05/15/03          Petition filed

12/03/03          Petition Supplemented

01/13/05          USDC dismissed Petition

 

U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal

USCA# 05-10344

 

02/17/05          Appeal filed

10/07/05          Appeal denied

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 05-9578

127 S. Ct. 1369

 

02/27/06          Petition filed

02/26/07          USSC denied petition

 

Death Warrant Information:

 

05/05/81          Governor Graham signed a death warrant

05/29/81          Stay of execution granted by USDC

 

09/19/84          Governor Graham signed a death warrant

10/15/84          Stay of execution granted by USDC

 

Clemency Hearing:

 

09/12/80          Clemency hearing held (denied)

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The delay in the execution of the sentence appears to be due to Foster’s death sentence being vacated multiple times at multiple levels of the court system, and the resulting legal and judicial procedures necessary to entertain legal challenges and re-impose the death sentence upon Foster.

 

Case Information:

 

Foster filed a Direct Appeal with the Florida Supreme Court on 11/18/75, citing the following issues:  the trial court erred in striking jurors because of objections to the death penalty, admitting prejudicial photographic evidence, no consideration of a mitigating circumstance, and the death penalty statute is unconstitutional. The FSC affirmed the conviction and death sentence on 02/22/79.

 

Foster filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 08/06/79 that was denied on 10/01/79.

 

On 05/05/81, Governor Graham signed a death warrant and the execution was scheduled for 06/03/81.

 

Foster filed a 3.850 Motion with the Circuit Court on 05/13/81 that was denied on 05/15/81.

 

Foster filed a 3.850 Motion Appeal and Application for Stay of Execution with the Florida Supreme Court on 05/15/81, citing ineffective assistance of counsel and incompetency during the trial. On 05/28/81, the FSC affirmed the denial of the 3.850 Motion and denied the Application for Stay of Execution.

 

Foster filed a federal Petition for Writ of Habeas Corpus and Stay of Execution with the U.S. District Court on 05/26/81, citing many issues, but all involve claims of ineffective assistance of counsel and competency during trial.  The USDC denied the Petition and Stay of Execution on 07/02/81.

 

Foster filed an appeal of the USDC’s denial of his Habeas Petition with the U.S. Court of Appeals on 07/08/81.  He cited ineffective assistance of counsel, constitutionality of jury instructions regarding aggravating and mitigating circumstances, use of non-record material in sentencing review by the FSC, and constitutionality of jury instructions regarding non-statutory mitigating circumstances.  On 06/27/83, the USCA affirmed the denial of the Petition for Writ of Habeas Corpus.

 

Foster filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/19/84 that was denied on 05/14/84.

 

On 09/19/84, Governor Graham signed a death warrant and the execution was scheduled for 10/16/84.

 

Foster filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/05/84, citing lack of meaningful appellate review of his sentence, no consideration of mitigating circumstances by the trial judge, and lack of proportionality in sentencing.  The FSC denied this Petition on 10/10/84.

 

Foster filed a federal Petition for Writ of Habeas Corpus with the U.S. District Court on 10/12/84, citing ineffective assistance of counsel.  The USDC denied this Petition on 06/05/86. 

 

Foster filed an appeal of the USDC decision to deny the Habeas Petition with the U.S. Court of Appeals on 08/08/86.  The USCA affirmed the USDC decision on 07/16/87.

 

Foster filed a 3.850 Motion with the Circuit Court on 01/29/87 that was denied on 02/05/87. 

 

Foster filed a 3.850 Motion Appeal on 03/06/87 and a Petition for Writ of Habeas Corpus on 05/26/87 with the Florida Supreme Court, citing error in that the trial court did not consider non-statutory mitigating evidence.  On 12/03/87, the FSC affirmed the denial of the 3.850 motion, but granted the Habeas petition. The FSC vacated the death sentence, and a new sentencing hearing was ordered in which all mitigating evidence could be presented.

 

Two petitions for Writs of Certiorari were filed with the U.S. Supreme Court - one an appeal of the USCA decision filed on 12/02/87 (filed by Foster) and the other of the FSC decision filed on 04/11/88 (filed by the State).  The USSC denied these Petitions on 06/30/88. 

 

Foster filed a 3.850 Motion with the Circuit Court on 06/01/90 that was denied on 07/18/90.

 

Foster was resentenced to death on 06/18/90.  The jury recommended the death penalty by a vote of 8-4.

 

After resentencing, Foster filed a Direct Appeal and 3.850 Motion Appeal with the Florida Supreme Court on 09/20/90, citing numerous issues.  The FSC vacated the death sentence, remanding to the Circuit Court for a new sentencing order, but affirmed the denial of the 3.850 motion.

 

Foster was resentenced to death on 08/12/93.  The jury recommendation vote of 8-4 was the same vote used to resentence Foster on 06/18/90.  

 

Foster filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 06/30/93 that was denied on 11/01/93.

 

After resentencing, Foster filed a Direct Appeal with the Florida Supreme Court on 09/10/93, raising three claims: the death penalty is not proportionate in this case, the trial court erred in concluding that a conflict existed with mental health mitigating circumstances, and the trial court’s instruction regarding the cold, calculated, and premeditated aggravating circumstance was flawed.  The FSC affirmed the death sentence on 02/23/95.

 

Foster filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 08/07/95 that was denied on 10/10/95.

 

Foster filed a 3.850 Motion with the Circuit Court on 03/18/97 that was denied on 12/29/00.

 

Foster filed a 3.850 Motion Appeal on 01/31/01 with the Florida Supreme Court, alleging the following errors: failure of the trial court to hold a hearing as to Foster’s claim of violation of right to impartial jury, failure of the trial court to hold a hearing as to Foster’s claim of violation of double jeopardy, failure of the trial court to hold a hearing as to Foster’s Brady claims, failure of the trial court to hold a hearing as to Foster’s claim that his time spent on death row constituted cruel and unusual punishment, and the FSC engaged in a constitutionally flawed harmless error analysis in his Direct Appeal.  On 02/14/02, the FSC affirmed the denial of the 3.850 Motion.

 

Foster filed a Petition for Writ of Habeas Corpus on 04/12/01 with the Florida Supreme Court, alleging ineffective assistance of trial and appellate counsel.  On 02/14/02, the FSC denied the Petition.

 

Foster filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/10/02 that was denied on 10/21/02.

 

Foster filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Northern District of Florida, on 05/15/03 that was dismissed on 01/13/05. 

 

Foster filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit on 02/17/05 that was denied on 10/07/05.   

 

Foster filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 02/27/06 that was denied on 02/26/07.

  

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      

 

03/12/79      0                         DEST. OF ST. PROP.                           FLORIDA STATE PRISON

03/13/80      0                         ESCAPE OR ATTEMPT                     FLORIDA STATE PRISON

12/07/80      0                         POSS OF UNAUTH BEV.                   FLORIDA STATE PRISON

12/14/80      0                         DISOBEYING ORDER                         FLORIDA STATE PRISON

04/19/82      0                         DISRESP.TO OFFICIALS                   CENTRAL OFFICE     

03/01/83      0                         MANUFACTURE OF DRUGS           CENTRAL OFFICE     

02/13/84     30                        DISOBEYING ORDER                         FSP - WORK CAMP    

08/10/84     30                        DISRESP.TO OFFICIALS                   FSP - WORK CAMP    

01/07/85     30                        UNARMED ASSAULT                      013                

01/08/85     60                        UNARMED ASSAULT                      013                

05/19/85      0                         POSS OF UNAUTH BEV.                   FLORIDA STATE PRISON

09/11/86     30                        FIGHTING                                             FLORIDA STATE PRISON

02/14/87     30                        MANUFACTURE OF DRUGS           FLORIDA STATE PRISON

03/23/88     30                        DISRESP.TO OFFICIALS                   FLORIDA STATE PRISON

 

________________________________________________________________________ 

Report Date:     06/20/01          JFL

Approved:        09/24/01          WS

Updated:          02/27/08          KLH