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.
DAMREN, Floyd (W/M)
DC# 061360
DOB: 05/27/51
Fourth Judicial Circuit, Clay County Case # 94-537
Sentencing Judge: The Honorable Robert Foster
Attorney, Trial: Alan Chipperfield – Public Defender
Attorney, Direct Appeal: Teresa Sopp – Private
Attorney, Collateral Appeals: John Mills (Federal)- Private
Date of Offense: 05/01/94
Date of Sentence: 06/02/95
Circumstances of Offense:
Floyd Damren entered the grounds of R.G.C. Mineral Sands and stole equipment, telling a friend that “There [is] … some more good stuff down there I’d like to get.”
Several weeks later, on 05/01/94, after drinking beer with friends, Damren returned with an accomplice, Jeff Chittam, to steal more equipment. The two burglarized the electrical shop in the maintenance barn. Chittam was discovered by an employee, Don Miller, but Damren sneaked up behind Miller and struck him with a steel pipe. Miller and Chittam both pleaded for Damren to spare Miller’s life, but after pacing the floor, Damren bludgeoned Miller to death with the steel pipe, striking him seven times on the head and four times on the body.
As Damren was dragging Miller’s body across the floor, Michael Knight, the shift supervisor, entered the building and yelled at Damren. Knight was acquainted with Damren due to the fact that he had lived in Knight’s neighborhood since childhood. Damren threatened Knight with the pipe, and Knight ran yelling from the building.
Knight identified Damren to the police and Damren was arrested. Further evidence linking Damren to the crime included testimony from several witnesses that Damren made incriminating statements to them about the murder. Also, blood stains on Damren’s pants matched Miller’s blood.
At the time of the murder, Damren had an extensive criminal record. The following is Damren’s prior prison history, covering periods of incarceration with the Florida Department of Corrections.
Codefendant Information:
Chittam was not charged and did not testify at trial. He was the victim of a separate homicide, for which Damren was also charged, convicted, and sentenced to a term of life imprisonment (Case# 95-1305).
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
|
|
11/24/1976 |
BURG/DWELL/OCCUP.CONVEY |
08/12/1977 |
ST. JOHNS |
|
15Y 0M 0D |
|
|
|
10/04/1979 |
BURG/DWELL/OCCUP.CONVEY |
12/18/1979 |
CLAY |
|
5Y 0M 0D |
|
|
|
03/30/1984 |
GRAND THEFT,$300 LESS &20,000 |
06/08/1984 |
CLAY |
8400264 |
2Y 6M 0D |
|
|
|
04/08/1989 |
COCAINE-POSSESS |
08/03/1989 |
CLAY |
8900325 |
2Y 0M 0D |
|
|
|
06/21/1989 |
COCAINE-POSSESS |
08/03/1989 |
CLAY |
8900586 |
2Y 0M 0D |
|
|
|
06/21/1989 |
OBSTRUCT CRIME INVESTIGATION |
08/03/1989 |
CLAY |
8900586 |
2Y 0M 0D |
|
|
|
12/22/1991 |
MARIJUANA-POSSESS |
01/30/1992 |
CLAY |
9101558 |
3Y 0M 0D |
|
|
Trial Summary:
05/10/94 Indicted on the following charges:
Count I First-Degree Murder
Count II Armed Burglary
Count III Aggravated Assault
05/17/95 Jury returned guilty verdicts on all counts of the indictment
05/18/95 Jury recommended a death sentence by a vote of 12-0
05/25/95 Sentenced as follows:
Count I First-Degree Murder – Death
Count II Armed Burglary – Life imprisonment
Count III Aggravated Assault – 10 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 86,003
696 So. 2d 709
05/17/96 Appeal filed
05/08/97 FSC affirmed convictions and sentences
07/08/97 Rehearing denied
08/07/97 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 97-6428
522 U.S. 1054
10/06/97 Petition filed
01/12/98 USSC denied petition
Circuit Court – 3.851 Motion
CC# 94-537
11/18/98 Motion filed
06/20/01 Circuit Court denied motion
Florida Supreme Court – 3.851 Motion Appeal
FSC# 01-1469
838 So. 2d 512
07/05/01 Appeal filed
01/23/03 FSC affirmed denial of the motion
02/24/03 Mandate issued
Florida Supreme Court – Petition Writ of Habeas Corpus
FSC# 01-2808
838 So. 2d 512
12/19/01 Petition filed
01/23/03 FSC denied petition
02/24/03 Mandate issued
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 03-397
452 F. Supp 2d 1203
(Pending)
04/20/04 Petition filed
01/21/09 USDC dismissed the petition
07/08/10 Order dismissing habeas petition vacated and remanded from the USCA
United States Court of Appeals, 11th Circuit, − Habeas Appeal
USCA# 09-10965
02/19/09 Appeal filed
07/08/10 Vacated order dismissing habeas petition and remanded to the USDC
Case Information:
On 05/17/96, Damren filed a Direct Appeal with the Florida Supreme Court, citing the following trial court errors: admission of similar-fact evidence; failure to give adequate jury instruction; overruling Damren’s objection to prosecutor comments; admission of victim impact evidence; admission of Chittam’s hearsay statements; finding that the murder was heinous, atrocious, or cruel and cold, calculated, and premeditated; failure to find certain mitigation; and imposing a sentence that is disproportionate compared to other crimes. On 05/08/97, the FSC affirmed Damren’s convictions and sentences.
On 10/06/97, Damren filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which was denied on 01/12/98.
On 11/18/98, Damren filed a 3.851 Motion with the Circuit Court, which was denied on 06/20/01.
On 07/05/01, Damren filed a 3.851 Motion Appeal with the Florida Supreme Court, citing ineffective assistance of counsel. The FSC affirmed the denial of the 3.851 Motion on 01/23/03.
On 12/19/01, Damren filed a Petition Writ of Habeas Corpus with the Florida Supreme Court, citing issues of ineffective assistance of counsel; improper admission of hearsay statements; and vagueness of the heinous, atrocious, or cruel aggravating circumstance. On 01/23/03, the FSC denied the Habeas Petition.
On 04/20/04, Damren filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, which was dismissed with prejudice on 01/21/09. On 02/19/09, Damren filed a Habeas Appeal with the U.S. Court of Appeals. On 07/08/10, the USCA vacated the USDC order dismissing the habeas petition and remanded the case to allow the USDC to reconsider its decision in light of Holland v. Florida. The case is pending in the USDC.
________________________________________________________________________
Report Date: 03/31/03 JFL
Approved: 04/01/03 WS
Updated: 08/02/10 KKR