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. 

 

LAMARCA, ANTHONY (W/M)

DC#    071588

DOB:  06/16/55

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Sixth­ Judicial Circuit, Pinellas County Case# 95-20270

Sentencing Judge:  The Honorable Brandt D. Downey, III

Attorney, Trial:  Pro Se & Nora McClure - Standby Assistant Public Defender

Attorney, Direct Appeal:  Paul C. Helm – Assistant Public Defender

Attorney, Collateral Appeals:  Linda McDermott – Federal 

 

Date of Offense:  12/02/95

Date of Sentence:  02/20/98

 

Circumstances of the Offense:

 

On 12/02/95, Anthony LaMarca met his stepdaughter, Tonya Flynn, and her husband, Kevin Flynn, at a bar.  Around 7:45 p.m., Kevin left to drive LaMarca home.  At 8:30 p.m., LaMarca returned to the bar alone and told Tonya they needed to drive to a relative’s house in Hudson County to pick up Kevin.  When they arrived at the house, no one was home. Tonya claims that LaMarca then raped her and asked her to leave Florida with him.  He stated that her feelings for her husband would not last.  Tonya then called the police and reported the rape.  Police spotted LaMarca walking alongside the road but were unable to apprehend him because he took off running.   

 

Early in the morning of 12/03/95, the police arrived at LaMarca’s home.  They discovered Kevin Flynn’s body in the bedroom.  Bullet cases and blood splatters were found in the living room. A trail of blood led to the bedroom.

 

A neighbor testified to seeing LaMarca arrive at his house on the night of 12/02/95 with another man with whom he appeared to be arguing.  Another witness, Jeremy Smith, testified to LaMarca’s confession of murdering Kevin.  A prison inmate testified that while LaMarca was incarcerated with him for a different matter, he stated that when he was released he was going to kill Kevin Flynn. Although there was no medical evidence to support Tonya’s accusation of rape, testimony was provided stating that LaMarca had also raped his stepdaughter.

 

Prior Incarceration History in the State of Florida:

 

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

08/30/76

BURGUNOCCSTRUC/CV OR ATT.

12/10/79

MIAMI-DADE

 

6Y 0M 0D

02/16/84

SEX BAT/WPN. OR FORCE(ATTEMPTED)

10/25/84

MIAMI-DADE

8403780

15Y 0M 0D

02/16/84

KIDNAP;COMM.OR FAC. FELONY

10/25/84

MIAMI-DADE

8403780

22Y 0M 0D

 

 

Trial Summary:

 

01/24/96          Indicted as follows:

                                    Count I:           First-Degree Murder (Kevin Flynn)

11/06/97          Jury returned guilty verdicts on all counts of the indictment.

07/14/98          Jury recommended death by a vote of 11-1.

02/20/98          Sentenced as follows:

                                    Count I:           First-Degree Murder (Kevin Flynn) – Death

                                   

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 92,610

785 So.2d 1209 (2001)

 

03/19/98          Appeal filed.

03/08/01          FSC affirmed LaMarca’s conviction and sentence.

06/20/01          Mandate issued.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 01-5469

534 U.S. 925 (U.S. 2001)

 

07/26/01          Petition filed.

10/01/01          Petition denied.

 

Circuit Court – 3.851 Motion

CC# 95-20270

 

10/02/02          Motion filed.

09/11/03          Motion denied.

 

Florida Supreme Court – 3.851 Appeal

FSC# 03-1815

931 So.2d 838 (2006)

 

10/13/03          Appeal filed.

04/20/06          FSC affirmed the trial court’s order denying LaMarca’s 3.851 Motion.

06/07/06          Rehearing denied.

06/23/06          Mandate issued.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 04-847

931 So.2d 838 (2006)

 

05/17/04          Petition filed.

04/20/06          Petition denied.

06/07/06          Rehearing denied.

06/23/06          Mandate issued.

 

United States District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 06-1158

 

06/22/06          Petition filed.

06/23/06          Petition dismissed without prejudice and ordered to file amended petition.

07/13/06          Amended petition filed.

02/15/07          Second amended petition filed.

03/26/08          Third amended petition filed.

08/26/08          Petition denied.

 

United States Court of Appeals, 11th Circuit – Habeas Petition Appeal

USCA# 08-16775

568 F.3d 929

 

01/15/09          Appeal filed.

05/19/09          Appeal denied.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 09-6641

130 S.Ct. 783

 

09/19/09          Petition filed.

11/30/09          Petition denied.

 

Case Information:

 

On 03/19/98, LaMarca filed a Direct Appeal to the Florida Supreme Court.  LaMarca contended that evidence regarding the incident with his stepdaughter and the rape of his daughter, which was necessary for establishing premeditation and motivation, was withheld.  Also, evidence relevant to the daughter’s motive was erroneously withheld.   LaMarca also objected to the prosecutor’s discussion of LaMarca’s being in jail.   LaMarca also argued error in the court’s refusal to accept mitigating circumstances proffered by standby counsel and the disproportionality of the death sentence based on one aggravator.

 

LaMarca filed a Petition for Writ of Certiorari to the United States Supreme Court on 07/26/01.  The petition was denied on 10/01/01.

 

LaMarca filed a 3.851 Motion to the Circuit Court on 10/02/02.  The Motion was denied on 09/11/03.

 

On 10/13/03, LaMarca filed a 3.851 Appeal to the Florida Supreme Court.  On 04/20/06, the Court affirmed the trial court’s denial of all 22 claims made by LaMarca.  The Court addressed LaMarca’s three main claims:  (1) LaMarca has failed to overcome the strong presumption that his counsel rendered effective assistance as required by Strickland v. Washington, (2) he has failed to establish either a Brady or Giglio violation, and (3) his sentence is not unconstitutional, nor did the trial court abuse its discretion by allowing the prosecutor who represented the State in LaMarca’s trial conduct the evidentiary hearing.  The rehearing was denied on 06/07/06.  The mandate was issued on 06/23/06.

 

On 05/17/04, LaMarca filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was denied on 04/20/06.  The rehearing was denied on 06/07/06.  The mandate was issued on 06/23/06.

 

On 06/22/06, LaMarca filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District.  On 06/23/06, the petition was dismissed without prejudice, and the Court ordered LaMarca to file an amended petition.  The amended petition was filed on 07/13/06.  The second amended petition was filed on 02/15/07 and the third amended petition was filed on 03/26/08.  On 08/26/08, the Habeas petition was denied and the case was dismissed with prejudice.

 

On 01/15/09, LaMarca filed a Habeas Petition Appeal in the United States Court of Appeals, 11th Circuit.  This appeal was denied on 05/19/09.

 

LaMarca filed a Petition for Writ of Certiorari in the United States Supreme Court on 09/19/09. The petition was denied on 11/30/09.

 

Institutional Adjustment:

 

DATE

DAYS

VIOLATION

LOCATION

03/15/99

30

POSS OF CONTRABAND

FLORIDA STATE PRISON

________________________________________________________________________

 

Report Date:     10/26/04        DDK

Approved:        11/01/04         JFL

Updated:          04/29/10         EMJ