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. 

 

HUFF, James (W/M)

DC#    075985

DOB: 10/29/45

 

Fifth Judicial Circuit, Sumter County Case # 80-94

Sentencing Judge: The Honorable L.R. Huffstetler

Attorney, Trial: Stan Cushman – Private

Attorney, Retrial: Mark Hill & Carla Pepperman – Private

Attorney, Direct Appeal: Robert Williams & Christopher Smith – Private

Attorney, Direct Appeal (after retrial): Christopher Quarles – Assistant Public Defender

Attorney, Collateral Appeals:  Frederick Vollrath – Private

 

Date of Offense:         04/21/80

Date of Sentence:       11/06/80

Date of Resentence:    06/02/84

 

 

Circumstances of Offense:

 

On 04/21/80, Norman and Genevieve Huff were found shot to death in a remote area of Sumter County.  The victims’ son, James Huff, was the first person to report the killing of his parents to a nearby resident.  Huff told the resident that some men had run their car off the road, knocked him unconscious, and robbed and murdered his parents. 

 

The cause of death for Mr. Huff was a gunshot wound to the left side of the head, in addition to other bullet wounds to the left eye and right hand.  The cause of death for Mrs. Huff was a combination of blunt trauma injury to the back of the head and a gunshot wound in the neck.  Additionally, two other bullet wounds were found in Mrs. Huff’s head. 

 

 

Additional Information:

 

Huff died of natural causes (cancer) on 04/30/01, while in the custody of the Florida Department of Corrections. 

 

 

Trial Summary:

 

06/02/80          Indicted as follows:

                                    Count I:           First-Degree Murder

                                    Count II:         First-Degree Murder

11/01/80          Jury returned guilty verdicts on all counts of the indictment

11/03/80          Jury recommended death by a majority vote

11/06/80          Sentenced as follows:

                                    Count I:           First-Degree Murder – Death

                                    Count II:         First-Degree Murder – Death

06/01/84          Jury returned guilty verdicts on all counts of the original indictment

06/02/84          Huff waived a jury recommendation and was resentenced to death

 

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 59,989

437 So.2d 1087

 

12/01/80          Appeal filed

09/01/83          FSC reversed convictions and vacated death sentences

10/07/83          Mandate issued

 

Florida Supreme Court – Direct Appeal (after retrial)

FSC# 65,695

495 So.2d 145

 

08/01/84          Appeal filed

08/28/86          FSC affirmed convictions and sentences

10/27/86          Rehearing denied

12/02/86          Mandate issued

 

Circuit Court – 3.850 Motion

CC# 80-94

 

12/05/88          Motion filed

03/15/89          CC struck Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 74,201

569 So.2d 1247

 

05/04/89          Appeal filed

10/11/90          FSC remanded the Motion for reconsideration

11/15/90          Mandate issued

Circuit Court – 3.850 Motion (after remand)

CC# 80-94

 

09/09/91          CC denied Motion

 

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

USDC# 91-1481

 

10/18/91          Petition filed

02/13/92          USDC dismissed Petition

 

Florida Supreme Court – 3.850 Motion Appeal (after reconsideration)

FSC# 79,276

622 So.2d 982

 

01/27/92          Appeal filed

07/01/93          FSC reversed the strike of 3.850 Motion

09/03/93          Rehearing denied and Mandate issued

 

Circuit Court – 3.850 Motion (after reversal)

CC# 80-94

 

09/03/93          Motion filed

11/08/96          Motion amended

10/27/97          CC denied Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 91,913

762 So.2d 476

 

12/01/97          Appeal filed

05/25/00          FSC affirmed denial of 3.850 Motion

07/25/00          Rehearing denied

08/24/00          Mandate issued

 

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

USSC# 00-6444

531 U.S. 1082

 

10/06/00          Petition filed

01/08/01          USSC denied Petition

 

 

Clemency Hearing:

 

12/07/87          Clemency hearing held (denied). 

Factors Contributing to the Delay in Imposition of Sentence:

 

The case was remanded several times, thus resulting in the delay.  Also, the 3.850 Motion was pending from 09/03/93 until 10/27/97.

 

 

Case Information:

 

Huff filed a Direct Appeal with the Florida Supreme Court on 12/01/80, citing the following errors: admitting circumstantial evidence as proof of guilt, excluding character evidence, denying a motion for mistrial for prosecution comments during closing arguments, and excluding crime scene photographs.  On 09/01/83, the FSC reversed the convictions, vacated the death sentences, and remanded the case to the circuit court. 

 

Huff was convicted and resentenced to death on 06/02/84. 

 

Huff filed a Direct Appeal with the Florida Supreme Court on 08/01/84, citing the following trial court errors:  excluding a defense expert witness; improper comments by the judge, failing to suppress an inculpatory statement, allowing opinion testimony from witnesses, failing to grant a motion for acquittal, and taking judicial notice of the proceedings from the first trial.  On 08/28/86, the FSC affirmed the convictions and sentences. 

 

Huff filed a 3.850 Motion with the Circuit Court on 12/05/88 that was denied on 03/15/89. 

 

Huff filed a 3.850 Motion Appeal with the Florida Supreme Court on 05/04/89, citing error on the part of the court for striking the Motion as untimely and filed by an attorney who is not a member of the Florida Bar.  On 10/11/90, the FSC remanded the Motion to the Circuit Court for reconsideration. 

 

The Circuit Court denied the 3.850 Motion on 09/09/91. 

 

Huff filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 10/18/91 that was dismissed on 02/13/92. 

 

Huff filed a 3.850 Motion Appeal with the Florida Supreme Court on 01/27/92, citing due process violations.  On 07/01/93, the FSC ruled that the Circuit Court erred by not allowing Huff a hearing to determine if an evidentiary hearing should be held for the Motion.  The denial of the 3.850 Motion was reversed and remanded to the Circuit Court. 

 

Huff filed a 3.850 Motion with the Circuit Court on 09/03/93 and amended the Motion on 11/08/96.  The 3.850 Motion was denied on 10/27/97. 

 

Huff filed a 3.850 Motion Appeal with the Florida Supreme Court on 12/01/97, citing the following errors:  failing to find counsel ineffective, finding that Huff was not entitled to an evidentiary hearing on all issues, and failing to allow newly appointed counsel to file another amended motion.  On 05/25/00, the FSC affirmed the denial of the 3.850 Motion. 

 

Huff filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 10/06/00 that was denied on 01/08/01. 

 

Huff died of natural causes (cancer) on 04/30/01, while in the custody of the Florida Department of Corrections. 

 

 

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       

09/30/99               0                              DISRESP.TO OFFICIALS                 UNION C. I.         

________________________________________________________________________

 

Report Date:   06/16/04          JFL

Approved:       06/21/04          EW