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.
LIGHTBOURNE, Ian Deco (B/M)
DC# 078081
DOB: 12/11/59
Fifth Judicial Circuit, Marion County Case# 81-170-CF-A-01
Sentencing Judge: The Honorable William T. Swigert
Attorney, Trial: Ronald E. Fox & James H. Burke, Jr. – Assistant Public Defenders
Attorney, Direct Appeal: Jerry T. Lockett – Special Assistant Public Defender
Attorney, Collateral Appeals: Todd G. Scher & Suzanne Keffer – CCRC-S
Date of Offense: 01/16/81
Date of Sentence: 05/01/81
Circumstances of Offense:
On 05/01/81, Ian Deco Lightbourne was convicted and sentenced to death for the first-degree murder of Nancy O’Farrell.
According to the facts of the 02/18/81 indictment, the murder occurred on the night of 01/17/81. Lightbourne pried open and broke the window screen of O’Farrell’s home. He took some of the victim’s belongings, which included a necklace, a small silver bank and some money. Sources revealed that Lightbourne admitted to surprising O’Farrell with the intrusion and forced her to submit to sexual relations. Since he knew the victim personally, Lightbourne killed O’Farrell in order to avoid identification and arrest. Lightbourne shot O’Farrell on the left side of her face with a .25-caliber automatic pistol; a pillow was placed over O’Farrell’s face before the shot was fired. Medical experts claimed the victim bled to death.
According to trial sources, Lightbourne was discovered not long after the murder. Lightbourne was pulled over by a police officer, who was responding to an earlier anonymous phone call reporting a suspicious vehicle – the same one driven by Lightbourne. Once the officer discovered the .25-caliber pistol during a pat search, the officer arrested Lightbourne. During his indictment, medical experts testified that traces of sperm were found in the victim’s vagina and pubic hair was found at the scene of the crime that matched and connected Lightbourne to O’Farrell’s murder.
Additional Information:
Lightbourne’s sentencing included lesser charges of second- and third-degree murder and manslaughter.
Trial Summary:
02/18/81 Indicted as follows:
Count I: First-Degree Murder
04/25/81 Jury returned guilty verdicts on all counts of the indictment
05/01/81 Jury recommended death by a vote of 12-0
05/01/81 Sentenced as follows:
Count I: First-Degree Murder – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 60,871
438 So. 2d 380 (1983)
07/02/81 Appeal filed
09/15/83 FSC affirmed conviction and death sentence
12/09/83 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC# 83-5973
465 U.S. 1051; 104 S. Ct. 1330; 79 L. Ed. 2d 725 (1984)
12/23/83 Petition filed
02/21/84 Petition denied
State Circuit Court – 3.850 Motion
CC# 81-170-CF-A-01
05/31/85 Motion filed
05/31/85 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 67,100
471 So. 2d 27 (1985)
06/03/85 Appeal filed
06/03/85 FSC affirmed 3.850 Appeal
06/28/85 Mandate issued
United States District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 85-136
06/03/85 Petition filed
08/20/86 Petition denied
United States Court of Appeals –Habeas Appeal
USCA# 86-3643
829 F.2d 1012 (1987)
09/17/86 Letter filed
09/18/87 USCA affirmed Habeas relief
United States Supreme Court – Petition for Writ of Certiorari
USSC# 88-5342
488 U.S. 934; 109 S. Ct. 329; 102 L. Ed. 2d 346 (1988)
07/26/88 Petition filed
04/20/88 USSC recalled mandate and withdrew order denying rehearing
04/28/88 Order denied and mandate issued
10/31/88 Petition denied
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 73,609
549 So. 2d 1364 (1989)
01/27/89 Petition filed
07/20/89 Petition denied
State Circuit Court – 3.850 Motion
CC# 81-170-CF-A-01
01/30/89 Motion filed
01/31/89 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 73,612
549 So. 2d 1364 (1989)
01/31/89 Appeal filed
07/20/89 FSC remanded the case back to the trial court for an evidentiary hearing on one issue
10/23/89 Rehearing denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 89-6547
494 U.S. 1039; 110 S. Ct. 1505; 108 L. Ed. 2d 640 (1990)
01/19/90 Petition filed
03/19/90 Petition denied
State Circuit Court – 3.850 Motion
CC# 81-170-CF-A-01
07/24/91 Evidentiary hearing held
06/12/92 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 80,366
644 So. 2d 54 (1994)
08/24/92 Appeal filed
06/16/94 FSC affirmed the trial court’s denial of the 3.850 Motion
10/26/94 Rehearing denied and mandate issued
State Circuit Court – 3.850 Motion
CC# 81-170-CF-A-01
11/07/94 Motion filed
10/23/95 Evidentiary hearing held
06/19/96 Motion denied
11/15/96 Rehearing denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 94-7898
514 U.S. 1038; 115 S. Ct. 1406; 131 L. Ed. 2d 292 (1995)
01/28/95 Petition filed
03/27/95 Petition denied
Florida Supreme Court – 3.850 Appeal
FSC# 89,526
742 So. 2d 238 (1999)
12/13/96 Appeal filed
07/08/99 FSC reversed the trial court’s denial of 3.850 Motion
08/16/99 Mandate issued
State Circuit Court – 3.850 Motion
CC# 81-170-CF-A-01
12/02/99 Evidentiary hearing held
02/26/01 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 01-553
841 So. 2d 431 (2003)
03/12/01 Appeal filed
01/16/03 Appeal affirmed
03/21/03 Rehearing denied
04/21/03 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC# 03-5752
540 U.S. 1006, 124 S.Ct. 533, 157 L.Ed.2d 412
06/17/03 Petition filed
11/10/03 Petition denied
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 03-1058
889 So.2d 71 (2004)
06/18/03 Petition filed
08/17/04 Petition denied
09/01/04 Motion for rehearing filed
11/16/04 Rehearing denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 04-9809
125 S.Ct. 2917
02/14/05 Petition filed
06/20/05 Petition denied
State Circuit Court – 3.850 Motion
CC# 81-170CF-A
03/24/06 Motion filed
05/02/06 Order denying Lightbourne’s 3.850 Motion without evidentiary hearing
Florida Supreme Court – 3.850 Appeal
FSC# 06-1241
956 So.2d 456 (2007)
06/22/06 Appeal filed
12/14/06 Relinquished to CC regarding the legality of Florida’s lethal injection procedure
04/16/07 FSC affirmed the trial court’s denial of Lightbourne’s 3.850 Motion
Florida Supreme Court – All Writs
FSC# 06-2391
969 So.2d 326 (2007)
12/14/06 Petition filed
12/14/06 Relinquished to Circuit Court
09/10/07 All Writs Petition denied by Circuit Court.
11/01/07 Denial affirmed
11/05/07 Motion for rehearing filed
11/07/07 Motion for rehearing denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 07-10265
128 S.Ct. 2485
04/03/08 Petition filed
05/19/08 Petition denied
State Circuit Court – 3.851 Motion
81-170CF-A
(Pending)
11/29/10 Motion filed
Death Warrant:
05/09/85 Death warrant signed by Governor Robert Martinez and execution was scheduled to take place on 06/04/85.
06/03/85 Stay was granted – United States District Court, Northern District.
01/06/89 Another death warrant was issued and signed by Governor Robert Martinez, and execution was scheduled to take place on 02/01/89.
01/31/89 Stay was granted by the Florida Supreme Court.
Clemency Hearing:
05/10/84 Clemency hearing held and denied
Case Information:
On 07/02/81, Lightbourne filed a Direct Appeal to the Florida Supreme Court. There were numerous issues raised. First, Lightbourne claimed that the trial court erred in denying his motion to dismiss the indictment because the aggravating circumstances in the sentencing stage of capital felony cases ought to be alleged in the indictment in order for there to be jurisdiction for the court to impose death. Second, he claimed that the trial court erred in the unconstitutional imposition of his death sentence as it allegedly terminated judicial discretion at the sentencing of a capital felony case; the statutes on mitigating and aggravating circumstances are stated ambiguously, and the death sentence itself violated Florida’s death penalty statute. Third, Lightbourne claimed that the court erred by permitting Chavers and Carson’s testimony to take place, which was a violation of his privilege against self-incrimination under the Fifth and Sixth Amendments of the Constitution. Fourth, Lightbourne argued the court erred by denying his motion to suppress said items, which legitimated the officer’s pat-down, and stop and seizure. Fifth, Lightbourne claimed the court erred by admitting into evidence the police interrogation video, which showed him waiving his Miranda rights twice. Sixth, Lightbourne claimed that the trial court erred by denying his motion to impose sanctions as a result of the state’s failure to properly notify the defendant of a deposition to be taken of a listed state witness. Finally, he claimed that the court erred by imposing the death sentence where the more mitigating circumstances outweighed the aggravating circumstances. On 09/15/83, the Florida Supreme Court affirmed Lightbourne’s conviction and death sentence.
On 12/23/83, Lightbourne filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 02/21/84.
On 05/31/85, Lightbourne filed a 3.850 Motion to the Circuit Court, which was denied on that same day.
On 06/03/85, Lightbourne filed a 3.850 Appeal to the Florida Supreme Court, which was affirmed on 06/03/85 (the same day as the file date). The mandate was issued on 06/28/85.
Lightbourne filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District on 06/03/85, which was denied more than a year later on 08/20/86.
The United States Court of Appeals affirmed the denial of Lightbourne’s Habeas relief on 09/17/86.
On 07/26/88, Lightbourne filed a Petition for Writ of Certiorari, which was denied on 10/31/88. During the process of filing this petition, The Court recalled the mandate and withdrew his order denying rehearing on 04/20/88. On 04/28/88, the order was denied, but the mandate was issued.
The Florida Supreme Court received Lightbourne’s Petition for Writ of Habeas Corpus on 01/27/89, which was denied on 07/20/89. At the time of his petitioning, Lightbourne was filing for a motion for stay and counsel pro hac vice.
On 01/30/89, Lightbourne filed a 3.850 Motion to the Circuit Court, which was denied on 01/31/89.
Lightbourne filed a 3.850 Appeal to the Florida Supreme Court on 01/31/89. The Court granted a stay and execution was pending further notice. On 07/20/89, the Court remanded for evidentiary hearing on one issue, which was the self-incriminating evidence provided by Lightbourne’s jailhouse cellmates. On 10/23/89, the Court denied Lightbourne’s motion for a rehearing.
On 01/19/90, Lightbourne filed for a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 03/19/90.
On 07/24/91, an evidentiary hearing was held at the Circuit Court. The 3.850 Motion then was denied on 06/12/92.
Then, on 08/24/92, Lightbourne filed a 3.850 Appeal to the Florida Supreme Court, which was affirmed on 06/16/94. A rehearing was denied and a mandate was issued on 10/26/94. During the petitioning process, Lightbourne filed numerous motions for an extension of time.
On 11/07/94, Lightbourne filed a 3.850 Motion to the Circuit Court, which was denied on 06/19/96. The rehearing was denied on 11/15/96.
On 01/28/95, Lightbourne filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 03/27/95.
Lightbourne filed a 3.850 Appeal to the Florida Supreme Court on 12/13/96. The denial was reversed on 07/08/99. While waiting for his appeal, Lightbourne filed for various motions to extend time and for an order for record supplementation. A mandate was issued on 08/13/99.
On 12/02/99, an evidentiary hearing was held at the Florida Supreme Court. The 3.850 Motion was denied on 02/26/01.
On 03/12/01, Lightbourne filed a 3.850 Appeal to the Florida Supreme Court. The prior denial of the motion was denied on 01/16/03. A rehearing was denied on 03/21/03 and a mandate was issued on 04/21/03.
On 06/17/03, Lightbourne filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 11/10/03.
Lightbourne filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 06/18/03, which was denied on 08/17/04. The rehearing was denied on 11/16/04.
On 02/14/05, Lightbourne filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 06/20/05.
On 03/24/06, Lightbourne’s 3.850 Motion was filed to the Circuit Court. On 05/02/06, the trial court issued an order, denying Lightbourne’s 3.850 Motion without an evidentiary hearing. Lightbourne raised the following two issues, which were denied by the lower court: (1) counsel notification issues and (2) the demand for lethal injection.
On 06/22/06, Lightbourne filed a 3.850 Appeal to the Florida Supreme Court. On 12/14/06, Lightbourne’s case was relinquished to the Circuit Court regarding the legality of Florida’s lethal injection procedures. On 04/16/07, the Court affirmed the trial court’s denial of Lightbourne’s 3.850 Motion.
On 12/14/06, Lightbourne filed a petition seeking to invoke the Florida Supreme Court’s All Writs jurisdiction. The Florida Supreme Court relinquished jurisdiction to the Circuit Court on 12/14/06. On 12/14/16, jurisdiction was relinquished to the Circuit Court in the All Writs Petition filed by Lightbourne in the Florida Supreme Court. The petition was denied 09/10/07 in an order that also terminated the temporary stay of execution ordered by the Florida Supreme Court on 07/22/07. On 11/01/07, the Florida Supreme Court issued an opinion affirmed the circuit court’s denial of Lightbourne’s All Writs Petition. On 11/05/07, Lightbourne filed a Motion for rehearing which was denied on 11/07/07.
On 04/03/08, Lightbourne filed a Petition for Writ of Certiorari in the United States Supreme Court. This petition was denied on 05/19/08.
Lightbourne filed a 3.851 Motion in the State Circuit Court on 11/29/10. This case is currently pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
--------- --- --------------------------- -------------------
10/17/89 30 DISOBEYING ORDER NEW RIVER "O" UNIT
10/27/89 60 DISOBEYING ORDER FLORIDA STATE PRISON
04/15/91 30 DISOBEYING ORDER FLORIDA STATE PRISON
04/18/91 30 DISOBEYING ORDER FLORIDA STATE PRISON
03/30/92 30 DISOBEYING ORDER FLORIDA STATE PRISON
05/06/92 0 DISOBEYING ORDER FLORIDA STATE PRISON
09/26/94 0 UNAUTH USE OF DRUGS UNION C. I.
12/31/94 0 DISOBEYING ORDER UNION C. I.
12/17/96 0 UNAUTH USE OF DRUGS UNION C. I.
07/23/97 0 MAIL VIOLATIONS UNION C. I.
01/06/99 0 FIGHTING UNION C. I.
05/03/02 0 POSS OF NARCOTICS UNION C. I.
06/16/04 0 REF. SUB. ABUSE TEST UNION C. I.
_______________________________________________________________________
Report Date: 10/18/04 NRC
Approved: 10/18/04 JFL
Updated: 03/21/11 EMJ