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 on for statistical or legal purposes.

CARD, James Armando, Sr. (W/M)

AKA: James T. Conte or Mike Johnson

DC #   081792

DOB: 10/16/46

Fourteenth Judicial Circuit, Bay County, Case #81-518

Sentencing Judge: The Honorable W. Fred Turner

Resentencing Judge: The Honorable Dedee Costello

Trial Attorneys: Thomas Ingles & Herbert Green – Assistant Public Defenders      

Attorney, Direct Appeal: Steven L. Bolotin – Assistant Public Defender

Attorney, Direct Appeal Resentencing: Steven L. Seliger, Esq. – Private

Attorney, Collateral Appeals: Clyde M. Taylor, Jr. – Registry & Pro Se

Offense Date:             06/03/81

Sentencing Date:         01/28/82

Resentencing Date:     06/21/99         

Circumstances of Offense:

James Card was convicted and sentenced to death for the murder of Janis Franklin on 06/03/81.

Janis Franklin, a clerk at Western Union in Panama City, was abducted from her office during a robbery on the afternoon of 06/03/81.  Franklin’s body, which was missing for over a day, was found about eight miles from the abduction site, off a dirt road in a secluded area.  Her throat had been cut and her fingers were severed almost completely through. 

James Card called his friend, Vicky Elrod, in the early morning of 06/03/81 and made plans to meet her with the intention of repaying the $50 he owed her.  Elrod met Card at 9:30 p.m. that night, and he repaid her the $50 from a stack of large bills. Card told her that he had robbed a Western Union station and killed the woman who worked there. He described fighting with the victim and stabbing her with his knife. He then drove her to a wooded area where he cut her throat saying, “Die, die, die.” Several days later, Elrod went to the authorities and told them the details of the murder. Card was then arrested.

Additional Information:

On 09/08/81, Card’s defense counsel filed a motion for change of venue due to the publicity surrounding the case.  The Honorable W. Fred Turner issued an order granting that motion on 09/30/81, and the case was transferred from Bay County (Fourteenth Circuit) to Okaloosa County (First Circuit). 

Prior Incarceration in the State of Florida:

Offense Date	Offense	Sentence Date	County	Case No.	Prison Sentence Length
10/30/1980	TRAFFIC IN STOLEN PROPERTY	03/26/1982	ESCAMBIA	8003489	15Y 0M 0D
10/30/1980	GRAND THEFT,$300 LESS &20,000	03/26/1982	ESCAMBIA	8003489	5Y 0M 0D
11/06/1980	POSS.FIREARM BY FELON	03/26/1982	ESCAMBIA	8003489	5Y 0M 0D

Trial Summary:

06/08/81          Defendant arrested.

07/08/81          Defendant indicted on the following:

                                    Count I:           First-Degree Murder

                                    Count II:         Armed Robbery

                                    Count III:        Kidnapping

09/30/81          Motion for change of venue granted.

01/22/82          The jury found the defendant guilty on all counts.

01/22/82          Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the

death penalty.

01/28/82          The defendant was sentenced as followed:

                                    Count I:           First-Degree Murder - Death

                                    Count II:         Armed Robbery - Life

                                    Count III:        Kidnapping – Life

08/19/97          State Circuit Court vacated Card’s death sentence and ordered a

resentencing following an examination of Card’s claim of improper

sentencing procedure.

06/21/99          Upon advisory sentencing, the new jury, by an 11 to 1 majority, voted for

the death penalty.  The defendant was resentenced as followed:

                                    Count I:           First-Degree Murder - Death

                                    Count II:         Armed Robbery - Life

                                    Count III:        Kidnapping – Life

Appeal Summary:

Florida Supreme Court - Direct Appeal

FSC #61,715

453 So. 2d 17

02/15/82          Appeal filed.

06/07/84          FSC affirmed the convictions and sentence of death.

07/19/84          Rehearing denied.

United States Supreme Court - Petition for Writ of Certiorari

USSC #84-5451

469 U.S. 989

09/19/84          Petition filed.

11/05/84          Petition denied.

State Circuit Court - 3.850 Motion & Application for Stay of Execution

CC #81-518

06/03/86          Motion and application filed.

06/03/86          Motion and application denied.

Florida Supreme Court - 3.850 Appeal

FSC #68,862

497 So. 2d 1169

06/03/86          Appeal filed.

10/09/86          FSC affirmed the Circuit Court’s denial of the 3.850 Motion.

12/22/86          Rehearing denied.

01/26/87          Mandate issued.

Florida Supreme Court - Petition for Writ of Habeas Corpus

FSC #68,846

497 So. 2d 1169

06/02/86          Petition filed.

10/09/86          Petition denied.

12/22/86          Rehearing denied.

01/26/87          Mandate issued.

United States Supreme Court - Petition for Writ of Certiorari

USSC #86-6599

481 U.S. 1059

03/23/87          Petition filed.

05/18/87          Petition denied.

United States District Court, Northern District - Petition for Writ of Habeas Corpus

USDC #87-40243

09/16/87          Petition filed.

07/01/88          Petition denied.

United States Court of Appeal, 11th Circuit - Habeas Corpus Appeal

USCA #88-3729

911 F.2d 1494

09/01/88          Appeal filed.

09/04/90          USCA affirmed in part and remanded in part. The District Court was

allowed 60 days to explain why no evidentiary hearing was held to

examine the issue of trial competency.

United States District Court, Northern District - Petition for Writ of Habeas Corpus (On Remand From USCA)

USDC #87-40243

09/06/90          Petition for Writ of Habeas Corpus was remanded by USCA to explore

why an evidentiary hearing was never held to examine Card’s

competency.

United States Court of Appeal, 11th Circuit - Habeas Corpus Appeal

USCA #88-3729

963 F.2d 1440

06/05/92          USCA affirmed the District Court’s denial of the Habeas Petition.

12/28/92          Rehearing denied.

10/22/93          Mandate issued by the United States Supreme Court affirming the USCA

and USDC decisions regarding Card’s Federal Habeas Petition.

State Circuit Court - 3.850 Motion

CC #81-518

03/11/92          Motion filed.

04/20/93          Motion denied.

United States Supreme Court - Petition for Writ of Certiorari

USSC #92-8897

510 U.S. 839

05/27/93          Petition filed.

10/04/93          Petition denied.

Florida Supreme Court - 3.850 Appeal

FSC #82,435

652 So. 2d 344

09/27/93          Appeal filed.

01/12/95          FSC remanded to the Circuit Court for an evidentiary hearing to examine

the sentencing procedure used during the penalty phase of Card’s trial.

State Circuit Court - 3.850 Motion (On Remand From FSC)

CC #81-518

01/12/95          3.850 Motion remanded by FSC to examine the sentencing procedure

during trial.

08/19/97          Circuit Court vacated Card’s death sentence and ordered a resentencing

based on an error committed during Card’s 1982 sentencing.

United States Supreme Court - Petition for Writ of Certiorari (By State)

USSC #96-5460

519 U.S. 899

08/02/96          Petition filed by the State.

10/07/96          Petition denied.

Florida Supreme Court - Direct Appeal Resentencing

FSC #SC00-182

803 So.2d 613

08/18/00          Appeal filed.

10/11/01          FSC affirmed the death sentence.

12/20/01          Rehearing denied and mandate issued.

United States Supreme Court - Petition for Writ of Certiorari

USSC #01-9152

536 U.S. 963

03/20/02          Petition filed.

06/28/02          Petition denied.

State Circuit Court - 3.851 Motion

CC #81-518

06/30/03          Motion filed.

04/02/04          Motion amended.

06/09/06          Circuit Court denied motion.

State Circuit Court - 3.853 Motion

CC #81-518

01/05/05          Motion filed.

11/17/05          Circuit Court denied motion.

Florida Supreme Court − 3.851 & 3.853 Motions Appeal

FSC# 06-1383

992 So. 2d 810

07/12/06          Appeals filed.

07/10/08          Appeals denied.

Florida Supreme Court − 3.850 Appeal

FSC# 07-2466

12/31/07          Appeal filed.

05/01/08          Appeal dismissed.

United States District Court, Northern District - Petition for Writ of Habeas Corpus

USDC# 08-448

10/14/08          Petition filed.

11/23/10 Petition denied.

United States Court of Appeal, 11th Circuit - Habeas Corpus Appeal

USCA #11-10123

(Pending)

12/22/10 Appeal filed.

Warrants:

05/07/86          Death Warrant signed by Governor Bob Graham.

06/03/86          Florida Supreme Court granted a stay of execution.

08/18/87          Death Warrant signed by Governor Bob Martinez.

09/16/87          United States District Court, Northern District, granted a stay of

execution.

Clemency:

03/20/86          Clemency hearing held (denied).

Factors Contributing to the Delay in the Imposition of the Sentence:

After spending over 10 years on death row and filing numerous motions/appeals, Card filed a Motion to Vacate Judgment and Sentence (3.850) in the State Circuit Court to examine the sentencing procedure used during the penalty phase of his trial.  The State Circuit Court granted the motion on remand from the Florida Supreme Court, which resulted in a new sentencing proceeding.  Card’s sentence was vacated in 1997, and he was resentenced to death on 06/21/99, two years later.  Card’s 3.851 Motion was pending from 06/30/03 – 06/09/06. 

Case Information:

Card filed a Direct Appeal in the Florida Supreme Court on 02/15/82.  In that appeal, Card argued that the trial court erred in failing to admit proffered testimony, which he claimed was exculpatory, and could have offered an alternative explanation for the crime.  Card also contended that the court erred in its application of several aggravating factors.  Upon consideration of issues raised, the Florida Supreme Court affirmed the convictions and sentence of death on 06/07/84.

On 09/19/84, Card filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 11/05/84.

On 05/07/86, Governor Bob Graham signed a death warrant, and the execution was set for 06/04/86. 

Card filed a Motion to Vacate Judgment and Sentence (3.850) in the State Circuit Court on 06/03/86, which was denied on the same day. 

Card filed a 3.850 Appeal and a Petition for Writ of Habeas Corpus in the Florida Supreme Court after the denial of his 3.850 Motion in the Circuit Court.  The Florida Supreme Court issued an emergency stay of execution on 06/03/86, in order to take sufficient time to review Card’s new filings.  The Supreme Court denied all relief on 10/09/86, by affirming the denial of the 3.850 Appeal and denying the Habeas Petition. 

On 03/23/87 Card filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 05/18/87.

Governor Bob Martinez signed a second death warrant on 08/18/87.

Card filed a Federal Petition for Writ of Habeas Corpus in the United States District Court, Northern District, on 09/16/87.  The District Court granted a stay of execution on 09/16/87 in order to examine Card’s petition.  On 07/01/88, the District Court denied Card’s Habeas Petition and vacated the stay of execution. 

Card filed an appeal of the District Court’s decision in the United States Court of Appeal for the 11th Circuit on 09/01/88.  On 09/04/90, upon examination of Card’s case, the Court of Appeals affirmed in part, but remanded for an evidentiary hearing regarding the examination of Card’s trial competency. 

The District Court again denied relief on 10/22/93 after holding an evidentiary hearing on the aforementioned matter and the Court of Appeals affirmed that decision on appeal. 

On 10/04/93, the United States Supreme Court denied Card’s Petition for Writ of Certiorari.

On 03/11/92, Card filed a second 3.850 Motion, which was denied on 04/20/93.  On appeal, the Florida Supreme Court remanded for an evidentiary hearing to examine the sentencing practices in the penalty phase of Card’s trial.  In examining this issue, the Circuit Court found improper sentencing procedure, vacated Card’s death sentence and remanded for resentencing. 

The United States Supreme Court denied Certiorari on 10/07/96.

Card was resentenced to death on 06/21/99.  He again filed a Direct Appeal in the Florida Supreme Court claiming that the resentencing judge erred in not recusing herself, and the court erred in its application of aggravating factors and negation of mitigating evidence. Card also contended that the State’s closing statement was unfair and prejudiced the advisory sentencing of the jury.  The Florida Supreme Court affirmed the death sentence on 10/11/01.

Card then filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 06/28/02.

Card filed a 3.851 Motion in the State Circuit Court on 06/30/03, which was amended on 04/02/04.  On 06/09/06, the motion was denied.

Card filed a 3.853 Motion in the State Circuit Court on 01/05/05, which was denied on 11/17/05. 

Card filed a 3.851 Motion Appeal and a 3.853 Motion Appeal in the Florida Supreme Court on 07/12/06, both of which were denied on 07/10/08.

Card filed a 3.850 Motion Appeal in the Florida Supreme Court on 12/31/07 that was dismissed on 05/01/08.

Card filed a Petition for Writ of Habeas Corpus in the United States District Court, Northern District, on 10/14/08. This petition was denied on 11/23/10.

Card filed a Habeas Corpus Appeal in the United States Court of appeals for the 11^th district on 12/22/10. That appeal is pending.

Institutional Adjustment: 

 DATE            DAYS             VIOLATION                                     LOCATION        

 07/16/86         0                      SPOKEN THREATS                         FSP 

 09/11/86         30                    FIGHTING                                         FSP

 09/29/91         30                    SPOKEN THREATS                         FSP

 01/09/92         0                      DISOBEYING ORDER                    FSP

________________________________________________________________________

12/19/01 – ew

01/08/02 – approved – ws

01/26/11 – updated – jjk