The Commission on Capital Cases updates this information regularly

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.

DUEST, Lloyd (W/M)

DC# 089061

DOB: 10/27/51

Seventeenth Judicial Circuit, Broward County Case # 82-4283

Sentencing Judge: The Honorable Patricia W. Cocalis

Resentencing Judge: The Honorable Judge Susan Lebow

Attorney, Trial: Evan Baron – Private

Attorney, Direct Appeal: R.E. Conner – Private

Attorney, Collateral Appeals: Todd Scher – CCRC-S

Date of Offense: 02/15/82

Date of Sentence: 04/14/83

Date of Resentence: 10/26/00

Circumstances of Offense:

On 02/15/82, witnesses saw Lloyd Duest carrying a knife in the waistband of his pants. Later that day, he told a witness that he was going to a gay bar to “roll a fag.” Duest was later seen at a bar with the victim, John Pope, and the two later left in Pope’s gold Camaro. When Pope’s roommate, David Shifflett, returned home, he found the house unlocked, the lights on, the stereo on with the volume turned up, and blood on the bed. The roommate called the Sheriff’s Department, and when the deputy sheriff arrived, Pope was found on the bathroom floor in a pool of blood, having suffered multiple stab wounds.

At trial, Duest presented documentary and testimonial evidence that he was in Massachusetts on the day of the murder and did not arrive in Florida until 04/05/82. At trial, the State presented testimony from seven witnesses who claimed that they had seen Duest with John Pope in the hours before his death.

Trial Summary:

05/21/82 Indicted on one count of First-Degree Murder

03/18/83 Jury returned a guilty verdict

03/19/83 Jury recommended a death sentence by a vote of 7-5

04/14/83 Sentenced to death

10/14/98 Jury recommended a death sentence by a vote of 10-2

10/26/00 Resentenced to death

Additional Information:

Duest had prior convictions in Massachusetts for Armed Robbery and Armed Assault with Intent to Murder. The trial court used these convictions as aggravating circumstances in its sentencing order of 04/24/83.

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 63,678

462 So. 2d 446

05/16/83 Appeal filed

01/10/85 FSC affirmed conviction and sentence

02/19/85 Rehearing denied and Mandate issued

Circuit Court – 3.850 Motion

CC# 82-4283

02/19/87 Motion filed

01/05/90 Motion denied

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 75,039

555 So. 2d 849

11/17/89 Petition filed

01/18/90 FSC denied the Petition for Writ of Habeas Corpus

Florida Supreme Court – 3.850 Motion Appeal

FSC# 75,254

555 So. 2d 849

01/11/90 Appeal filed

01/18/90 FSC affirmed the lower court’s denial of the 3.850 Motion

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

USDC# 90-6045

01/18/90 Petition filed

09/19/90 USDC denied Petition

U.S. Court of Appeals, 11th Circuit – Habeas Appeal

USCA# 90-6009

967 F. 2d 472

12/03/90 Appeal filed

07/15/92 USCA affirmed conviction, but vacated sentence and remanded to the

USDC for reconsideration

U.S. Supreme Court – Petition for Writ of Certiorari (filed by State)

USSC# 92-1163

507 U.S. 1048

01/04/93 Petition filed

04/26/93 USSC granted Petition, vacated judgment of USCA, and remanded the case to the USCA for reconsideration

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

USSC# 92-7425

507 U.S. 1034

01/28/93 Petition filed

04/19/93 USSC denied Petition

U.S. Court of Appeals, 11th Circuit – Reconsideration of Habeas Appeal

USCA# 90-6009

997 F. 2d 1336

07/29/93 USCA vacated sentence and remanded to the USDC for reconsideration

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

USSC# 93-7310

510 U.S. 1133

12/29/93 Petition filed

02/22/94 USSC denied Petition

U.S. Supreme Court – Petition for Writ of Certiorari (filed by State)

USSC# 93-1051

510 U.S. 1141

12/29/93 Petition filed

02/22/94 USSC denied Petition

U.S. District Court, Southern District – Reconsideration of Habeas Petition

USDC# 90-6045

03/15/94 USDC granted Petition and vacated death sentence

Florida Supreme Court – Direct Appeal (after resentencing)

FSC# 00-2366

855 So. 2d 33

11/06/00 Appeal filed

06/26/03 FSC affirmed sentence

09/08/03 Rehearing denied and Mandate issued

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

USSC# 03-8841

541 U.S. 993

12/06/03 Petition filed

04/19/04 USSC denied Petition

Circuit Court – 3.851 Motion

CC# 82-4283

04/15/05 Motion filed

06/09/06 Evidentiary Hearing held

12/21/06 CC denied motion

Florida Supreme Court – 3.851 Motion Appeal

FSC# 07-162

01/29/07 Appeal filed

02/19/09 Appeal denied

07/13/09 Mandate issued

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

USDC# 09-61045

07/15/09 Petition filed

09/14/10 Petition denied

U.S. Court of Appeals, 11th Circuit – Habeas Appeal

USCA# 10-148231

10/14/10 Appeal filed

11/23/10 Certificate of Appealability granted in part

Death Warrant Information:

10/18/89 Governor Bob Martinez signed a death warrant and execution was set for 01/16/90

11/17/89 FSC granted a stay of execution

01/18/90 FSC vacated the stay of execution

01/19/90 USDC granted a stay of execution

Clemency Hearing:

06/17/87 Clemency hearing held (denied)

Factors Contributing to the Delay in Imposition of Sentence:

The delay appears to arise from Duest’s multiple Habeas Petitions at both the federal and state level, as well as his resentencing.

Case Information:

Duest filed a Direct Appeal with the Florida Supreme Court on 05/16/83, citing the following errors: allowing testimony of two state witnesses, failing to grant a mistrial for the prosecutor insulting defense counsel during cross-examination of a state witness, lacking sufficient evidence of premeditated murder, admitting a prejudicial photograph into evidence, and improper finding of aggravating and mitigating circumstances. The FSC affirmed Duest’s conviction and sentence on 01/10/85.

Duest filed a 3.850 Motion with the Circuit Court on 02/19/87 that was denied on 01/05/90.

Duest filed a Petition for Writ of Habeas Corpus on 11/17/89 with the Florida Supreme Court, raising numerous claims of ineffective assistance of counsel. The FSC denied the Habeas Petition on 01/18/90.

Duest filed a 3.850 Motion Appeal on 01/11/90 with the Florida Supreme Court, raising numerous claims, but the FSC only discussed two: failure of the State to provide exculpatory evidence to the defense and Duest was deserving of a new sentencing hearing due to his Massachusetts conviction for armed assault being overturned, which was used by the trial court as an aggravating circumstance. In addition, the FSC rejected Duest’s seven claims of ineffective assistance of counsel. On 01/18/90, the FSC affirmed the trial court’s denial of the 3.850 Motion.

Duest filed a Petition for Writ of Habeas Corpus with the U.S. District Court for the Southern District of Florida on 01/18/90, claiming twenty-five issues. The USDC denied the Habeas Petition on 09/19/90.

Duest filed an appeal of the Writ of Habeas Corpus denial with the U.S. Court of Appeals on 12/03/90. On 07/15/92, the USCA affirmed Duest’s conviction, but vacated the death sentence and remanded the case to the USDC for reconsideration. The court found that Duest’s death sentence should be vacated due to Duest’s Massachusetts conviction, which was used as an aggravating circumstance in his Florida death sentence, was later overturned by a Massachusetts court.

The State of Florida filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/04/93. On 04/26/93, the USSC granted the Petition, vacated the judgment of the USCA, and remanded the case to the USCA for reconsideration.

Duest filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/28/93 that was denied on 04/19/93.

On 07/29/93, the USCA again vacated the death sentence and remanded the case to the USDC for reconsideration.

Duest filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/29/93 that was denied on 02/22/94.

The State of Florida filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/29/93 that was denied on 02/22/94.

On 03/15/94, the USDC granted the Habeas Petition and vacated Duest’s death sentence.

Duest was resentenced to death on 10/26/00.

Duest filed a Direct Appeal with the Florida Supreme Court on 11/06/00, citing the following errors: failure of the State to disclose exculpatory evidence; improperly excluding evidence and testimony; erroneously finding the heinous, atrocious, or cruel aggravating circumstance; and failure to find mental health mitigating circumstances. On 06/26/03, the FSC affirmed the death sentence.

Duest filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/06/03 that was denied on 04/19/04.

Duest filed a 3.851 Motion with the Circuit Court on 04/15/05. On 06/09/06, an Evidentiary Hearing was held, and on 12/21/06, the Circuit Court denied the motion.

Duest filed a 3.851 Motion Appeal with the Florida Supreme Court on 01/29/07 that was denied on 02/19/09. The Florida Supreme Court issued a mandate on 07/13/09.

Duest filed a Petition for Writ of Habeas Corpus with the United States District Court, Southern District, on 07/15/09. The petition was denied on 09/14/10.

On 10/14/10, Duest filed a Habeas appeal with the USCA. On 11/23/10, the USCA granted, in part, Duest’s Certificate of Appealability.

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

06/23/86 60 POSS OF WEAPONS FLORIDA STATE PRISON

02/15/92 60 DISOBEYING ORDER FLORIDA STATE PRISON

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Report Date: 04/30/03 JFL

Approved: 05/12/03 WS

Updated 12/09/10 JJK