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.

 

TOMPKINS, Wayne (W/M)

DC#     099350

DOB:   03/12/57

 

Thirteenth Judicial Circuit, Hillsborough County, Case #84-10538 A

Sentencing Judge: The Honorable Harry Lee Coe III

Trial Attorney: Daniel M. Hernandez

Direct Appeal: Robert F. Moeller

Collateral Appeals: Martin McClain and Todd Scher – CCRC-S

 

Date of Offense: 03/24/83

Date of Sentence: 09/19/85

Date of Execution: 02/11/09

 

Circumstances of Offense:

 

Approximately two years prior to the offense, the defendant had lived with the sixteen- year- old victim’s mother and her other children. The relationship between the defendant and the victim’s mother, his girlfriend, was characterized as a difficult relationship.

 

On the day of the offense, the victim’s mother and the defendant were at the defendant’s mother’s house assisting her in packing to move.  The defendant went home several times during the day to obtain newspapers to use in packing. The defendant returned later in the day, after going home, and reported that the victim had “run away.”

 

The victim’s friend, who went to the victim’s residence that day, stated she observed the defendant on top of the victim. She claimed the victim was struggling and screaming for help, and the subject was fondling her and pulling at her bathrobe.  The friend, however, did not report the incident to the police until the investigation was underway.

 

The defendant admitted to his cellmate, in 1985, that he forcefully attempted to have sexual intercourse with the victim, who resisted his advances and fought him. The defendant claimed that due to the victim’s resistance, he strangled her and then buried her under their residence. Medical testimony indicated that the cause of death was asphyxiation by strangulation.

 

On June 5, 1984, the decomposed body was found buried underneath the residence.


Additional Information:

 

Current Prison Sentence History:

Offense Date

Offense

Sentence Date

County

Case No.

Sentence Length

05/13/84

KIDNAP;COMM.OR FAC.FELONY

11/29/84

PASCO

8401131

8 Years

05/13/84

SEX BAT/ WPN. OR FORCE

11/29/84

PASCO

8401131

8 Years

04/07/84

ROBB. GUN/DEADLY WPN

01/14/85

PASCO

8401137

9 Years

04/07/84

KIDNAP;COMM.OR FAC.FELONY

01/14/85

PASCO

8401137

9 Years

04/07/84

SEX BAT/COERCES BY THREAT

01/14/85

PASCO

8401137

9 Years

 

The subject was arrested and convicted of two additional felony offenses and sentenced prior to the capital offense.  Please note the subject’s sentence for the above-referenced cases has expired.

 

On May 13, 1984, the subject robbed a convenience store clerk at knifepoint and sexually assaulted her.

 

On April 7, 1984, the subject went into a convenience store and robbed the female clerk, abducted her at knifepoint and sexually assaulted her. 

 

Trial Summary:

 

05/30/84          Tompkins was arrested in Pasco County on other charges.

09/14/84          Tompkins was arrested on the murder charge after being transferred to the Hillsborough County Jail.

10/31/84          Court appointed Cass Michael Castillo as private counsel to represent Tompkins.

01/08/85          Court granted Motion to Withdraw filed by attorney Cass Michael Castillo as attorney Castillo accepted position with State Attorney’s Office.

04/22/85          Court granted Motion to Withdraw filed by attorney James V. Dominguez for personal reasons.

09/19/85          Tompkins was found guilty by the trial jury.

                                Upon Advisory Sentencing, the jury, by a vote of 12-0, recommended the death penalty.

09/19/85          The defendant was sentenced as follows:

                                                Count I:           Murder in the First Degree – Death

 

Appellate Summary:

 

Florida Supreme Court – Direct Appeal

FSC #67,974

502 So.2d 415

 

12/02/85          Appeal filed.

12/30/86          FSC affirmed the conviction and sentence of death.

03/09/87          Motion for rehearing denied.

04/09/87          Mandate issued.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #86-6921

483 U.S. 1033

 

05/27/87          Petition filed.

06/26/87          USSC denied the petition.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #74,098

549 So.2d 1370

 

05/01/89          Petition filed.

09/14/89          FSC denied petition.

11/06/89          FSC denied Motion for Rehearing.

11/06/89          Mandate Issued.

 

State Circuit Court – 3.850 Motion

CC #84-10538A

 

05/01/89          Motion filed.

05/22/89          Motion denied.

 

Florida Supreme Court – Appeal of 3.850 Denial

FSC #74,235

594 So.2d 1370

 

05/30/89          Appeal filed.

09/14/89          FSC affirmed the Trial Court’s denial of 3.850 Motion.

11/06/89          Motion for rehearing denied.

11/06/89          Mandate issued.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #89-6166

493 U.S. 1093

 

11/30/89          Petition filed.

02/20/90          USSC denied petition.

 

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

USDC #89-1638-Civ-T-21B

 

12/11/89          Petition filed.

04/17/98          USDC denied petition.

08/25/98          USDC denied motion for rehearing.

 

United States Court of Appeals (11th Circuit) – Appeal of Habeas Denial

USCA #98-3367

193 F. 3d 1327

 

09/30/98          Appeal filed.

10/29/99          USCA affirms the District Court’s denial of the Habeas Petition

01/14/00          USCA denied motion for rehearing.

01/25/00          Mandate Issued.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #99-10113

531 U.S. 861

 

06/12/00          Petition filed.

10/02/00          Petition denied.

 

State Circuit Court – 3.850 Motion

CC #84-10538A

 

04/16/01          Motion filed.

04/18/01          Evidentiary hearing held.

04/25/01          Motion granted in part denied in part. New penalty phase granted.

 

Florida Supreme Court, Appeal of 3.850 Denial

FSC# 01-1619

872 So.2d 230 (2003)

 

07/27/01          Appeal filed.

10/09/03          FSC affirmed the portion denying the 3.850 motion and reversed the portion granting a new penalty phase.

07/26/04          Mandate issued.

 

State Circuit Court – 3.850 Motion

CC #84-10538A

 

02/05/03          Motion filed.

08/22/03          Motion dismissed.

 

State Circuit Court – 3.853 Motion

CC #84-10538A

 

02/05/03          Motion filed.

08/22/03          Motion dismissed.

 

Florida Supreme Court – 3.853 Motion Appeal

FSC# 03-1902

894 So. 2d 857

 

10/24/03          Appeal filed.

01/20/05          FSC affirmed the denial of Tompkins 3.853 Appeal.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 04-519

895 So. 2d 1068

 

03/26/04          Appeal filed.

12/21/04          Appeal denied.

 

Circuit Court – 3.850 Motion

84-10538A

 

03/18/05          Motion filed.

10/05/05          Motion denied.

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 06-277

980 So.2d 451

 

02/10/06          Appeal filed.

05/10/07          FSC affirmed denial of motion.

07/16/07          Rehearing denied.

08/02/07          Mandate issued.

 

Circuit Court – 3.850 Motion

CC# 84-10538A

 

08/29/07          Motion filed.

12/21/07          Amended Motion filed.

03/18/08          Motion denied.

04/02/08          Motion for Rehearing filed.

04/08/08          Rehearing denied.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 07-7171

128 S.Ct. 895 (2008)

 

10/15/07          Petition filed.

01/07/08          Petition denied.

 

Florida Supreme Court – 3.851 Motion Appeal

FSC# 08-992

994 So.2d 1072

 

05/29/08          Appeal filed.

10/06/08          Execution stayed until 11/08/08 to allow for brief filings.

11/07/08          Disposition affirmed.

11/07/08          Mandate entered.

11/13/08          Stay of execution lifted.

 

Circuit Court – 3.851 Motion

CC# 84-10538A

 

10/15/08          Motion filed.

10/21/08          Motion denied.

 

Florida Supreme Court – 3.851 Motion Appeal

FSC# 08-1979

994 So.2d 1072

 

10/22/08          Appeal filed.

11/07/08          Disposition affirmed.

11/07/08          Mandate entered.

 

Florida Supreme Court – All Writs Petition

FSC# 08-2000

994 So.2d 1072

 

10/24/08          Petition filed.

11/07/08          Petition denied.

 

United States District Court (Middle District) – Habeas Petition

USDC# 08-2212

 

11/04/08          Petition filed.

11/05/08          Secretary filed Motion to Dismiss.

11/07/08          Petition dismissed.

11/10/08          Amended Order dismissing Petition filed.

11/19/08          Motion to Alter or Amend filed.

11/25/08          Motion to Alter or Amend denied.

 

Florida Supreme Court – All Writs Petition and Application for Stay of Execution

FSC# 09-215

 

02/09/09          Petition filed.

02/09/09          Application for Stay of Execution filed.

02/11/09          Petition and Application denied.

 

Florida Supreme Court – 3.853 Appeal

FSC# 09-233

 

02/10/09          Appeal filed.

02/11/09          Disposition affirmed.

 

United State Supreme Court – Certiorari Petition

USSC# 08-8614

 

02/11/09          Petition filed.

02/11/09          Application for Stay of Execution filed.

02/11/09          Petition denied.

 

Clemency

 

03/23/88          Hearing held before the Executive Clemency Board. (Denied)

 

Warrants:

 

03/30/89          Death warrant signed by Governor Bob Martinez.

06/02/89          Florida Supreme Court granted a Stay of Execution.

11/09/89          Death warrant signed by Governor Bob Martinez.

12/11/89          United States District Court grants a Stay of Execution.

03/22/01          Death Warrant signed by Governor Jeb Bush

04/19/01          Circuit Court granted Stay of Execution.

                        Execution scheduled for Tuesday, October 23, 2008, at 6:00 p.m.

10/06/08          Florida Supreme Court stayed execution until Tuesday, November 18, 2008 to allow for brief filings.

11/13/08          Florida Supreme Court lifted stay of execution.

                        Execution scheduled for Wednesday, February 11, 2009, at 6:00 p.m.

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The delay in execution of sentence may be attributed to the amount of time that it took to process the defendant’s federal Habeas petition, which was filed in 1989 and subsequently denied in 1998.

 

 

Case History:

 

Tompkins filed his Direct Appeal on 12/02/85. The Florida Supreme Court affirmed his conviction and sentence on 12/30/86. Tompkins challenged his conviction on four claims, the inappropriate admission of his confession to his cellmate, who was allegedly acting as a state agent, the Court violated the defendant’s right to cross-examine certain witnesses, the trial court erred in allowing the State to illicit certain testimony from the victim’s mother on redirect examination, and the argument that death qualified juries are unconstitutional. Tompkins additionally claimed that the trial court made six errors during the penalty phase. The Florida Supreme Court found no reversible errors and subsequently affirmed the conviction and sentence. Tompkins filed a Petition for Writ of Certiorari, which was denied on 06/26/87.

 

Tompkins simultaneously filed a Petition for Habeas Corpus in the Florida Supreme Court and a 3.850 Motion in State Circuit Court on 05/01/89. The trial court denied the motion on 05/22/89. Tompkins then filed an appeal of the Trial Court’s denial of the 3.850 motion to the Florida Supreme Court. In his 3.850 Motion, one of the nineteen claims that Tompkins raised was ineffective assistance of counsel. This argument encompassed five claims. The trial court found and the Supreme Court agreed that the trial attorney was deficient in investigating and presenting evidence of mitigation in the penalty phase. The trial court held that the mitigating evidence overlooked by the trial counsel would not have changed the outcome of the trial. On 09/14/89, the Florida Supreme Court denied the Habeas Petition and affirmed the Trial Court’s 3.850 denial.

 

Certiorari in the United States Supreme Court was denied on 02/20/90.

 

Tompkins filed a Petition for Habeas Corpus in The United State’s District Court on 12/11/89. This appeal remained pending in this court until 04/17/98 when the District Court denied the petition. Tompkins appealed this denial to the United States Court of Appeals on 09/30/98. The Court of Appeals affirmed the District Court’s denial on 10/29/99, and denied the motion for rehearing on 12/10/99. A Mandate was issued on 01/25/00.

 

Tompkins filed a Petition for Writ of Certiorari on 06/12/00 that was denied on 10/02/00.

 

Governor Jeb Bush signed a Death Warrant on 03/22/01.

 

Tompkins filed a 3.850 Motion in circuit court on 04/16/01. The court held a Huff hearing on 04/17/01. An Evidentiary hearing was held on 04/18/01.On 04/19/01 the court granted a Stay of Execution, and on 04/25/01 the court entered an Order granting, in part, and denying, in part, Tompkins motion and granting a new penalty phase. 

 

Tompkins filed a 3.850 Appeal with the Florida Supreme Court on 07/27/02.  On 10/09/03, the Florida Supreme Court affirmed the portion denying the 3.850 motion and reversed the portion granting a new penalty phase.

 

Tompkins filed 3.850 and 3.853 (DNA) motions in the circuit court on 02/05/03.  Both motions were dismissed 08/22/03.

 

Tompkins filed a 3.853 (DNA) Appeal in the Florida Supreme Court on 10/24/04.  On 01/20/05, the Florida Supreme Court affirmed the denial of Tompkins 3.853 Appeal and granted 60 days to re-file a successive motion.  

 

Tompkins filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 03/26/04.  He raised claims based on Wiggins v. Smith, Crawford v. Washington and Ring v. Arizona.  The petition was denied on 12/21/04.

 

On 03/18/05, Tompkins filed a 3.850 Motion in the Circuit Court.  The motion was denied on 10/05/05.

 

On 02/10/06, Tompkins filed a 3.850 Motion Appeal in the Florida Supreme Court.  On 05/10/07, the FSC affirmed the denial of the motion.  Tompkins’ Motion for Rehearing was denied 07/16/07.  The Florida Supreme Court issued a mandate in this case on 08/02/07.

 

On 08/29/07, Tompkins filed a 3.851 Motion in the Circuit Court and an amended motion on 12/21/07.  This motion was denied on 03/18/08.  On 04/02/08, Tompkins filed a Motion for Rehearing in the Circuit Court; this motion was denied on 04/08/08.

 

On 10/15/07, Tompkins filed a petition for Writ of Certiorari in the United States Supreme Court.  This petition was denied on 01/07/08.

 

On 05/29/08, Tompkins filed a 3.851 Appeal in the Florida Supreme Court.  On 10/06/08, the Florida Supreme Court granted a stay of execution.  On 11/07/08, the Florida Supreme Court affirmed the disposition of the lower court and entered a mandate in this case.  On 11/13/08, the stay of execution was lifted.

 

On 10/15/08, Tompkins filed a 3.851 Motion in the State Circuit Court.  This motion was denied on 10/21/08.

 

On 10/22/08, Tompkins filed a 3.851 Appeal in the Florida Supreme Court.  On 11/07/08, the Florida Supreme Court affirmed the disposition of the lower court and entered a mandate in this case.

 

On 10/24/08, Tompkins filed a Petition to Invoke the Court’s All Writs Jurisdiction.  On 11/07/08, the Florida Supreme Court denied this petition.

 

On 11/04/08, Tompkins filed a Habeas Petition in the United States District Court, Middle District.  On 11/05/08, the Florida Department of Corrections filed a motion to dismiss this petition.  On 11/07/08, the United States District Court dismissed this petition and on 11/10/08 entered an Amended Order dismissing this petition.  On 11/19/08, Topkins filed a Motion to Alter or Amend, which was denied on 11/25/08.

 

On 02/09/09, Tompkins filed an All Writs Petition and an Application for Stay of Execution.  On 02/11/09, the Florida Supreme Court denied the All Writs Petition and Application for Stay of Execution in a joint order combining these motions and the 3.853 Appeal.

 

On 02/10/09, Tompkins filed a 3.853 Appeal in the Florida Supreme Court.  On 02/11/09, the Florida Supreme Court denied the 3.853 Appeal in a joint order combining this appeal with the All Writs Petition and the Stay of Execution.

 

On 02/11/09, Tompkins filed a Petition for Writ of Certiorari in the United States Supreme Court and an Application for Stay of Execution.  These motion were denied on 02/11/09.

 

 

Report Date:     03/16/01          WHS

Updated:          07/29/04          EMC

Updated:          02/17/09          AEH