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.
WALLS, Frank (W/M)
DC# 112850
DOB: 10/12/67
First Judicial Circuit, Okaloosa County, Case #87-856-A
(Venue changed to Fourteenth Judicial Circuit, Jackson County)
Sentencing Judge: The Honorable G. Robert Barron
Resentencing Judge: The Honorable G. Robert Barron
Attorney, Trial: Earl D. Loveless – Assistant Public Defender
Attorneys, Retrial: Earl D. Loveless & James C. Sewell – Assistant Public Defenders
Attorney, Direct Appeal: W.C. McLain – Assistant Public Defender
Attorney, Direct Appeal Resentencing: W.C. McLain – Assistant Public Defender
Attorney, Collateral Appeals: Harry Brody – Registry & Federal
Date of Offense: 07/22/87
Date of Sentencing: 08/24/88
Date of Resentencing: 07/29/92
Circumstances of the Offense:
According to statements made by Frank Walls, in the early morning of 07/22/87, he entered the mobile home of Edward Alger and Ann Peterson with the intention of committing a burglary. Walls purposefully knocked over a fan while entering the house, waking both Alger and Peterson. When the two came to investigate the noise, Walls told Alger to lie on the floor and had Peterson tie his hands behind his back, bind his ankles and gag him. He then told Peterson to lie on the floor so he could restrain her in the same manner.
Alger managed to free himself from the restraints and attacked Walls. While struggling, Walls cut Alger’s throat with a knife that he had brought with him. Alger then bit Wall’s leg, causing him to drop his knife. Walls then shot Alger in the head three times. Walls returned to where Peterson was restrained and found her crying, attempting to speak through the gag. Walls removed the gag from her mouth and untied her. After learning Alger was dead, a struggle ensued between Walls and Peterson, during which time he tore off her clothes. Walls then shot Peterson in the back of the head. Peterson survived the first shot and continued to scream. Walls forced her face into a pillow and fatally shot her again.
The bodies were discovered later that day when Alger failed to show up for work. Investigators obtained a warrant to search Walls’ mobile home based on information provided by Walls’ former roommate, who lived near the victims. Investigators seized evidence from Walls’ residence linking him to the murders, which subsequently led to his arrest.
Additional Information:
Frank Walls was convicted of First-Degree Murder and Burglary/Assault for an incident that occurred on 05/19/87. On 10/05/94, Walls was sentenced to life imprisonment for both counts.
Walls was diagnosed with bipolar mood disorder when he was a teenager. He was treated with lithium which he discontinued taking in adulthood. A psychologist testified at trial that Walls’ IQ had substantially declined in the years prior to his trial and that he was impaired at the time of the murder.
Trial Summary:
08/10/87 The defendant was indicted on the following charges:
Count I: Armed Burglary/Dwelling
Later reduced to Unarmed Burglary/Dwelling
Count II: Armed Burglary/Conveyance
Later dismissed
Count III: Auto Theft
Later dismissed
Count IV: First-Degree Murder (Alger)
Count V: First-Degree Murder (Peterson)
Count VI: Armed Burglary/Dwelling
Count VII: Possession of Burglary Tools
Later dismissed
Count VIII: Kidnapping (Alger)
Count IX: Kidnapping (Peterson)
Count X: Grand Theft
Later reduced to Petit Theft
07/18/88 The jury found the defendant guilty on Counts I, IV, V, VI, VIII, IX, X.
07/19/88 Upon advisory sentencing, the jury recommended life imprisonment for the murder of Edward Alger and recommended the death penalty, by a 7 to 5 majority, for the murder of Ann Peterson.
08/24/88 The defendant was sentenced as follows:
Count I: Unarmed Burglary/Dwelling - 5 years
Count IV: First-Degree Murder (Alger) - Life in Prison
Count V: First-Degree Murder (Peterson) - Death
Count VI: Armed Burglary/Dwelling - 20 years
Count VIII: Kidnapping (Alger) - 20 years
Count IX: Kidnapping (Peterson) - 20 years
Count X: Petit Theft - 60 days
04/11/91 The Florida Supreme Court reversed Walls’ convictions and sentence of death and remanded for a new trial because his constitutional rights were violated during his pretrial detention.
06/18/92 At retrial, the jury found the defendant guilty as charged.
06/19/92 Upon advisory sentencing, the new jury recommended life imprisonment for the murder of Edward Alger and recommended the death penalty, by a 12 to 0 majority, for the murder of Ann Peterson.
07/29/92 The defendant was resentenced as follows:
Count I: Unarmed Burglary/Dwelling - 5 years
Count IV: First-Degree Murder (Alger) - Life in Prison
Count V: First-Degree Murder (Peterson) - Death
Count VI: Armed Burglary/Dwelling - 20 years
Count VIII: Kidnapping (Alger) - 20 years
Count IX: Kidnapping (Peterson) - 20 years
Count X: Petit Theft - 60 days
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC #73,261
580 So. 2d 131
11/18/88 Appeal filed
04/11/91 FSC reversed Walls’ convictions and sentence of death and remanded for a
new trial
06/13/91 Rehearing denied
07/30/91 Mandate issued
Florida Supreme Court - Direct Appeal, Resentencing
FSC #80,364
641 So. 2d 381
08/24/92 Appeal filed
07/07/94 FSC affirmed Walls’ convictions and sentence of death
08/31/94 Rehearing denied
09/30/94 Mandate issued
U.S. Supreme Court - Petition for Writ of Certiorari
USSC #94-7005
513 U.S. 1130
11/25/94 Petition filed
01/23/95 Petition denied
State Circuit Court - 3.850 Motion
CC #87-856-A
03/17/97 Motion filed
01/27/03 Motion denied
Florida Supreme Court - 3.850 Appeal
FSC# 03-633
926 So.2d 1156
04/08/03 Appeal filed
02/09/06 FSC affirmed the denial of Walls 3.850 Motion
04/07/06 Rehearing denied
04/24/06 Mandate issued
State Circuit Court – 3.850 Motion
CC #87-856-A
06/18/03 Motion filed
09/11/03 Motion dismissed
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 03-1955
926 So.2d 1156
11/06/03 Petition filed
02/09/06 Petition denied
04/07/06 Rehearing denied
04/24/06 Mandate issued
United States District Court, North District – Petition for Writ of Habeas Corpus
USDC #06-cv-00237
05/26/06 Petition filed
07/12/06 Motion to hold proceedings in abeyance
07/13/07 Motion to hold proceedings in abeyance granted
09/30/09 Petition denied
Circuit Court – 3.203 Motion
CC# 87-856-A
06/23/06 Motion filed
07/18/07 Motion denied
Florida Supreme Court – 3.203 Appeal
FSC# 07-2007
3 So.3d 1248
10/23/07 Appeal filed
10/31/08 Disposition affirmed
United States Court of Appeals, 11th Circuit – Habeas Appeal
USCA# 09-15706
(Pending)
10/30/09 Appeal filed
Factors Contributing to the Delay in the Imposition of the Sentence:
Walls’ case was first delayed when it was reversed and remanded by the Florida Supreme Court on Direct Appeal. Walls’ was again convicted and sentenced to death. On 03/17/97, Walls filed a 3.850 Motion in the State Circuit Court that has been pending for five years. An amended motion was filed 12/19/01. The 3.850 Motion was finally denied 01/27/03.
Case Information:
On 11/18/88, Frank Walls filed a Direct Appeal in the Florida Supreme Court. In this appeal, he argued that his constitutional rights were violated during his pretrial detention. Vickie Beck, a correctional officer, was asked to conduct surveillance on Walls due to his suspected involvement in other murders. Beck befriended Walls and led him to believe that anything he told her would be confidential. Beck also instructed Walls not to inform his lawyer of their interaction. Beck’s observation notes were later used in evaluating Walls’ competency to stand trial. Two expert witnesses testified that Walls was competent based on the notes provided by Beck. Walls argued that his constitutional rights were violated as a result of Beck’s actions. The Florida Supreme Court found that the trial court erred in allowing these illegally obtained statements to be used against Walls. The Florida Supreme Court reversed Walls’ convictions and sentence and remanded his case for a new trial.
Walls was again sentenced to death on 07/29/92. Walls filed a Direct Appeal in the Florida Supreme Court on 08/24/92. In this appeal, he challenged voir dire procedures and contended that his jury was kept in deliberations for exhausting hours. Walls argued the consideration and application of aggravating and mitigating circumstances in his case. The Florida Supreme Court found no error in Walls’ claims and affirmed his convictions and sentence of death on 07/07/94.
On 11/25/94, the defendant filed a Petition for Writ of Certiorari in the United States Supreme Court that was subsequently denied on 01/23/95.
Next, Walls filed a 3.850 Motion in the State Circuit Court on 03/17/97, which was denied on 01/27/03. An appeal of that decision was filed 04/08/03.
On 04/08/03, Walls filed a 3.850 Appeal in the Florida Supreme Court. On 02/09/06, the FSC affirmed the denial of Walls 3.850 Motion.
Walls filed another 3.850 Motion in the State Circuit Court on 06/18/03, which was dismissed as successive on 09/11/03.
On 11/06/03, Walls filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. The petition was denied on 02/09/06.
On 05/26/06, Walls filed a Petition for Writ of Habeas Corpus in the United States District Court, North District. On 07/12/07, Walls filed a motion to hold proceedings in abeyance in the District Court. This motion was granted on 07/13/07. The Petition for Writ of Habeas Corpus was denied on 09/30/09.
Walls filed a 3.203 Motion in the Circuit Court on 06/23/06. This motion was denied 07/18/07.
Walls filed an appeal of the Circuit Court’s ruling on his 3.203 motion to the Florida Supreme Court on 10/23/07. On 10/31/08, the Florida Supreme Court affirmed the lower court’s disposition. No mandate will be issued in this case.
Walls filed a Habeas Corpus Appeal in the United States Court of Appeals on 10/30/09. This case is currently pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- ---------------
09/11/95 0 DISOBEYING ORDER UNION C. I.
09/12/95 0 DISOBEYING ORDER UNION C. I.
05/06/99 180 REF. SUB. ABUSE TEST UNION C. I.
_______________________________________________________________________
Report Date: 07/18/02 EW
Approved: 07/24/02 WS
Updated: 11/16/09 MJH