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. 

 

KEARSE, Billy Leon (B/M)

DC#    138315

DOB:  10/26/72

 

­­­Nineteenth Judicial Circuit, St. Lucie County Case# 91-136CF

Sentencing Judge:  The Honorable Marc A. Cianca

Attorney, Trial:  Robert G. Udell – Private

Attorney, Trial (Resentencing):  Robert G. Udell – Private

Attorney, Direct Appeal:  Jeffery Anderson – Assistant Public Defender

Attorney, Direct Appeal (Resentencing):  Jeffery Anderson – Assistant Public Defender

Attorneys, Collateral Appeals:  Paul Edward Kalil – CCRC-S

 

Date of Offense: 01/18/91

Date of Sentence:  11/08/91

Date of Resentence:  03/24/97

 

Circumstances of the Offense:

 

Billy Leon Kearse was convicted of robbery with a firearm and the murder of Fort Pierce police officer, Danny Parrish, which occurred on 01/18/91.

 

Officer Danny Parrish observed Billy Kearse driving the wrong way on a one-way street. Parrish radioed in the vehicle license plate number and proceeded to stop Kearse. Kearse did not have his driver’s license and gave Parrish several alias names that did not match the driver’s license history. Kearse was then ordered to exit the vehicle and place his hands on top of the vehicle. When Parrish attempted to handcuff Kearse, a struggle ensued. Kearse grabbed Parrish’s weapon and fired 14 shots. Thirteen of the shots struck Parrish, nine in his body and four in his bullet-proof vest.

 

A nearby taxi driver heard the shots and saw a dark blue vehicle occupied by a black male and female drive away from the scene. The taxi driver then called for help on Parrish’s radio. Parrish was transported to the hospital by emergency personnel, where he died from the gunshot injuries. A be-on-the-lookout (BOLO) was issued for a black male driving a dark blue 1979 Monte Carlo. The police checked the license plate number Parrish had called in before the traffic stop and discovered it was registered to an address in Fort Pierce, where Kearse was arrested.

 

Kearse waived his Miranda rights and confessed to shooting Parrish during the struggle.

 

One of Kearse’s companions testified during the trial that Kearse shot Officer Parrish “because his probation was suspended and the police was [sic] looking for him already.”

 

Prior Incarceration History:

 

 

 Prior Prison History: (Note: Data reflected covers periods of community supervision with the Florida Dept. of Corrections Since January of 1983)

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

10/19/1989

BURGUNOCCSTRUC/CV OR ATT.

02/27/1990

ST. LUCIE

8902835

4Y 0M 0D

10/19/1989

BURGLARY TOOLS-POSSESS

02/27/1990

ST. LUCIE

8902835

4Y 0M 0D

 

Prior Community Supervision History:

 

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

04/21/2000

2ND DEG.MURD,DANGEROUS ACT(ATTEMPTED)

03/22/2002

POLK

0002653

30Y 0M 0D

04/21/2000

AT.FLNY.MURD/NOT 782.04(3)

03/22/2002

POLK

0002653

SENTENCED TO LIFE

 

 

Trial Summary:

 

05/08/91          Indicted as follows:

Count I:           First-Degree Murder

Count II:         Robbery with Firearm

Count III:        Possession of Firearm by Convicted Felon

05/28/91          Count I and II were severed from Count III.

10/22/91          Jury returned a verdict of guilt for Counts I and II.

10/24/91          Jury recommended death by a vote of 11-1

11/08/91          Sentenced as follows:

Count I:           First-Degree Murder – Death

Count II:         Robbery with Firearm – Life

06/22/95          Florida Supreme Court reversed death sentence for new sentencing phase.

03/24/97          At resentencing, jury recommended death by a vote of 12-0.

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 79,037

662 So. 2d 677

 

12/05/91          Appeal filed

06/22/95          Conviction affirmed and sentence reversed

11/09/95          Rehearing denied

12/11/95          Mandate issued

 

Florida Supreme Court – Direct Appeal (Resentencing)

FSC# 90,310

770 So. 2d 1119

 

04/14/97          Appeal filed

06/29/00          Conviction and sentence affirmed

08/24/00          Rehearing denied

09/25/00          Mandate issued

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 00-8104

532 U.S. 945, 121 S.Ct. 1411

 

01/18/01          Petition filed

03/26/01          Petition denied

 

State Circuit Court – 3.850 Motion

CC# 91-136CF

 

10/03/01          Motion filed

06/21/02          Amended

03/01/04          Second amended

09/06/05          Order denying 3.850 Motion

 

Florida Supreme Court – 3.850 Appeal

FSC# 02-716

821 So. 2d 297 (Fla. 2002)

 

04/01/02          Appeal filed

06/13/02          Appeal dismissed voluntarily

Florida Supreme Court – 3.850 Appeal

FSC# 05-1876

969 So.2d 976 (Fla., 2007)

 

10/03/05          Appeal filed

08/30/07          Appeal denied

09/14/07          Motion for Rehearing filed

11/30/07          Motion for Rehearing denied

12/07/07          Mandate entered

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 06-942

969 So.2d 976 (Fla., 2007)

 

05/15/06          Petition filed

08/30/07          Petition denied

09/17/07          Motion for Rehearing filed

11/30/07          Motion for Rehearing denied

12/17/07          Mandate entered

 

Florida Supreme Court – Co-defendant in Petition for All Writs Jurisdiction

FSC# 06-2391

 

12/14/06          Petition filed

09/11/07          Petition denied

 

State Circuit Court – 3.850 Motion

CC# 91-136CF

 

12/26/07          Motion filed

01/29/08          Motion stayed

05/21/08          Stay lifted

07/01/08          Amended Motion filed

09/11/08          Motion denied

 

Florida Supreme Court – 3.851 Appeal

FSC#08-1986

11 So.3d 355

 

10/23/08          Appeal filed

05/22/09          Appeal denied

 

United States District Court, Southern District – Petition for Writ of Habeas Corpus

USDC# 09-14240

 

07/16/09          Petition filed

11/22/10          Petition dismissed as untimely

 

State Circuit Court – 3.850 Motion

CC# 91-136

 

10/29/10            Motion filed

01/07/11            Motion denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 11-244

(Pending)

 

02/07/11           Appeal filed

 

 

Factors Contributing to the Delay in Imposition of Sentence:

 

It took nearly four years for the Florida Supreme Court to render a decision on Kearse’s direct appeal in which the Court reversed Kearse’s sentence and remanded the case to the trial court for Kearse to be resentenced.

 

Case Information:

 

On 12/05/91, Kearse filed a Direct Appeal to the Florida Supreme Court.  The Court found that the trial court made an error in failing to give the jury requested information concerning the aggravating circumstances: cold, calculated, and premeditated.  The Court, on 06/22/95, affirmed Kearse’s conviction but remanded his sentence for resentencing.

 

On 04/14/97, Kearse filed his Direct Appeal after resentencing to the Florida Supreme Court.  The Court found that Kearse’s death sentence was not disproportionate to the crime; that Kearse was not entitled to interview jurors concerning an allegation of juror misconduct; and, in a capital murder trial during the sentencing phase, photographs of the victim’s body are admissible.  In addition, the Court found that disqualification of the prosecutor was not warranted because he had not yet taken the elected office of county court judge.  The Court, on 06/29/00, affirmed Kearse’s sentence.

 

Kearse filed a Petition for Writ of Certiorari to the United States Supreme Court on 01/18/01, which was denied on 03/26/01.

 

Kearse filed a 3.850 Motion to the Circuit Court on 10/03/01.  The motion was amended twice on 06/21/02 and 03/01/04.  On 09/06/05, the Circuit Court issued an order, denying the amended 3.850 Motion.

 

Kearse filed a 3.850 Appeal to the Florida Supreme Court on 04/01/02, which was dismissed voluntarily on 06/13/02.  Kearse’s motion to dismiss the appeal was denied as moot.

 

On 10/03/05, Kearse filed a 3.850 Appeal to the Florida Supreme Court.  The Circuit Court decision was affirmed by the Florida Supreme Court in an opinion dated 08/30/07.  No mandate has been issued in this matter as of 09/12/07.  Kearse filed a Motion for Rehearing on 09/14/07, which was denied on11/30/07.  The FSC entered a mandate in accordance with the 08/30/07 opinion on 12/17/07.

 

On 05/15/06, Kearse filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.  The petition was denied by the Florida Supreme Court on 08/30/07.  Kearse filed a Motion for Rehearing on 09/17/07, which was denied on 11/30/07.  The FSC entered a mandate in accordance with the 08/30/07 opinion on 12/17/07.

 

On 12/14/06, Kearse filed a Petition to invoke the All Writs Jurisdiction of the Florida Supreme Court as a co-petitioner.  This petition is in reference to various issues relating to the execution of Angel Nieves Diaz.  The Florida Supreme Court denied this petition on 09/10/07.

 

On 12/26/07, Kearse filed a 3.851 motion in the Circuit Court.  On 01/29/08, the Circuit Court ordered a stay of disposition for this motion.  On 05/21/08, the Circuit Court ordered the stay of disposition be lifted and granted leave for amending said motion.  Kearse amended this motion on 07/01/08.  On 09/11/08, the amended motion was denied by the Circuit Court.

 

On 10/23/08, Kearse filed a 3.851 Appeal to the Florida Supreme Court.  On 05/22/09, the Florida Supreme Court denied this appeal.

 

On 07/16/09, Kearse filed a Petition for Writ of Habeas Corpus to the United States District Court, Southern District. This petition was dismissed on 11/22/10 as untimely.

 

Kearse filed a 3.850 Motion in the Circuit Court on 10/29/10. This motion was denied on 01/07/11.

 

On 02/07/11, Kearse filed a 3.850 Appeal in the Florida Supreme Court. This case is currently pending.

 

Institutional Adjustment:

 

 

Institutional Adjustment:

Date

Offense

Days

Location

07/31/91

DISORDERLY CONDUCT

0

UNION C.I.

12/31/93

UNARMED ASSAULT

60

UNION C.I.

10/22/02

FIGHTING

0

UNION C.I.

 

 

___________________________________________________________________________

 

Report Date:   09/02/04          KB

Approved:       09/02/04          JFL

Updated:         03/16/11          EMJ