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.
GRIFFIN, Michael A. (W/M)
DC# 182543
DOB: 03/27/70
Eleventh Judicial Circuit, Dade County Case #90-16875-C
Sentencing Judge: The Honorable Arthur Snyder
Attorney, Trial: Andrew Kassier – Private
Attorney, Direct Appeal: Andrew Kassier – Special Assistant Public Defender
Attorney, Collateral Appeals: Terri Backhus – Private
Date of Offense: 04/27/90
Date of Sentence: 03/07/91
Circumstances of Offense:
On 04/27/93, Michael Griffin, Samuel Velez, and Nicholas Tarallo decided to commit a burglary. They left Tarallo’s apartment in Griffin’s father’s Cadillac and drove to the location of a Chrysler LeBaron, where they switched cars. Griffin had previously stolen the LeBaron, which had been used in prior burglaries.
The three proceeded to search for an appropriate target, finally arriving at a Holiday Inn in Newport, Florida, where Griffin had prior successful burglaries. Griffin and Velez entered a hotel room and stole a cellular phone and purse. Tarallo drove while Griffin and Velez divided up the stolen property.
After leaving the Holiday Inn, the three observed a police car. Griffin panicked and told Tarallo to evade the police car. During these maneuvers, another police car, driven by Officers Martin and Crespo, spotted the LeBaron and followed. Tarallo tried to pull over, but Griffin stated that he would not go back to jail and ordered Tarallo to continue evading the police. Tarallo eventually pulled over, and as the three attempted to escape, Griffin began shooting at the police, killing Officer Martin. Tarallo and Velez surrendered to Officer Crespo, while Griffin fled in the LeBaron and was eventually apprehended.
Codefendant Information:
Tarallo, in exchange for testifying for the State, pled guilty to Second-Degree Murder, Attempted First-Degree Murder, Burglary, and two counts of Grand Theft. He was sentenced to thirty years in prison.
Velez was convicted of Manslaughter, Attempted Manslaughter, Armed Burglary, and two counts of Grand Theft. He was sentenced to life in prison.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
08/29/1987 |
BURG/DWELL/OCCUP.CONVEY |
12/28/1987 |
MIAMI-DADE |
8732207 |
2Y 6M 0D |
|
08/29/1987 |
GRAND THEFT,$300 LESS &20,000 |
12/28/1987 |
MIAMI-DADE |
8732207 |
2Y 6M 0D |
Prior Community Supervision History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Community Supervision Length |
|
08/29/1987 |
BURG/DWELL/OCCUP.CONVEY |
12/28/1987 |
MIAMI-DADE |
8732207 |
2Y 0M 0D |
|
08/29/1987 |
GRAND THEFT,$300 LESS &20,000 |
12/28/1987 |
MIAMI-DADE |
8732207 |
4Y 0M 0D |
|
08/29/1987 |
BURG/DWELL/OCCUP.CONVEY |
04/06/1989 |
MIAMI-DADE |
8732207 |
2Y 0M 0D |
|
08/29/1987 |
GRAND THEFT,$300 LESS &20,000 |
04/06/1989 |
MIAMI-DADE |
8732207 |
2Y 0M 0D |
|
12/29/1988 |
GRAND THEFT MOTOR VEHICLE |
04/06/1989 |
MIAMI-DADE |
8845286 |
2Y 0M 0D |
|
01/08/1989 |
BURG/N/ASSLT/OCC.STRUCT. |
04/06/1989 |
MIAMI-DADE |
8901234 |
2Y 0M 0D |
|
01/08/1989 |
GRAND THEFT,$300 LESS &20,000 |
04/06/1989 |
MIAMI-DADE |
8901234 |
2Y 0M 0D |
Trial Summary:
05/02/90 Indicted as follows:
Count I First- Degree Murder (Martin)
Count II Armed Burglary
Count III Grand Theft
Count IV Grand Theft Auto
Count V Aggravated Assault (Crespo)
Count VI Petty Theft
Count VII Possession of a Firearm by a Felon
12/13/90 State nolle prossed Counts V & VI
Presented information charging one count of Attempted First-Degree
Murder (Crespo)
Count VII severed
02/08/91 Jury returned guilty verdicts on all counts of the indictment
02/14/91 Jury recommended death by a vote of 10-2
03/07/91 Sentenced as follows:
Count I First- Degree Murder (Martin) – Death
Count II Armed Burglary – Life Imprisonment
Count III Grand Theft – 5 years
Count IV Grand Theft Auto – 5 years
Count V Attempted First-Degree Murder (Crespo) – Life
Imprisonment
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 77,843
639 So. 2d 966
04/30/91 Appeal filed
07/07/94 FSC affirmed convictions and sentences
08/08/94 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 94-7530
514 U.S. 1005
01/04/95 Petition filed
03/06/95 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 90-16875-C
03/19/97 Motion filed
10/29/98 Motion amended
12/10/99 Motion amended
05/05/00 Circuit Court summarily denied all but two issues and ordered an
evidentiary hearing held on those issues
01/11/01 Circuit Court denied remaining issues
Florida Supreme Court – 3.850 Motion Appeal
FSC# 01-457
866 So. 2d 1
02/28/01 Appeal filed
09/25/03 FSC affirmed denial of 3.850 Motion
01/29/04 Rehearing denied
03/01/04 Mandate issued
Circuit Court – 3.851 Motion
CC# 90-16875-C
06/23/03 Motion filed
07/01/03 State motion to dismiss filed
10/17/03 Circuit Court granted motion to dismiss
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 04-6035
543 U.S. 962
06/24/04 Petition filed
11/01/04 USSC denied Petition
U.S. District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 04-21643
07/07/04 Petition filed
04/19/05 USDC dismissed Petition without prejudice
Florida Supreme Court – 3.851 Motion Appeal
FSC# 04-1522
No Opinion Issued
08/02/04 Appeal filed
01/20/05 FSC affirmed denial of motion
Circuit Court – 3.851 Motion
CC# 90-16875-C
03/18/05 Motion filed
04/29/05 CC denied motion
Circuit Court – 3.851 Motion
CC# 90-16875-C
05/22/06 Motion filed
07/20/06 CC denied motion
Florida Supreme Court – 3.851 Motion Appeal
FSC# 06-1055
992 So. 2d 819
05/08/06 Appeal filed
09/11/06 Appeal filed
06/02/08 Appeal denied
United States District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 08-22817
10/08/08 Petition filed
10/15/09 Petition denied
United States Court of Appeals, 11th Circuit – Habeas Appeal
USCA# 09-15863
11/30/09 Appeal filed
01/07/10 COA denied
Circuit Court – 3.850 Motion
CC# 90-16875-C
(Pending)
11/29/10 Motion filed
Factors Contributing to the Delay in Imposition of Sentence:
The Direct Appeal was pending from 04/30/91 – 08/08/94 and the 3.850 Motion was pending from 03/19/97 – 01/11/01.
Case Information:
Griffin filed a Direct Appeal with the Florida Supreme Court on 04/30/91, citing the following errors: allowing admission evidence of prior criminal acts at trial, restricting nonstatutory mitigating evidence, and the finding of certain aggravating factors (murder committed during a felony and cold, calculated, and premeditated murder). On 07/07/94, the FSC affirmed the convictions and sentences.
Griffin filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/04/95 that was denied on 03/06/95.
Griffin filed a 3.850 Motion with the Circuit Court that was amended on 10/29/98 and 12/10/99. On 05/05/00, the Circuit Court summarily denied all but two issues and ordered an evidentiary hearing to be held on Griffin’s allegations of ineffective assistance of counsel and ex-parte communications between the State and trial judge concerning the sentencing order. During September and October of 2000, the evidentiary hearing was held, and on 01/11/01, the Circuit Court denied the remaining issues of the 3.850 Motion.
Griffin filed a 3.850 Motion Appeal with the Florida Supreme Court on 02/28/01, citing twenty-one issues, most of which focused on allegations of ineffective assistance of counsel. On 09/25/03, the FSC affirmed the denial of the 3.850 Motion.
Griffin filed a 3.851 Motion with the Circuit Court on 06/23/03. The State filed a motion to dismiss on 07/01/03 that was granted on 10/17/03.
Griffin filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 06/24/04 that was denied on 11/01/04.
Griffin filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District, on 07/07/04. On 04/19/05, the USDC dismissed the Petition without prejudice.
Griffin filed a 3.851 Motion Appeal with the Florida Supreme Court on 08/02/04. On 01/20/05, the FSC affirmed the denial of the 3.851 Motion.
Griffin filed a 3.851 Motion with the Circuit Court on 03/18/05 that was denied on 04/29/05.
Griffin filed a 3.851 Motion with the Circuit Court on 05/22/06 that was denied on 07/20/06.
Griffin filed a Petition for 3.851 Motion Appeal with the Florida Supreme Court on 05/08/06 & 09/11/06 that was denied on 06/02/08.
Griffin filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District, on 10/08/08 that was denied on 10/15/09.
Griffin filed a Habeas Petition with the U.S. Court of Appeals, Eleventh Circuit, on 11/30/09. On 01/07/10, the Certificate of Appealability was denied.
Griffin filed a 3.850 motion with the Circuit Court on 11/29/10. That motion is pending.
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
08/12/91 10 DISORDERLY CONDUCT FLORIDA STATE PRISON
05/18/92 0 ATTEMPT TO CONSPIRE FLORIDA STATE PRISON
09/08/93 0 DISORDERLY CONDUCT UNION C. I.
04/19/94 0 DEST. OF ST. PROP. UNION C. I.
07/15/94 0 DISORDERLY CONDUCT UNION C. I.
07/16/94 0 SPOKEN THREATS UNION C. I.
11/07/94 0 DISORDERLY CONDUCT UNION C. I.
12/24/94 0 POSS OF CONTRABAND UNION C. I.
03/01/96 0 DISRESP.TO OFFICIALS UNION C. I.
03/01/96 0 DISOBEYING ORDER UNION C. I.
10/29/97 0 FIGHTING UNION C. I.
05/30/99 0 POSS OF CONTRABAND UNION C. I.
04/07/03 60 DISRESP.TO OFFICIALS UNION C. I.
03/30/05 759 POSS OF ESCAPE PARA. UNION C. I.
________________________________________________________________________
Report Date: 12/18/03 JFL
Approved: 12/31/03 WS
Updated: 11/29/10 JJK