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.
COX, Allen (W/M)
DC # 188854
DOB: 09/20/62
Fifth Judicial Circuit, Lake County, Case #99-249
Sentencing Judge: The Honorable T. Michael Johnson
Attorneys, Criminal Trial: William Stone & Jeffrey Higgins - Assistant Public Defenders
Attorney, Direct Appeal: Christopher S. Quarles – Assistant Public Defender
Attorney, Collateral Appeals: Nathaniel Plucker, David Gemmer, & Marie Parmer – CCRC-M
Date of Offense: 12/21/98
Date of Sentence: 07/24/00
Circumstances of Offense:
Allen Ward Cox was convicted and sentenced to death for the murder of Thomas Baker. The murder occurred on 12/21/98 at the Lake Correctional Institute, where Cox was an inmate serving several life sentences for kidnapping, sexual battery and aggravated battery.
On 12/20/98, Cox noticed that someone had broken into his personal footlocker and stolen $500. According to the testimony of several inmates, Cox announced to the other inmates in his dormitory that he would give $50 to anyone who would identify the thief. Cox threatened to kill the thief upon discovering his identity and indicated no concern for the consequences.
On 12/21/98, during the inmate’s lunch hour, Cox motioned for Thomas Baker to come over to him. Cox hit Baker, knocking him to the ground. Baker struggled to free himself from the attack and repeatedly denied stealing the $500. Cox then stabbed Baker three times with an ice-pick-shaped shank[1]. Cox fled behind the prison pump house and hid the shank in a pipe.
After being stabbed, Thomas Baker fled the scene to nearby correctional officers. Baker identified his attacker as “Big Al, Echo Dorm, Quad Three.” Baker hysterically motioned to the officers that he was having trouble breathing and could feel his lungs filling up with blood. Baker died en route to the hospital. Medical examiners testified the fatal stab wound pierced Baker’s lungs and aorta.
Cox returned to his dorm where he confronted Donny Cox (no relation) about his stolen money. Cox threatened Donny and told him he would kill him too if he had anything to do with the stolen money. Cox returned to his cell where he attacked his cellmate Lawrence Wood. Cox told Wood he was lucky because he would also have been stabbed if Cox had not already discarded the shank.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
10/29/1989 |
KIDNAP;COMM.OR FAC.FELONY |
04/19/1991 |
BROWARD |
9015497 |
SENTENCED TO LIFE |
|
10/29/1989 |
SEX BAT/THREAT W/DEADLY WPN. |
04/19/1991 |
BROWARD |
9015497 |
SENTENCED TO LIFE |
|
10/29/1989 |
SEX BAT/THREAT W/DEADLY WPN.(ATTEMPTED) |
04/19/1991 |
BROWARD |
9015497 |
30Y 0M 0D |
|
10/29/1989 |
AGG BATTERY INTENDED HARM |
04/19/1991 |
BROWARD |
9015497 |
SENTENCED TO LIFE |
|
11/03/1989 |
BURGLARY,ARMED W/EXP. OR WEAPO |
06/15/1990 |
BROWARD |
8923664 |
17Y 0M 0D |
|
11/03/1989 |
AGG BATTERY/W/DEADLY WEAPON |
06/15/1990 |
BROWARD |
8923664 |
15Y 0M 0D |
|
04/30/1997 |
INTRODUCE CONT.SUBSTANCE |
07/24/1997 |
JACKSON |
9700408 |
1Y 0M 0D |
NOTE: Allen Cox was serving multiple life sentences at Lake Correctional Institute at the time of the current offense.
Trial Summary:
02/05/99 The defendant was indicted on the following charges:
Count I: First-Degree Murder
Count II: Battery (later pled guilty)
03/14/00 The jury found the defendant guilty of First-Degree Murder.
03/20/00 Upon advisory sentencing, the jury, by a 10 to 2 majority, voted for the death penalty.
07/24/00 The defendant was sentenced as followed:
Count I: First-Degree Murder - Death
Count II: Battery – 5 years
Appeal Summary:
FSC #SC00-1751
819 So. 2d 705
08/28/00 Appeal filed.
05/23/02 FSC affirmed the conviction and sentence of death.
07/23/02 Rehearing denied.
07/23/02 Mandate issued.
USSC #02-7094
537 U.S. 1120
10/21/02 Petition filed.
01/13/03 Petition denied.
State Circuit Court – 3.851 Motion
CC #99-249
01/08/04 Motion filed.
04/21/05 CC denied Motion.
Florida Supreme Court – 3.851 Motion Appeal
FSC# 05-914
966 So. 2d 337
05/23/05 Appeal filed.
07/05/07 FSC affirmed denial of motion.
10/11/07 Mandate issued.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 06-40
966 So. 2d 337
01/17/06 Petition filed.
07/05/07 FSC denied petition.
10/11/07 Mandate issued.
State Circuit Court – 3.851 Motion
CC #99-249
10/02/07 Motion filed.
03/24/08 Motion denied.
04/08/08 Motion for rehearing.
United States District Court, Middle District- Petition for Writ of Habeas Corpus
10/17/07 Petition filed.
04/08/09 Petition denied.
05/07/09 Certificate of Appealability filed
06/05/09 Certificate denied
Florida Supreme Court – 3.850 Appeal
FSC #08-887
5 So. 3d 659
05/12/08 Appeal filed
03/12/09 Appeal denied
United States Court of Appeals, 11th Circuit – Habeas Appeal
USCA #09-12480
05/19/09 Appeal filed.
08/09/10 USCA remanded COA for reconsideration
Case Information:
On 08/28/00, Allen Cox filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the trial court erred in failing to declare a mistrial following a discovery violation by the State and a testimonial violation of an order in limine. The Florida Supreme Court noted that, although a discovery violation did occur, it was inadvertent and did not prejudice Cox’s case and that the trial court gave the proper curative instruction following the violation of the order in limine. Cox claimed that the prosecutor’s misstatements of the law constituted fundamental error and that the trial court erred in the consideration and application of aggravating and mitigating circumstances. The Florida Supreme Court affirmed Cox’s conviction and sentence of death on 05/23/02.
Cox next filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied 01/13/03.
Cox filed a 3.850 Motion in the State Circuit Court on 01/08/04 that was denied on 04/21/05.
Cox filed a 3.851 Motion Appeal in the Florida Supreme Court on 05/23/05. On 07/05/07, the FSC affirmed the denial of the motion. A Mandate was issued on 10/11/07.
Cox filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 01/17/06 that was denied on 07/05/07. On 10/11/07, a Mandate was issued.
On 10/02/07, Cox filed a Successive Motion for Postconviction Relief in the State Circuit Court that was denied on 03/24/08.
Cox filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District on 10/17/07. This petition was denied on 04/08/09. Cox filed a Certificate of Appealability on 05/0709, and it was denied on 06/05/09.
On 05/12/08, Cox filed a 3.850 Motion Appeal in the Florida Supreme Court. This petition was denied on 03/12/09.
On 05/19/09, Cox filed a Habeas Appeal in the United States Court of Appeals. The USCA remanded the Certificate of Appealability back to the United States District Court, Middle District on 08/09/10.
DATE DAYS VIOLATION LOCATION
-------- ------- ---------------------------- -------------------
10/10/92 0 POSS OF UNAUTH BEV. RECEPTION
08/21/93 30 CONSUME INTOXICANTS DADE C. I.
01/02/94 0 DISOBEYING ORDER DADE C. I.
01/04/95 0 DISORDERLY CONDUCT CHARLOTTE C.I.
08/18/95 90 POSS OF WEAPONS CHARLOTTE C.I.
11/23/95 60 USE OF ALCOHOL CHARLOTTE C.I.
06/24/96 14 FIGHTING APALACHEE
09/20/96 0 POSS OF UNAUTH BEV. APALACHEE
09/23/96 0 USE OF ALCOHOL APALACHEE
04/30/97 0 POSS OF NARCOTICS APALACHEE
04/30/97 0 UNAUTH USE OF DRUGS APALACHEE
10/29/97 0 FAILURE TO COMPLY LAKE C. I.
01/21/98 15 POSS OF CONTRABAND LAKE C. I.
04/06/98 30 POSS OF CONTRABAND LAKE C. I.
08/25/98 90 ATTEMPT TO CONSPIRE LAKE C. I.
12/28/98 180 UNAUTH USE OF DRUGS LAKE C. I.
12/31/02 – ew
01/14/03 – approved – ws
06/03/09 – updated – emj