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.
MELTON, Antonio Lebaron (B/M)
DC# 217358
DOB: 12/29/72
First Judicial Circuit, Escambia County Case# 91-373-D
Sentencing Judge: The Honorable William Anderson
Attorney, Trial: Samuel H. Hall – Assistant Public Defender
Attorney, Direct Appeal: W.C. McLain – Assistant Public Defender
Attorney, Collateral Appeals: D. Todd Doss – Registry
Date of Offense: 01/23/1991
Date of Sentence: 05/19/1992
Circumstances of the Offense:
Antonio Lebaron Melton and his friend, Bendleon Lewis, entered George Carter’s pawnshop in Pensacola on 01/23/91. According to Lewis, who was granted immunity by the State to testify against Melton, he pretended to be interested in pawning a necklace. When Carter weighed the necklace, Melton pulled a .38-caliber gun from his pants and focused it on Carter while Lewis robbed the store. As Lewis was unlocking the door to leave, he heard a gunshot. According to Melton, while Lewis was talking to Carter about the necklace, Melton put on surgical gloves and reached for a ring. Carter observed this and reached for a gun that he had. Lewis grabbed Carter’s hands while Melton pulled out his own gun. Melton then proceeded to take Carter’s gun. Melton stated that Carter rushed him then fell and hit his head. Melton then told Carter to remain still, but Carter reached for Melton’s hand that held the gun. The two struggled for the weapon, which resulted in Carter being fatally shot in the head. Despite the conflicting stories, the one undisputed fact that remains is that Melton held the gun that fired the shot that ultimately killed Carter.
Codefendant Information:
Bendleon Lewis (DC# 220262)
Lewis was acquitted on the armed robbery conviction (CC# 91-373). He was, instead, convicted of second-degree murder and was sentenced to 20 years. Lewis is currently serving his sentence under community supervision.
Trial Summary:
02/05/92 Indicted as follows:
Count I: First-Degree Murder
Count II: Robbery with Firearm
02/05/92 Jury returned guilty verdicts on all counts of the indictment and recommended death by a vote 8-4
05/19/92 Sentenced as follows:
Count I: First Degree Murder – Death
Count II: Robbery with Firearm – Life
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 79,959
638 So. 2d 927
06/01/92 Appeal filed
05/12/94 FSC affirmed the conviction and sentence
07/05/94 Rehearing denied
08/04/94 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC# 94-5940
513 U.S. 971
09/02/94 Petition filed
10/31/94 Petition denied
State Circuit Court – 3.850 Motion
CC# 91-373
01/14/96 Motion filed
07/05/01 Amended motion filed
02/11/02 Second amended motion filed
03/24/04 Motion denied
04/12/04 Rehearing filed
07/26/04 Rehearing denied
Florida Supreme Court – 3.850 Appeal
FSC# 04-1689
949 So.2d 994
08/26/04 Appeal filed
11/30/06 FSC affirmed the lower court’s denial of Melton’s 3.850 Motion
02/15/07 Rehearing denied (this case only)
03/05/07 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 05-1423
949 So.2d 994
08/15/05 Petition filed
11/30/06 Petition denied
03/05/07 Mandate issued
State Circuit Court – 3.851 Motion
CC# 91-373
02/28/06 Successive Motion filed
04/26/07 Motion amended
07/23/07 Second amendment filed
01/03/08 Motion denied
United States District Court, Northern District – Petition for Writ of Habeas Corpus
USDC# 06-384
(Held in abeyance)
09/08/06 Petition filed
03/03/08 Petition filed under USDC-N# 08-34
06/13/08 Motion to consolidate cases 06-384 and 08-34 filed
06/19/08 Cases consolidated under 06-384
03/18/09 Motion to hold proceedings in abeyance filed
03/31/09 Motion to hold proceedings in abeyance granted
United States Supreme Court – Petition for Writ of Certiorari
USSC# 06-11339
128 S.Ct. 88
05/15/07 Petition filed
10/01/07 Petition denied
Florida Supreme Court – 3.851 Appeal
FSC# 08-219
994 So.2d 305
02/13/08 Appeal filed
10/03/08 Appeal voluntarily dismissed
United States District Court, Northern District – Petition for Writ of Habeas Corpus
USDC# 08-34
03/03/08 Petition filed
06/13/08 Motion to consolidate cases 06-384 and 08-34 filed
06/19/08 Cases consolidated under 06-384
State Circuit Court – 3.851 Motion
CC# 91-373
03/09/09 Motion filed
10/21/09 Motion denied without prejudice
Florida Supreme Court – 3.851 Appeal
FSC# 09-2017
11/02/09 Appeal filed
02/09/11 FSC affirmed denial of 3.851 Motion
State Circuit Court – 3.851 Motion
CC# 91-373
11/29/10 Motion filed
04/11/11 Motion denied
Factors Contributing to the Delay in the Imposition of the Sentence:
It took over eight years for the Circuit Court to decide on Melton’s 3.850 Motion. This delay may be due to the Melton’s lack of counsel during the reorganization of CCRC-North, the addition of new counsel, and the case being reassigned after the retirement of the original judge.
Case Information:
Melton’s direct appeal was filed to the Florida Supreme Court on 06/01/92. The Court affirmed Melton’s conviction and sentence on 05/12/94. Melton raised four issues on direct appeal. The main issue was that several improper comments made by the prosecutor to the jury justified a mistrial. None of the issues were found to have merit by the Court.
Within the same year of the Florida Supreme Court’s ruling, Melton’s attorney filed a petition for Writ of Certiorari on 09/02/94 to the United States Supreme Court. The petition was denied on 10/31/94.
Melton filed a 3.850 Motion on 1/14/96 to the Circuit Court. The motion was pending for over eight years. A Huff hearing was held on 10/18/01. On 10/22/01, the Circuit Court judge issued an order granting an evidentiary hearing. On 03/24/04, the motion was denied.
On 08/26/04, Melton filed a 3.850 Appeal to the Florida Supreme Court. On appeal, Melton argued the lower court erred in denying postconviction regarding the following: (1) his claim that he was denied the effective assistance of counsel during both the guilt and penalty phases of his trial, (2) his claim that the State withheld material and exculpatory evidence and presented misleading evidence, (3) his newly discovered evidence claims, (4) his claim that the prosecutor’s misconduct during the course of his case rendering Melton’s conviction and sentence fundamentally unfair and unreliable, (5) his claim that there was unconstitutional systematic exclusion of a significant portion of the nonwhite population from the jury pool, and (6) his claim that the lower court improperly considered his “lack of remorse” in its order denying relief. The Court denied all claims as having no merit. On 11/30/06, the Court affirmed the lower court’s denial of Melton’s 3.850 Motion. The Motion for Rehearing (this case only) was denied on 02/15/07. The mandate was issued on 03/05/07
On 08/15/05, Melton filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was denied on 11/30/06. The mandate was issued on 03/05/07.
On 02/28/06, Melton filed a 3.851 successive Motion to the Circuit Court. Melton amended the third claim of this motion on 04/26/07. A second amendment was filed on 07/23/07. This motion, along with its two amendments, was denied on 01/03/08.
On 09/08/06, Melton filed a Petition for Writ of Habeas Corpus in the United States District Court, Northern District. On 06/13/08, the State petitioned the court to consolidate this case with another Habeas Petition filed in the same court on 03/03/08 under the case number 08-34. This petition was granted and the cases were consolidated under 06-384 on 06/19/08. On 03/18/09, Melton filed a Motion to hold proceedings in abeyance. This motion was granted on 03/31/09. The proceedings in this case are stayed while Melton exhausts filings in the state circuit court.
On 05/15/07, Melton filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 10/01/07.
On 02/13/08, Melton filed a 3.851 appeal in the Florida Supreme Court. Melton voluntarily dismissed his appeal on 10/03/08.
On 03/03/08, Melton filed a Petition for Writ of Habeas Corpus in the United States District Court, Northern District. On 06/13/08, the State petitioned the court to consolidate this case with the previous Habeas Petition (06-384) that was pending at that time. This petition was granted and the cases were consolidated under 06-384 on 06/19/08. This case number is currently non-active.
On 03/09/09, Melton filed a 3.851 Motion in the Circuit Court. This motion was denied without prejudice on 10/21/09.
Melton filed a 3.851 Appeal in the Florida Supreme Court on 11/02/09. The FSC affirmed the denial of the 3.851 Motion on 02/09/11.
On 11/29/10, Melton filed a 3.851 Motion in the Circuit Court. This motion was denied on 04/11/11.
Institutional Adjustment:
|
DATE |
DAYS |
VIOLATION |
LOCATION |
|
12/22/93 |
0 |
DISRESP.TO OFFICIALS |
UNION C. I. |
|
05/28/94 |
0 |
POSS OF CONTRABAND |
UNION C. I. |
|
10/20/94 |
0 |
DISORDERLY CONDUCT |
UNION C. I. |
|
09/22/97 |
0 |
DISRESP.TO OFFICIALS |
UNION C. I. |
|
05/05/98 |
0 |
DISOBEYING ORDER |
UNION C. I. |
|
12/30/00 |
90 |
UNAUTH PHY. CONTACT |
UNION C. I. |
________________________________________________________________________
Report Date: 08/03/01 NMP
Approved: 10/10/01 WS
Updated: 04/26/11 EMJ