The Commission on Capital Cases updates this information regularly

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.

MORTON, Alvin Leroy (W/M)

DC# 309066

DOB: 07/11/72

Sixth Judicial Circuit, Pasco County, Case# 92-308-CFAWS

Sentencing Judge: The Honorable Craig Villanti

Trial Attorneys: John E. Swisher & Gary Urso – Private

Attorney, Direct Appeal: Steven L. Bolotin – Assistant Public Defender

Attorney, Direct Appeal (RS): Paul C. Helm – Assistant Public Defender

Attorneys, Collateral Appeals: Marie-Louise Parmer & Leslie Scalley – CCRC-M

Date of Offense: 01/26/92

Date of Sentence: 03/18/94

Date of Resentence: 03/01/99

Circumstances of the Offense:

Sometime in the late evening of 01/26/92 or early morning of 01/27/92, Alvin Morton, Bobby Garner, and Tim Kane entered the home of the victims, John Bowers and his mother Madeline Weisser. Two individuals, Chris Walker and Mike Rodkey, went with the defendant but did not enter the residence. Morton carried a shotgun while one of the other men carried a large serrated knife. The three men entered the living room looking for something to take. Bowers and Weisser entered the room from another part of the house. Morton ordered them to get on the floor. At this point, Bowers agreed to give them whatever they wanted and pleaded for his life. Morton replied that Bowers would call the police. Bowers insisted that he would not call the police, but Morton replied, “That is what they all say,” and shot Bowers in the back of the neck, killing him. Morton then attempted to shoot Weisser, but the gun jammed. Morton then tried to stab Weisser, but the knife would not penetrate the victim. Garner then stepped on the knife and pushed it in. Eventually, Weisser was stabbed eight times in the back of the neck resulting in the severing of her spinal cord and her death. Before the three men left the home, either Garner or Morton cut off one of Bower’s pinky fingers, which they later showed to Jeff Madden, a friend.

The police and firefighters went to the victims’ residence on a tip. They found that mattresses had been set on fire and discovered the bodies. The police found Morton hiding in the attic of his home. They found the murder weapons underneath Garner’s mother’s trailer. Morton eventually confessed to the shooting of Bower and aiding in the first cut on Weisser.’

Trial Summary:

02/04/92 Indicted as follows:

Count I: First-Degree Murder

Count II: First-Degree Murder

02/07/92 Pled not guilty

02/04/94 Jury returned guilty verdicts on all counts of the indictment

02/09/94 Jury recommended death by a vote of 11-1

03/18/94 Sentenced as follows:

Count I: First-Degree Murder – Death

Count II: First-Degree Murder – Death

02/18/99 Order returning defendant for resentencing

03/01/99 Upon advisory sentencing, the jury recommended death by a vote of 11-1 and Morton was resentenced to death

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 83,422

689 So. 2d 259

03/28/94 Appeal filed

03/06/97 FSC affirmed the convictions of two counts of first-degree murder, but vacated the death sentences and remanded to the circuit court for resentencing.

04/07/97 Mandate issued

Florida Supreme Court – Direct Appeal (RS)

FSC# 95,171

789 So. 2d 324

03/25/99 Appeal filed

06/28/01 FSC affirmed the death sentences

07/30/01 Mandate issued

State Circuit Court – 3.850 Motion

CC# 92-308-CFAWS

06/28/02 Motion filed

05/12/05 Amended motion filed

04/04/06 Motion denied

09/13/06 Order granting Motion for Rehearing

Florida Supreme Court – 3.850 Appeal

FSC# 06-2091

995 So.2d 233

10/20/06 Appeal filed

08/28/08 FSC affirmed the denial of postconviction relief

09/10/08 Motion for Rehearing filed

11/18/08 Rehearing denied

12/04/08 Mandate issued

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 07-1201

995 So.2d 233

06/26/07 Petition filed

08/28/08 Petition denied

09/10/08 Motion for Rehearing filed

11/18/08 Rehearing denied

United States Supreme Court – Petition for Writ of Certiorari

USSC# 08-8741

129 S.Ct. 1999

02/13/09 Petition filed

04/20/09 Petition denied

United States District Court, Middle District – Habeas Petition

USDC# 09-377

03/02/09 Petition filed

04/09/09 Amended petition filed

04/24/09 Second amended petition filed

05/04/10 Petition denied

06/01/10 Motion to alter judgment filed

02/11/11 Motion denied

United States Court of Appeals, 11^th Circuit – Habeas Appeal

USCA# 11-11199

(Pending)

03/14/11 Certificate of Appealability filed

03/21/11 Appeal filed

Factors Contributing to the Delay in the Imposition of the Sentence:

The Direct Appeal was pending in the Florida Supreme Court for three years.

The Circuit Court took nearly four years to render a decision on Morton’s 3.850 Motion.

Case Information:

Morton filed a Direct Appeal to the Florida Supreme Court on 03/28/94. The Direct Appeal raised the issue of possible improper impeachment of witnesses by the State. The Court ruled that the “cumulative effect of continual impeachment [of witnesses] made it all the more difficult for the jury to separate substantive evidence from the evidence it had been instructed to consider solely for impeachment.” This error was ruled harmless beyond a reasonable doubt in regard to the guilt phase, but the Court was unable to confidently conclude that the jury’s recommended sentence of death was reliable. On 03/06/97, the conviction was affirmed, but the case was remanded to the Circuit Court for a new sentencing phase. The order for resentencing was dated 02/18/99, and a new jury, with a vote of 11-1, recommended the death sentence for the two murders.

Morton filed a Direct Appeal for resentencing to the Florida Supreme Court on 03/25/99. Four claims were presented on appeal. The Court ruled only one claim to have error, the failure to consider Morton’s antisocial personality disorder as a mitigating factor. This error was found to be harmless and the Court affirmed the death sentences on 06/28/01.

On 06/28/02, Morton filed a 3.850 Motion to the Circuit Court. An amended Motion was filed. The lower court denied all claims filed in Morton’s 3.850 Motion on 04/04/06. On 09/13/06, the lower court issued an order granting the Motion for rehearing.

On 10/20/06, Morton filed a 3.850 Appeal to the Florida Supreme Court. On 08/28/08, the Florida Supreme Court affirmed the trial court’s disposition and denied the postconviction relief appeal. Morton filed a Motion for Rehearing on 09/10/08, which was denied on 11/18/08. On 12/04/08, the Florida Supreme Court issued a mandate in this case.

On 06/26/07, Morton filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court. This petition was denied on 08/28/08. On 09/10/08, Morton filed a Motion for Rehearing which was denied on 11/18/08.

On 02/13/09, Morton filed a Petition for Writ of Certiorari in the United States Supreme Court. This petition was denied on 04/20/09.

On 03/02/09, Morton filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District. Morton filed an amended petition on 04/09/09 and a second amended petition on 04/24/09. This petition was denied on 05/04/10. A motion to alter judgment was filed on 06/01/10, and it was denied on 02/11/11.

Morton applied for a Certificate of Appealability on 03/14/11 and filed a Habeas Appeal on 03/21/11 in the United States Court of Appeals, 11^th Circuit. This case is currently pending.

Institutional Adjustment:

DATE	DAYS	VIOLATION	LOCATION
12/27/99	0	SPOKEN THREATS	UNION C. I.

Report Date: 01/09/02 NMP

Approved: 01/09/02 WS

Updated: 03/24/11 EMJ