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. 

 

FINNEY, Charles W. (B/M)

DC#    516349

DOB: 01/05/54

 

Thirteenth Judicial Circuit, Hillsborough County Case # 91-1611

Sentencing Judge: The Honorable Susan Sexton

Attorney, Trial: Barbara Pittman & Richard Escobar – Special Assistant Public Defender Attorney, Direct Appeal: Steven Bolotin – Assistant Public Defender

Attorney, Collateral Appeals:  James Viggiano – CCRC-M & Pam Izakowitz – Registry

 

Date of Offense:         01/16/91

Date of Sentence:       11/10/92

 

Circumstances of Offense:

 

The body of Sandra Sutherland was discovered on the bed of her apartment around 2:00 p.m. on 01/16/91.  She had been gagged, bound, and stabbed thirteen times in the back, with all but one wound penetrating the lungs.  Sutherland’s bedroom had been ransacked, the contents of her purse dumped on the floor, and her VCR was missing. 

 

Numerous fingerprints were gathered from the apartment, including prints from a piece of paper and from a jar of face cream found in the bedroom.   The VCR was located at a local pawn shop.  Fingerprints found at the apartment and on the VCR matched a fingerprint on a pawn shop ticket for Charles W. Finney, who had pawned the VCR for a $30 loan.   

 

When questioned by police about his whereabouts on the day of the murder, Finney told police that he was home sick and never left his apartment.  When police confronted Finney with the fact that he had pawned Sutherland’s VCR, he told police that he was taking out his garbage, found the VCR, and pawned it for cash.

 

Finney was a neighbor of Sutherland, until she moved to a different apartment in the same complex eight months prior to the murder.  Finney testified that Sutherland contacted him about screening in her patio at her new apartment, and that he had been in Sutherland’s apartment to help her move boxes in the apartment. 

 

Prior Incarceration History in the State of Florida:

 

Prior to the murder, Finney was sentenced to two years of community supervision for a 1990 Cocaine Possession charge. 

 

On 01/29/91, Finney raped, robbed, and kidnapped a gift shop owner.  On 07/20/92, Finney was convicted of the crimes, and on 11/10/92, he was sentenced to two terms of thirty years imprisonment and one term of life imprisonment, respectively (Case # 91-1612).

  

Trial Summary:

 

02/16/91          Indicted as follows:

Count I            First-Degree Murder

Count II          Armed Robbery

Count III         Sexual Battery

Count IV         Dealing in Stolen Property

09/14/92          State nolle prossed Count III of the indictment

09/17/92          Jury returned guilty verdicts on all counts of the indictment

09/18/92          Jury recommended death by a vote of 9-3

11/10/92          Sentenced as follows:

Count I            First-Degree Murder – Death

Count II          Armed Robbery – Life Imprisonment

Count IV         Dealing in Stolen Property – 15 years

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 80,990

660 So. 2d 674

 

12/31/92          Appeal filed

07/20/95          FSC affirmed convictions and sentences

09/18/95          Rehearing denied

10/18/95          Mandate issued

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 95-6955

516 U.S. 1096

 

12/04/95          Petition filed

01/22/96          USSC denied Petition

 

Circuit Court – 3.850 Motion

CC# 91-1611

 

03/31/97          Motion filed

05/04/00          Circuit Court denied Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 00-1351

831 So. 2d 651

 

06/22/00          Appeal filed

09/26/02          FSC affirmed denial of 3.850 Motion

11/22/02          Rehearing denied

12/23/02          Mandate issued

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 01-356

831 So. 2d 651

 

02/19/01          Petition filed

09/26/02          FSC denied Petition

11/22/02          Rehearing denied

12/23/02          Mandate issued

 

U.S. District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 02-CV-2217

 

01/24/03          Petition filed

07/21/03          Petition amended

07/17/06          USDC denied petition

 

Circuit Court – 3.850 Motion

Case# 91-1611

 

07/11/03          Motion filed

03/16/04          Circuit Court denied Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 04-887

907 So. 2d 1170

 

05/21/04          Appeal filed

05/06/05          FSC affirmed denial of the Motion

07/08/05          Rehearing denied

 

U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal

USCA# 06-14282

 

08/03/06          Appeal filed

11/13/06          USCA denied Certificate of Appealability

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 06-10544

127 S. Ct. 2944

 

02/05/07          Petition filed

06/11/07          USSC denied petition

 

Circuit Court – 3.850 Motion

CC# 91-1611

 

06/21/07          Motion filed

09/26/08          Motion denied

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 08-2137

18 So.3d 527

 

11/17/08          Appeal filed

09/03/09          FSC affirmed denial of the Motion

 

Circuit Court – 3.850 Motion

CC# 91-1611

 

11/29/10          Motion filed

01/31/11          Motion denied

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 11-426

(Pending)

 

03/04/11          Appeal filed

 

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The case progression appears to be within acceptable time parameters.

 

Case Information:

 

Finney filed a Direct Appeal with the Florida Supreme Court on 12/31/92, citing the following errors: insufficient evidence to support convictions and the use of pecuniary gain as an aggravator; excluding evidence that the bondage was of a consensual and  sexual nature; denying a defense request that Finney’s shackles be removed during the penalty phase; allowing the testimony and prohibiting cross-examination of the victim of the robbery and rape perpetrated two weeks after the Sutherland murder; denying the request for jury instructions on the specific nonstatutory mitigating circumstances; and instructing and finding three aggravating factors.  On 07/20/95, the FSC affirmed the convictions and sentences. 

 

Finney filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/04/95 that was denied on 01/22/96. 

 

Finney filed a 3.850 Motion with the Circuit Court on 03/31/97 that was denied on 05/04/00. 

 

Finney filed a 3.850 Motion Appeal with the Florida Supreme Court on 06/22/00, citing claims of ineffective assistance of counsel.  On 09/26/02, the FSC affirmed the trial court’s denial of the 3.850 Motion. 

 

Finney filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 02/19/01, citing claims of ineffective assistance of counsel.  On 09/26/02, the FSC denied the Petition. 

 

Finney filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 01/24/03, and on 07/17/06, the USDC denied the petition. 

 

Finney filed a 3.850 Motion with the Circuit Court on 07/11/03 that was denied on 03/16/04.

 

Finney filed a 3.850 Motion Appeal with the Florida Supreme Court on 05/21/04 that was denied on 05/06/05.    

 

Finney filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit on 08/03/06.  On 11/09/06, the USCA denied the Certificate of Appealability

 

Finney filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 02/05/07 that was denied on 06/11/07.

 

On 06/21/07, Finney filed a Successive Motion to Vacate in the Circuit Court that was denied on 09/26/08.

 

Finney filed a 3.850 Motion Appeal with the Florida Supreme Court on 11/17/08 that was denied on 09/03/09.

 

On 11/29/10, Finney filed a Successive Motion to Vacate in the Circuit Court. That motion was denied on 1/31/11.

 

On 03/04/11, Finney filed a 3.850 motion appeal in the Florida Supreme Court. That appeal 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      

07/25/03               60                           LYING TO STAFF                 UNION C. I.        

 

 

________________________________________________________________________

 

Report Date:   07/02/03          JFL

Approved:       07/24/03          WS

Updated:         03/11/11          JJK