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