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 on for statistical or legal purposes.

ALSTON, Pressley (B/M)

DC # 709795

DOB: 10/20/71

Fourth Judicial Circuit, Duval County, Case #95-5326-CF

Sentencing Judge: The Honorable Aaron K. Bowden

Trial Attorney: Alan Chipperfield – Assistant Public Defender

Attorney, Direct Appeal: Teresa J. Sopp – Private

Attorney, Collateral Appeal: Frank Tassone – Private & Pro Se (Federal)

Dates of Offense: 01/22/95

Date of Sentence: 01/12/96

Circumstances of Offense:

Pressley Alston, the defendant, was convicted and sentenced to death for the robbery, kidnapping, and murder of James Lee Coon.

Coon was last seen on 01/22/95 leaving a Jacksonville hospital and his car, a red Honda Civic, was found abandoned behind a convenience store the next day. On 01/23/95, Gwenetta Faye McIntyre, with whom the defendant was residing at the time, was returning home to Jacksonville after having left due to a quarrel with Alston. McIntyre drove her gray Monte Carlo into the parking lot of a convenience store when she noticed Alston and his half brother Dilianjan Ellison pull up from behind in a red Honda Civic. Alston and Ellison parked perpendicularly to McIntyre, preventing her from driving off. When the defendant approached McIntyre’s window, she responded by driving her car forward into the store and backwards into the Civic. At this time, Alston reportedly got in the Civic, drove it behind the convenience store, and abandoned it. Alston and Ellison then got in the McIntyre’s Monte Carlo, and they all drove away together. The defendant told McIntyre that the Civic was stolen, at which time McIntyre noticed that Alston had her .32 revolver that she kept in her home.

McIntyre became suspicious of the defendant upon hearing news of Coon’s disappearance, and knowing that Coon was driving a red Honda Civic the night of 01/22/95. McIntyre began to suspect Alston when he asked her how long it would take for a body to decompose and fingerprints to rub off a bullet. McIntyre confided in her minister and, in turn, contacted the sheriff’s department on 05/25/95. Based on the information McIntyre gave deputies and the .32 revolver they found in her home, police arrested Alston and Ellison later that day.

In a written confession, Alston stated that he and Ellison planned to rob Coon. The defendant and Ellison got into Coon’s car outside the hospital and had him drive out to Heckscher Drive. The defendant and Ellison searched Coon’s car and took approximately $80-$100 from Coon’s wallet. When others approached the scene, Alston, Ellison, and Coon drove off to another location where they shot Coon to death.

Prior Community Supervision History in the State of Florida:

DATE	OFFENSE	SENTENCED	COUNTY	CASE #	SUPERVISION LENGTH

07/20/1990	GRAND THEFT,$300 LESS &20,000	11/07/1990	ST. JOHNS	9001556	5Y 0M 0D
07/20/1990	FORGERY/UTTERING	10/18/1991	ST. JOHNS	9001556	2Y 0M 0D
07/20/1990	FORGERY/UTTERING	10/18/1991	ST. JOHNS	9001550	2Y 0M 0D
08/30/1990	FORGERY/UTTERING	11/07/1990	ST. JOHNS	9001950	5Y 0M 0D
05/15/1994	FALS.IMPRSN-NO 787.01 INT	08/02/1994	DUVAL	9405373	1Y 0M 0D
05/15/1994	AGG ASSLT-W/WPN NO INTENT TO K	08/02/1994	DUVAL	9405373	1Y 0M 0D

Additional Information:

While in custody for the robbery, kidnapping, and murder of James Lee Coon, Alston escaped and committed an armed robbery on 08/11/95.

Alston suffers from bi-polar disorder.

Codefendant Information:

Dilianjan Ellison, the codefendant, was convicted of 3^rd Degree Murder and False Imprisonment; both crimes carried a sentence of 14 years. He was also convicted of Grand Theft Auto, with a sentence of five years.

Trial Summary:

06/08/95 The Defendant was indicted for:

Count I: First-Degree Murder

Count II: Armed Robbery

Count III: Armed Kidnapping

12/01/95 The jury found the defendant guilty on all counts.

12/14/95 Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the death penalty.

01/12/96 The Defendant was sentenced as followed:

Count I: First-Degree Murder – Death

Count II: Armed Robbery – Life

Count III: Armed Kidnapping – Life

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #87,275

723 So. 2d 148

01/26/96 Appeal filed.

09/10/98 FSC affirmed convictions and sentence of death.

12/17/98 Rehearing denied.

01/25/99 Mandate issued.

Circuit Court – 3.850 Motion

CC #95-5326

11/05/99 Motion filed.

10/22/01 Defendant found incompetent to proceed with post-conviction relief.

03/20/03 Evidentiary hearing held and defendant found competent to proceed.

06/06/03 Motion to waive postconviction appeals filed.

06/25/03 Order entered discharging counsel and dismissing all postconviction proceedings.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #SC02-1904

894 So.2d 46

07/01/02 Petition filed.

12/20/02 Remanded to the Fourth Circuit Court in order to hold a hearing to determine whether Alston seeks a

Durocher hearing and subsequent Faretta hearing.

06/25/03 State Circuit Court entered an order discharging counsel and dismissing all postconviction proceedings.

10/15/03 FSC ordered briefs to be filed addressing the waiver of appeals and the 06/25/03 order by the Circuit Court.

11/17/03 Supplemental Initial brief filed.

12/11/03 Supplemental Initial brief amended.

01/13/04 Supplemental Answer brief filed.

10/14/04 FSC affirmed competency and waiver of appeals order.

10/18/05 Rehearing denied.

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

USDC# 04-257

04/05/04 Petition filed.

10/28/04 Petition amended.

03/15/06 Petition amended.

01/15/09 Petition amended.

08/04/09 Petition denied.

10/07/09 Application for COA

10/27/09 COA granted in part, denied in part

United States Supreme Court – Petition for Writ of Certiorari

USSC# 07-11347

129 S. Ct. 396

05/14/08 Petition filed.

10/14/08 Petition denied.

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

USCA# 09-15137

03/11/10 Appeal filed.

08/09/10 Affirmed USDC denial of habeas petition

United States Supreme Court – Petition for Writ of Certiorari

USSC# 10-6927

10/06/10 Petition filed.

12/13/10 Petition denied.

Factors Contributing to the Delay in the Imposition of the Sentence

The disposition of Alston’s Direct Appeal took three years. His 3.850 Motion was filed in 11/99 and was delayed for over a year due to the court’s finding of the defendant’s incompetence on 10/22/01. On 03/20/03, an evidentiary hearing was held and Alston was found competent to proceed. On 06/25/03, an order was entered discharging counsel and dismissing all postconviction proceedings, and that order was affirmed by the FSC on 10/14/04.

Case Information:

Alston filed his Direct Appeal in the Florida Supreme Court on 01/26/96. Alston’s appeal claimed that the trial court erred in its failure to suppress his confession and in its failure to suppress media video footage, which he believed was prejudiced and misrepresented him. Also, Alston’s appeal claimed error when the trial court denied the defense’s request to tell the jury he was on psychotropic medication and denied the defense’s request to delay the penalty-phase until his co-defendant could be tried and sentenced. Lastly, Alston argued the finding of three aggravating factors. The court found no validity in Alston’s claims and affirmed the judgment and sentence of death on 09/10/98.

On 11/05/99 Alston filed a 3.850 motion in the State Circuit Court. A status conference was held on 10/09/01, and the presiding judge found Alston incompetent to proceed in his post-conviction relief. Alston was diagnosed with bi-polar disorder prior to his criminal proceedings and has been on psychotropic medication for the condition.

On 07/01/02, Alston filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. On 12/20/02, the Florida Supreme Court remanded the petition to the Fourth Circuit Court in order to hold a hearing to determine whether Alston would seek a Durocher hearing, waiving all further postconviction appeals.

On 03/20/03, an evidentiary hearing was held and Alston was found competent to proceed. On 06/06/03, Alston filed a motion to waive postconviction appeals. On 06/25/03, the State Circuit Court entered an order discharging counsel and dismissing all postconviction proceedings.

On 10/15/03, the FSC ordered briefs to be filed addressing the waiver of appeals and the 06/12/03 order by the Circuit Court. A Supplemental Initial brief was filed on 11/17/03 and amended on 12/11/03. A Supplemental Answer brief was filed on 01/13/04. On 10/14/04, the FSC affirmed the competency and waiver of appeals order of the Circuit Court.

On 04/05/04, Alston filed a Petition for Writ of Habeas Corpus in the U.S. District Court, Middle district, on 04/05/04, and amended the petition on 10/28/04, 03/15/06, and 01/15/09. The petition was denied on 08/04/09. On 10/07/09, Alston filed an application for Certificate of Appealability in the U.S. District Court, which was granted in part and denied in part on 10/27/09.

On 05/14/08, Alston filed a Petition for Writ of Certiorari in the United States Supreme Court. This petition was denied on 10/14/08.

On 03/11/10, Alston filed a Habeas Appeal in the United States Court of Appeals, 11^th Circuit. On 08/09/10, The USCA affirmed the lower court’s denial of the habeas petition.

On 10/06/10, Alston filed a petition for Writ of Certiorari in the United States Supreme Court which was denied 12/13/10.

Institutional Adjustment: PRESSLEY ALSTON DC #709795

DATE DAYS VIOLATION LOCATION

-------- ---- ---------------------------- -------------------

04/21/96 15 DISOBEYING ORDER FSP

04/26/96 30 SELF MUTILATION FSP

05/07/96 30 POSS OF CONTRABAND FSP

05/07/96 30 SELF MUTILATION FSP

04/14/97 0 DEST. OF ST. PROP. FSP

06/18/97 0 FIGHTING FSP

09/15/00 60 DISORDERLY CONDUCT UNION C. I.

09/29/00 60 DISOBEYING ORDER UNION C. I.

09/29/00 30 FAILURE TO COMPLY UNION C. I.

09/30/00 60 DISORDERLY CONDUCT UNION C. I.

10/05/00 49 LYING TO STAFF UNION C. I.

10/06/00 0 DISORDERLY CONDUCT UNION C. I.

10/27/00 0 DISOBEYING ORDER UNION C. I.

10/29/00 0 DISOBEYING ORDER UNION C. I.

10/30/00 0 DISOBEYING ORDER UNION C. I.

11/11/00 0 DISOBEYING ORDER UNION C. I.

11/13/00 0 DISOBEYING ORDER UNION C. I.

11/16/00 0 DISORDERLY CONDUCT UNION C. I.

11/18/00 0 DEST. OF ST. PROP. UNION C. I.

11/28/00 0 SPOKEN THREATS UNION C. I.

12/12/00 0 DISOBEYING ORDER UNION C. I.

12/13/00 0 DISOBEYING ORDER UNION C. I.

12/15/00 0 DEST. OF ST. PROP. UNION C. I.

12/16/00 0 DEST. OF ST. PROP. UNION C. I.

01/02/01 0 DISOBEYING ORDER UNION C. I.

01/19/01 0 DISOBEYING ORDER UNION C. I.

02/15/01 0 FAILURE TO COMPLY UNION C. I.

03/09/01 0 DISOBEYING ORDER UNION C. I.

03/14/01 0 DISOBEYING ORDER UNION C. I.

05/29/01 0 DISOBEYING ORDER UNION C. I.

06/24/01 0 DISOBEYING ORDER UNION C. I.

07/05/01 0 DISOBEYING ORDER UNION C. I.

08/05/01 0 SPOKEN THREATS UNION C. I.

10/09/01 0 DISOBEYING ORDER UNION C. I.

12/13/01 0 MAIL VIOLATIONS UNION C. I.

02/22/02 0 POSS OF CONTRABAND UNION C. I.

09/20/02 0 FIGHTING UNION C. I.

10/30/02 0 DISOBEYING ORDER UNION C. I.

________________________________________________________________________

10/18/01 – ew

10/25/01 – approved – ws

01/07/11 – updated – jjk