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.

 

ALLEN, Lloyd Chase (W/M)

AKA:  Lee Brock

DC #    890793

DOB:   10/25/45

 

Sixteenth Judicial Circuit, Monroe County, Case #92-30056-CF

Sentencing Judge: The Honorable Richard Fowler

Trial Attorney: Gerod Hooper – Assistant Public Defender

Attorney, Direct Appeal: Valerie Jonas – Assistant Public Defender

Attorneys, Collateral Appeal: Leor Veleanu – CCRC-S & William McKinley Hennis – CCRC-S/Federal

 

Date of Offense:           11/13/91

Date of Sentence:         03/03/93

 

 

Circumstances of Offense:

 

Lloyd Chase Allen, the defendant, was convicted and sentenced to death for the November 13, 1991, murder of Dortha Cribbs.

 

Apparently, Cribbs met Allen at a truck stop while driving from her home in Ohio to Florida.  Allen accompanied Cribbs to visit her friend in Jacksonville Beach and to sell her trailer in Bunnell.  Cribs announced to her friends that after she sold her trailer and her vacation home in Summerland Key, she planned to enter the trucking business with Allen.  Cribbs reportedly sold her trailer for $4,100.

 

A witness outside of Cribbs’ Summerland Key home saw her exit and re-enter in the early morning of her murder.  The witness also saw Allen exit and re-enter that day around 11 a.m.  A real estate agent entered the house around 12:30 p.m. after his knocks went unanswered and discovered Cribbs’ body lying face down in the master bedroom surrounded by a pool of blood.  Cribbs suffered from a stab wound in her neck, severing her carotid artery and subsequently causing her to bleed to death.  The medical examiner estimated that it took Cribbs 30 minutes to bleed to death, retaining consciousness for 15 minutes.  There were also two pre-morbid stab wounds to Cribbs’ face and ligature marks found on her wrists and ankles.

 

Items belonging to Allen were found at the scene, in addition to a pair of bloodstained jeans and a semen-stained towel.  Cribbs’ $8000 diamond ring was missing, as well as her $4100.

 

A taxi driver testified that he drove Allen from the Buccaneer Lodge Tiki Lounge to Key Largo around 12:30 p.m. the day of the murder.  Cribbs’ car was later found abandoned at the Buccaneer Lodge Tiki Lounge.  Police recovered a trucker’s logbook belonging to Allen in Cribbs’ car, which subsequently led to his arrest in California on February 18, 1992.

 

 

Additional Information:

 

Allen committed the capital felony after having escaped from a work release program in Kansas.

 

DNA laboratory tests confirm that the semen found on the towel could have originated from Allen.

 

During the penalty phase of the trial, Allen voluntarily chose to represent himself, and was found competent by the court to do so.  He also elected not to introduce any mitigating evidence on his behalf and actually asked for the penalty of death.

 

 

Trial Summary:

 

02/18/92          Defendant arrested in California.

02/26/92          Defendant indicted for First-Degree Murder, Case # 92-30056-CF

                                    Count I:            Robbery with a Deadly Weapon

                                    Count II:           Grand Theft

                                    Count III:         Grand Theft Auto

                                    Count IV:         Kidnapping

04/14/92          Public Defender appointed.

04/28/92          Written plea of “not guilty” entered.

02/12/93          The jury found the defendant guilty of First Degree Murder, as to:

                                    Count I:            Robbery with a Deadly Weapon – Acquitted

                                    Count II:           Grand Theft – Acquitted

                                    Count III:         Grand Theft Auto – Guilty

                                    Count IV:         Kidnapping – Not Guilty

02/16/93          Upon advisory sentencing, the trial jury, by an 11 to 1 majority, voted for the death penalty.

03/03/93          The defendant was sentenced as followed:

                                    Murder in the First-Degree – Death

                                    Count III:         Grand Theft Auto – 5 years

 

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC #81,639

662 So. 2d 323

 

04/23/93          Appeal filed.

07/20/95          FSC affirmed convictions and sentence of death.

11/01/95          Rehearing denied.

12/01/95          Mandate issued.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #95-7555

517 U.S. 1107

 

01/23/96          Petition filed.

03/25/96          Petition denied.

 

Circuit Court – 3.850 Motion

CC #92-30056

 

03/19/97          Motion filed.

12/18/01          Motion denied.

 

Florida Supreme Court – 3.850 Appeal

FSC #SC02-371

854 So.2d 1255

 

02/15/02          Appeal filed.

07/10/03          Denial affirmed.

09/08/03          Rehearing Denied.

10/08/03          Mandate issued.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #SC02-1079

854 So.2d 1255

 

05/08/02          Petition filed.

07/10/03          Petition denied.

10/08/03          Mandate issued.

 

United States District Court, Southern District – Petition for Writ of Habeas Corpus

USDC #03-CV-10077

 

10/14/03          Petition filed.

03/31/09          Petition denied.

 

Circuit Court – 3.853 Motion

CC #92-30056

 

03/16/05          Motion filed.

01/05/06          Motion denied.

 

Florida Supreme Court – 3.853 Motion Appeal

FSC# 06-475

957 So. 2d 635

 

03/10/06          Appeal filed.

02/15/07          Denial affirmed.

 

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

USCA #09-13217-P 

 

07/01/09          Appeal filed.

09/30/10          Denial affirmed.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC # 10A524

(Pending)

 

02/14/11          Petition filed.

 

 

 

 

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

 

The FSC, in consideration of the financial status of the CCR, granted a motion to toll time regarding the filing of the 3.850 until 09/01/97.  The disposition of his 3.850 Motion took over four years.

 

 

Case Information:

 

Allen filed his Direct Appeal to the Florida Supreme Court on 04/23/93.  Allen’s appeal claimed error in the admission of a familial photograph of the victim, irrelevant familial testimony, and victim impact information.  Allen also claimed that the court failed to uphold the guidelines of mitigating evidence set forth in Koon. v. Dugger, which state that upon accepting a waiver of mitigating evidence from a defendant, the defense must investigate possible mitigating factors and place them on record.  Lastly, Allen claimed the court erred in its application of pecuniary gain and HAC as aggravating factors.  The Supreme Court affirmed the convictions and sentence of death on 07/20/95.

 

A Petition for Writ of Certiorari was filed on 01/23/96 in the United States Supreme Court, and was denied on 03/25/96. 

 

On 03/19/97 Allen filed a 3.850 motion in the State Circuit Court, which was denied on 12/18/01.  On 02/15/02, he filed an appeal of that decision in the Florida Supreme Court, which was affirmed on 7/10/03.

 

On 05/08/02, Allen filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court, which was denied on 07/10/03.

 

On 10/14/03, Allen filed a Petition for Writ of Habeas Corpus in the United States District Court, Southern District that was denied on 03/31/09.

 

On 03/16/05, Allen filed a 3.853 Motion in the State Circuit Court that was denied on 01/05/06. 

 

On 03/10/06, Allen filed a 3.853 Motion Appeal in the Florida Supreme Court.  On 02/15/07, the FSC affirmed the denial of the motion.  The Court denied a motion for rehearing on 02/15/07.

 

On 07/01/09, Allen filed a Habeas Appeal in the United States Court of Appeals, Eleventh Circuit and the denial was affirmed on 09/30/10.

 

On 02/14/11, Allen filed a Petiton for Writ of Habeas Corpus in the United States Supreme Court. That petiton is pending.

 

 

Institutional Adjustment: LLOYD CHASE ALLEN DC #890793

 

 DATE                   DAYS                     VIOLATION                                LOCATION     

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

 11/09/94                0                              POSS OF CONTRABAND          UNION C. I.       

 08/01/95                0                              POSS OF WEAPONS                 UNION C. I.       

 08/02/95                0                              UNAUTH USE OF DRUGS         UNION C. I.       

 08/18/95                0                              POSS OF CONTRABAND          UNION C. I.       

 09/04/95                0                              POSS OF CONTRABAND          UNION C. I.       

 

 

10/12/01 – ew

10/25/01 – approved – ws

04/13/11 – updated – jjk