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.
MEEKS, Douglas Ray (B/M)
DC# 046346
DOB: 06/28/53
Third Judicial Circuit, Taylor County, Case# 74-299CF
Sentencing and Resentencing Judge: The Honorable John Royce Agner
Trial Attorney: John F. Howard – Private
Attorney, Direct Appeal: John F. Howard – Private
Attorney, Collateral Appeals: Clyde M. Taylor, Jr. – Registry
Date of Offense: 11/06/74
Date of Sentence: 03/12/75
Date of Resentence: 09/23/77
Circumstances of the Offense:
Douglas Ray Meeks was convicted and sentenced to death for the murder of Lloyd Walker on 03/12/75.
On the evening of 11/06/74, Douglas Ray Meeks and Homer Hardwick entered the Jr. Food Store of Perry, Florida. Meeks pulled a gun on the store’s cashier, Diane Allen, and Hardwick grabbed Lloyd Walker, a teenager in the store. After giving Meeks about $35 from the cash register, Allen and Walker were taken to the back of the store and told to lie face down on the floor of the bottle storage room. Meeks fired several shots before he and Hardwick fled the scene. Walker died from the gunshot wounds, but Allen survived and testified for the State. Meeks was arrested on 11/12/74.
Codefendant Information:
Homer Hardwick (DC# 046777)
Hardwick was convicted of first-degree murder, armed robbery, and aggravated assault with no intent to kill (CC# 74-298). Hardwick received two life sentences for the first two offenses and 15 years of imprisonment for the third offense.
Additional Information:
Meeks was indicted for a second, similar offense he committed two weeks prior to this offense (CC# 74-300).
Meeks was previously arrested in the state of Mississippi and charged with fighting and trespassing. He consequently served minor jail time for these offenses.
Meeks had no previous incarceration history in the state of Florida prior to the instant murder convictions.
Trial Summary:
11/19/74 Indicted as follows:
Count I: First-Degree Murder
Count II: Robbery
Count III: Assault with Intent to Commit Murder
Count IV: Possession of a Firearm/Commission of a Felony
03/12/75 Jury returned guilty verdicts on all counts of the indictment
03/12/75 Jury recommended death by a vote of 12-0
03/12/75 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Robbery – Life
Count III: Assault with Intent to Commit Murder – 15 years to run consecutively with Count II
Count IV: Possession of a Firearm/Commission of a Felony – 15 years to run consecutively with Count III
05/06/77 FSC issued an order requiring the trial judge, John Royce Agner, to respond to the decree made by the United States Supreme Court in Gardner v. Florida[1].
05/19/77 Judge Agner filed a response regarding the Gardner question, stating that he considered Dr. Carrera’s examination of Meeks without furnishing a copy of the aforementioned report to Meeks’ defense counsel for explanation or refutation.
06/22/77 FSC remanded Meeks’ case to the Circuit Court for an evidentiary hearing concerning resentencing pursuant to the ruling made in Gardner.
09/23/77 Evidentiary hearing held in the Circuit Court, before Judge Agner. Meeks was resentenced to death, after evidence was considered under the guidelines set forth in Gardner.
Appeal Summary:
*NOTE: Following the Direct Appeals of both death sentences (CC# 74-299 & CC# 74-300) and the ensuing Petition for Writ of Certiorari filed pursuant to CC# 74-299, the two murder cases began to navigate the appellate process together, whereby one filing covered both cases.
Florida Supreme Court – Direct Appeal
FSC# 47,533
339 So. 2d 186 (Fla. 1976)
364 So. 2d 461 (Fla. 1978)
06/11/75 Appeal filed
11/02/78 FSC affirmed the conviction and sentence of death
United States Supreme Court – Petition for Writ of Certiorari
USSC# 76-6882
439 U.S. 991 (U.S. 1978)
06/08/77 Petition filed
11/27/78 Petition denied
State Circuit Court – 3.850 Motion
CC# 74-299
12/11/79 Motion filed
02/05/80 Motion denied
02/08/80 Order amended
Florida Supreme Court – 3.850 Appeal
FSC# 58,618
382 So.2d 673 (Fla. 1980)
02/07/80 Appeal filed
03/20/80 FSC remanded to the Circuit Court for an evidentiary hearing to examine Meeks’ claim of ineffective counsel
04/07/80 Motion for rehearing filed
05/19/80 Rehearing denied
State Circuit Court – 3.850 Motion (On Remand from FSC)
CC# 74-299
03/20/80 FSC remanded to the Circuit Court for an evidentiary hearing to examine Meeks’ claim of ineffective counsel
10/22/80 Motion denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 82-5744
459 U.S. 1155 (U.S. 1983)
11/13/82 Petition filed
01/17/83 Petition denied
United States District Court, Northern District – Petition for Writ of Habeas Corpus
USDC# 80-0746
11/08/82 Petition filed
06/28/85 Petition denied
United States Court of Appeals for the 11th Circuit – Habeas Appeal
USCA# 87-3281
963 F.2d 316 (U.S. 1992)
*NOTE: In 1987, while this appeal was pending, the United States Supreme Court rendered a decision in Hitchcock v. Dugger[2], pointing out an error that may have affected the sentencing in Meeks’ cases. The United States Court of Appeals for the 11th Circuit ordered a remand in order for Meeks to present his Hitchcock claim to the Florida Supreme Court.
08/19/85 Appeal filed
05/29/92 USCA remanded Meeks’ petition to the District Court for an evidentiary hearing to examine Meeks’ claim of ineffective counsel at trial and on appeal
08/24/92 Rehearing denied
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 71,947
576 So. 2d 713 (Fla. 1991)
02/18/88 Petition filed
06/22/89 FSC granted the petition and remanded for an evidentiary hearing to determine if a Hitchcock error occurred, requiring a new penalty phase proceeding
01/10/91 FSC withdrew their previous ruling
04/11/91 FSC issued a new opinion, granted the petition and remanded for an evidentiary hearing
State Circuit Court – Evidentiary Hearing (On Remand from FSC)
CC# 74-299
04/11/91 FSC granted the petition and remanded for an evidentiary hearing
United State Supreme Court – Petition for Writ of Certiorari (Filed by State)
USSC# 92-931
507 U.S. 950; 113 S. Ct. 1362; 122 L. Ed. 2d 741 (U.S. 1993)
11/23/92 Petition filed
02/22/93 Petition denied
United States District Court, Northern District – Petition for Writ of Habeas Corpus (On Remand From USCA)
USDC# 80-746
05/29/92 USCA remanded Meeks’ petition to the District Court for an evidentiary hearing to examine Meeks’ claim of ineffective counsel at trial and on appeal
09/29/98 Petition denied
United States Court of Appeals for the 11th Circuit – Habeas Appeal
USCA# 98-3693
216 F. 3d 951 (U.S. 2000)
*NOTE: After the Florida Supreme Court granted Meeks’ Petition for Writ of Habeas Corpus for an evidentiary hearing to determine whether a Hitchcock error occurred necessitating a new penalty phase, the State Circuit Court proceedings were held in abeyance until the resolution of this Federal Habeas Appeal.
01/04/99 Appeal filed
06/27/00 USCA affirmed the District Court’s denial of Meeks’ Petition for Writ of Habeas Corpus
United States Supreme Court – Petition for Writ of Certiorari
USSC# 00-7352
531 U.S. 1159
12/04/00 Petition filed
02/20/01 Petition denied
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.
MEEKS, Douglas Ray (B/M)
DC# 046346
DOB: 06/28/53
Third Judicial Circuit, Taylor County, Case# 74-300CF
Sentencing Judge: The Honorable John Royce Agner
Trial Attorney: John F. Howard – Private
Attorney, Direct Appeal: John F. Howard – Private
Attorney, Collateral Appeals: Clyde M. Taylor, Jr. – Registry
Date of Offense: 10/24/74
Date of Sentence: 06/04/75
Circumstances of the Offense:
Meeks was convicted and sentenced to death for the murder of Chevis Thompson on 10/24/74.
Meeks entered the Majik Market convenience store in Perry, Florida on the morning of 10/24/74. Chevis Thompson, the manager of the store, was working alone. According to Meeks’ statements, he stabbed Thompson when she confronted him about stealing an item from the store. Several young adults witnessed the defendant fleeing the scene. As the witnesses entered the store, Thompson began waving her hands wildly at them, signaling for help; she was stabbed in the neck. Thompson consequently died from the injuries she suffered.
Upon examination of the crime scene, investigators found bloody prints all over the cash register, as if someone was attempting to open the drawer. Meeks was arrested on 11/12/74.
Trial Summary:
11/19/74 Indicted as follows:
Count I: First-Degree Murder (Chevis Thompson)
12/16/74 Defendant entered a plea of “not guilty by reason of insanity”
06/04/75 Jury returned guilty verdicts on all counts of the indictment
06/04/75 Jury recommended death by a vote of 12-0
06/04/75 Sentenced as follows:
Count I: First-Degree Felony Murder – Death
05/06/77 FSC issued an inquiry pursuant to Gardner, to which Judge Agner replied that his sentencing decision was based solely on information known to the defendant, therefore meeting the guidelines of Gardner.
Additional Information:
Meeks was indicted for a second, similar offense he committed two weeks after this offense (CC# 74-299).
Meeks was previously arrested in the state of Mississippi and charged with fighting and trespassing. He consequently served minor jail time for these offenses.
Meeks had no previous incarceration history in the state of Florida prior to the instant murder convictions.
Appeal Summary:
*NOTE: Following the Direct Appeals of both death sentences (CC# 74-299 & CC# 74-300) and the ensuing Petition for Writ of Certiorari filed pursuant to CC# 74-299, the two murder cases began to navigate the appellate process together, whereby one filing covered both cases.
Florida Supreme Court – Direct Appeal
FSC# 48,080
336 So. 2d 1142 (Fla. 1976)
09/26/75 Appeal filed
07/21/76 FSC affirmed the conviction and death sentence
08/18/76 Motion for rehearing filed
09/30/76 Rehearing denied
*NOTE: At this point in the appellate process, each of Meeks’ motions and appeals were filed pursuant to both cases CC# 74-299 & CC# 74-300.
State Circuit Court – 3.850 Motion
CC# 74-300
12/31/79 Motion filed
02/05/80 Motion denied
02/08/80 Order amended
Florida Supreme Court – 3.850 Appeal
FSC# 58,618
382 So.2d 673 (Fla. 1980)
02/07/80 Appeal filed
03/20/80 FSC remanded to the Circuit Court for an evidentiary hearing to examine Meeks’ claim of ineffective counsel
04/07/80 Motion for rehearing filed
05/19/80 Rehearing denied
State Circuit Court – 3.850 Motion (On Remand from FSC)
CC# 74-300
03/20/80 FSC remanded to the Circuit Court for an evidentiary hearing to examine Meeks’ claim of ineffective counsel
10/22/80 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 59,958
418 So. 2d 987 (Fla. 1982)
11/25/80 Appeal filed
06/17/82 FSC affirmed the Circuit Court’s denial of Meeks’ 3.850 Motion
09/13/82 Rehearing denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 82-5744
459 U.S. 1155 (U.S. 1983)
11/13/82 Petition filed
01/17/83 Petition denied
United States District Court, Northern District – Petition for Writ of Habeas Corpus
USDC# 80-0746
11/08/82 Petition filed
06/28/85 Petition denied
United States Court of Appeals for the 11th Circuit – Habeas Appeal
USCA# 87-3281
963 F.2d 316 (U.S. 1992)
*NOTE: In 1987, while this appeal was pending, The United States Supreme Court rendered a decision in Hitchcock v. Dugger[3], pointing out an error that may have affected the sentencing in Meeks’ cases. The United States Court of Appeals for the 11th Circuit ordered a remand in order for Meeks to present his Hitchcock claim to the Florida Supreme Court.
08/19/85 Appeal filed
05/29/92 USCA remanded Meeks’ petition to the District Court for an evidentiary hearing to examine Meeks’ claim of ineffective counsel at trial and on appeal
08/24/92 Rehearing denied
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 71,947
576 So. 2d 713 (Fla. 1991)
02/18/88 Petition filed
06/22/89 FSC granted the petition and remanded for an evidentiary hearing to determine if a Hitchcock error occurred, requiring a new penalty phase proceeding
01/10/91 FSC withdrew their previous ruling
04/11/91 FSC issued a new opinion, granted the petition and remanded for an evidentiary hearing
State Circuit Court – Evidentiary Hearing (On Remand From FSC)
CC# 74-300
04/11/91 FSC granted the petition and remanded for an evidentiary hearing
United State Supreme Court – Petition for Writ of Certiorari (Filed by State)
USSC# 92-931
507 U.S. 950
11/23/92 Petition filed
02/22/93 Petition denied
United States District Court, Northern District – Petition for Writ of Habeas Corpus (On Remand From USCA)
USDC# 80-746
05/29/92 USCA remanded Meeks’ petition to the District Court for an evidentiary hearing to examine Meeks’ claim of ineffective counsel at trial and on appeal
09/29/98 Petition denied
United States Court of Appeals for the 11th Circuit – Habeas Appeal
USCA# 98-3693
216 F. 3d 951 (U.S. 2000)
*NOTE: After the Florida Supreme Court granted Meeks’ Petition for Writ of Habeas Corpus for an evidentiary hearing to determine whether a Hitchcock error occurred necessitating a new penalty phase, the State Circuit Court proceedings were held in abeyance until the resolution of this Federal Habeas Appeal.
01/04/99 Appeal filed
06/27/00 USCA affirmed the District Court’s denial of Meeks’ Petition for Writ of Habeas Corpus
United States Supreme Court – Petition for Writ of Certiorari
USSC# 00-7352
531 U.S. 1159
12/04/00 Petition filed
02/20/01 Petition denied
Death Warrants:
01/09/80 Death warrant signed by Governor Bob Graham
02/11/80 Florida Supreme Court granted a stay of execution
10/20/82 Death warrant signed by Governor Bob Graham
11/10/82 United States District Court, Northern District, granted a stay of execution
04/21/87 Death warrant signed by Governor Bob Martinez
05/28/87 United States Court of Appeal for the 11th Circuit granted a stay of execution
Clemency:
12/12/79 Clemency hearing held (denied)
Factors Contributing to the Delay in the Imposition of the Sentence:
Three factors have contributed to the delays in this case. First, the Circuit Court proceedings were held in abeyance pending the resolution of Meeks’ Federal Habeas Petition and subsequent appeal. This delay held up state proceedings for over ten years. A second cause of delay in these cases was the four remands, three by the Florida Supreme Court and one by the United States Court of Appeals. The state Supreme Court’s first remand was prompted by the United States Supreme Court’s decision in Gardner v. Florida, which was issued subsequent to the Florida opinions on the direct appeals. The resulting Gardner inquiry to the trial court and subsequent remand pushed back the filing of Meeks’ 3.850 motions by approximately four years. The third reason for delay was the Florida Supreme Court’s withdrawal of its 1989 decision in Meeks’ Petition for Writ of Habeas Corpus. The court disposed of the case two years later.
Case Information:
Meeks filed a direct appeal (CC# 74-299) to the Florida Supreme Court on 06/11/75. He argued that his conviction should be reversed because the State failed to prove corpus delecti[4]. Meeks also claimed that the court erred during the penalty phase in failing to poll the jury individually and in its application of aggravating factors. The Florida Supreme Court affirmed the convictions and sentence of death on 10/28/76. Following a Gardner inquiry, the Circuit Court resentenced Meeks to death on 09/23/77, and the Florida Supreme Court affirmed the Circuit Court’s decision on 11/02/78.
Meeks filed a direct appeal (CC# 74-300) to the Florida Supreme Court on 09/26/75. In that appeal, Meeks argued that the trial court erred in failing to prove corpus delecti and in not individually polling the jury as to their advisory recommendations. The Court affirmed the convictions and death sentence on 07/21/76.
Meeks filed a Petition for Writ of Certiorari to the United States Supreme Court on 06/08/77, which was denied on 11/27/78.
Meeks then filed a 3.850 motion (CC# 74-299 & 74-300) to the Circuit Court. Of the many claims brought up in the motion, the court only responded to Meeks’ contention of ineffective counsel and racial discrimination in capital sentencing. The Circuit Court denied Meeks’ 3.850 Motion on 02/08/80, after which he filed an appeal in the Florida Supreme Court on 02/07/80. The Court issued an opinion, in which they remanded to the Circuit Court for an evidentiary hearing to examine Meeks’ claim of ineffective counsel. Following an evidentiary hearing, the motion was again denied and the Florida Supreme Court affirmed this decision on 06/17/82.
On 11/13/82, Meeks filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 01/17/83.
On 11/08/82, Meeks filed a Petition for Writ of Habeas Corpus to the United States District Court, Northern District. In that petition, he raised 13 issues, but the court only addressed Meeks’ claim of ineffective counsel at trial and the racial discrimination of capital punishment. The District Court denied the petition on 06/28/85.
Meeks filed an appeal in the United States Court of Appeals for the 11th Circuit on 08/19/85. In 1987, while this appeal was pending, the United States Supreme Court rendered a decision in Hitchcock, pointing out an error that may have affected the sentencing in Meeks’ cases. The United States Court of Appeals for the 11th Circuit ordered a remand in order for Meeks to present his Hitchcock claim to the Florida Supreme Court. Following the disposition of that action, the United States Court of Appeals for the 11th Circuit remanded the case for an evidentiary hearing regarding Meeks’ claim of ineffective counsel at trial and on appeal on 05/29/92. The Court of Appeals also asked the District Court for an explanation as to why they addressed only two of Meeks’ 13 points of appeal, when those 11 other claims were never formally withdrawn.
On 02/18/88, Meeks filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court challenging his death sentences under the ruling set forth in Hitchcock. Meeks asserted that his defense counsel would have presented more mitigating evidence on his behalf but felt restricted to presenting statutory mitigating factors alone. The Florida Supreme Court granted Meeks petition and remanded for an evidentiary hearing on 06/22/89 but withdrew that decision in January 1991. The Court issued a new opinion, granted the petition, and remanded for an evidentiary hearing on 04/11/91.
The State filed a Petition for Writ of Certiorari to the United States Supreme Court on 11/23/92, which was denied on 02/22/93.
After the Florida Supreme Court granted Meeks’ Petition for Writ of Habeas Corpus due to a Hitchcock error and remanded for an evidentiary hearing, the Circuit Court proceedings were held in abeyance until the resolution of Meeks’ Federal Habeas Appeal, which was remanded to the District Court in 1992.
After an evidentiary hearing on Meeks’ claim of ineffective counsel, following the Court of Appeals’ remand on 05/29/92, the United States District Court denied Meeks’ Petition for Writ of Habeas Corpus on 09/29/98. Meeks then filed an appeal in the United States Court of Appeals on 01/04/99. The Court affirmed the denial of the Federal Habeas Petition on 06/27/00.
Following the disposition of Meeks’ Federal Habeas Appeal in June 2000, the case is currently pending an evidentiary hearing with the Circuit Court (CC# 74-299 & 74-300).
Meeks filed a petition for Writ of Certiorari to the United States Supreme Court on 12/04/00, which was denied on 02/20/01.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- --- ---------------- -------------------
06/04/75 90 LUMP SUM FROM FSU CENTRAL OFFICE
04/09/78 60 UNARMED ASSAULT FLORIDA STATE PRISON
07/20/78 60 DISOBEYING ORDER FLORIDA STATE PRISON
03/05/85 90 INCITING RIOTS FLORIDA STATE PRISON
03/05/85 60 DISOBEYING ORDER FLORIDA STATE PRISON
03/08/85 15 POSS OF NEGOTIABLES FLORIDA STATE PRISON
11/21/91 0 LYING TO STAFF FLORIDA STATE PRISON
________________________________________________________________________
Report Date: 12/26/01 EW
Approved: 01/01/02 WS
Updated: 01/10/06 NRC
[1] Gardner v. Florida – The Supreme Court ruled that it was a violation of due process rights to impose the death penalty if the trial judge considered information unknown to the defendant in rendering their sentencing decision.
[2] Hitchcock v. Dugger – The United States Supreme Court ruled that it was error to instruct the jury as to statutory mitigating evidence alone. A death sentence was also deemed erroneous if the trial court sentenced a defendant to death after only considering statutory mitigating factors, when there was also non-statutory evidence available for consideration.
[3] Hitchcock v. Dugger – The United States Supreme Court ruled that it was error to instruct the jury as to statutory mitigating evidence alone. A death sentence was also deemed erroneous if the trial court sentenced a defendant to death after only considering statutory mitigating factors, when there was also non-statutory evidence available for consideration.
[4] Corpus delecti – the physical or material evidence on which a crime has been committed.