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. 

 

HITCHCOCK, James (W/M)

DC#    058293

DOB:  04/05/56

 

Ninth Judicial Circuit, Orange County, Case # 76-1942

Sentencing Judge, Trial I:                               The Honorable Maurice M. Paul

Sentencing Judge, Resentencing I:                 The Honorable Gary L. Formet

Sentencing Judge, Resentencing II:               The Honorable Gary L. Formet

Sentencing Judge, Resentencing III:  The Honorable Richard F. Conrad

Attorney, Trial I:                                             Charles Tabscott – Assistant Public Defender

Attorney, Resentencing:                                 Patricia Cashman – Assistant Public Defender

Attorney, Second resentencing:                      Patricia Cashman – Assistant Public Defender

Attorney, Third resentencing:                         Patricia Cashman – Assistant Public Defender

Attorneys, Direct Appeal I:                            Craig S. Barnard & Richard B. Greene – Assistant Public Defenders

Attorneys, Direct Appeal II:                           Steven Malone & Eric Cumfer – Assistant Public Defenders

Attorney, Direct Appeal III:                           Steven Malone – Assistant Public Defender

Attorneys, Direct Appeal IV:                    Steven Malone & Gary Caldwell – Assistant Public Defenders

Attorneys, Direct Appeal V:                           Richard Greene & Gary Caldwell – Assistant Public Defenders

Attorney, Collateral Appeals:                         Eric Pinkard & James Driscoll – CCRC-M

 

Date of Offense:                                             07/31/76

Date of Sentence:                                           02/11/77

Date of Resentencing:                                    02/24/88

Date of Second Resentencing:                       08/30/93

Date of Third Resentencing:                           10/10/96

 

 

Circumstances of Offense:

 

The defendant, James Hitchcock, was unemployed and moved in with his brother, Richard, and Richard’s family in Orlando several weeks before the murder.  Hitchcock watched television with Richard and his family on the evening of the murder until approximately 11 p.m.  At that time, Hitchcock left the house and spent the next several hours smoking marijuana and drinking beer with some friends in Winter Garden.

 

Based on a statement that Hitchcock gave to the police after his arrest, Hitchcock came back to the house at approximately 2:30 a.m.  Hitchcock entered the residence from a window in the dining room and proceeded upstairs to the victim’s bedroom.  He engaged in sexual intercourse with the victim, Richard’s 13-year-old stepdaughter.  Afterwards, the victim told Hitchcock that she was injured and that she was going to tell her mother what happened.  When Hitchcock stopped the victim from leaving the bedroom, the victim began to yell.  Hitchcock choked the victim to prevent her from yelling and took her outside.  The victim continued to make noise, so Hitchcock beat and choked the victim until she was silent and then left her body in some bushes near the house.  Hitchcock returned to the house after the crime and showered before he went to bed.

 

Hitchcock withdrew his prior statement at trial.  Hitchcock now claimed that the victim gave him entry into the house and willingly allowed him into her room to engage in consensual intercourse.  Hitchcock said that his brother, Richard, entered the bedroom shortly after the sexual act, took the victim outside, and proceeded to choke her.  Hitchcock claimed that the victim was deceased before he successfully pulled Richard off of the victim.  Richard had reportedly told Hitchcock that he had no intention of actually killing his stepdaughter.  Hitchcock told Richard that he would cover for him.  Hitchcock said that he gave his prior statement for the sole purpose of protecting Richard.

 

 

Additional Information:

 

On 05/03/05, while the 3.850 Appeal and Habeas Petition were pending, the Florida Supreme Court relinquished jurisdiction relinquished to the Circuit Court for an Evidentiary Hearing on guilt phase issues.

 

 

Trial Summary:

 

08/06/76          Defendant indicted with the following:

Count I: First-Degree Murder

01/26/77          Defendant found guilty of First-Degree Murder

02/04/77          The jury voted for a sentence of death by a majority

02/11/77          Defendant was sentenced as follows:

                                    Count I: First-Degree Murder – Death

04/22/87          United States Supreme Court granted Certiorari and remanded the case to the trial court for resentencing

 

First Resentencing:

 

02/20/88          Jury recommended death by a vote of 7-5

02/24/88          Defendant was resentenced as follows:

                                    Count I: First-Degree Murder – Death

01/28/93          Florida Supreme Court remanded case to trial court for resentencing

 

Second Resentencing:

 

08/27/93          Jury recommended death by a vote of 12-0

08/30/93          Defendant was resentenced as follows:

                                    Count I: First-Degree Murder – Death

03/21/96          Florida Supreme Court remanded case to trial court for resentencing

 

Third Resentencing:

 

09/11/96          Jury recommended death by a vote of 10-2

10/10/96          Defendant was resentenced as follows:

                      Count I: First-Degree Murder – Death

 

 

Appeal Summary:

 

Florida Supreme Court - Direct Appeal

FSC#51,108

413 So. 2d 741

 

02/17/77          Appeal filed.

02/25/82          FSC affirmed the conviction and sentence of death.

05/27/82          Rehearing denied.

 

United States Supreme Court - Petition for Writ of Certiorari

USSC#82-5305

459 U.S. 960

 

08/25/82          Petition filed.

10/18/82          Petition denied.

 

Circuit Court - 3.850 Motion

CC#76-1942

 

05/03/83          Motion filed.

05/10/83          Motion denied.

 

Florida Supreme Court - 3.850 Appeal

FSC#63,667

432 So. 2d 42

 

05/10/83          Appeal filed.

05/17/83          FSC affirmed the circuit court’s denial of 3.850 Motion.

 

United States District Court (Middle District) - Petition for Writ of Habeas Corpus

USDC#83-357

 

05/13/83          Petition filed.

09/22/83          Petition dismissed.

 

United States Court of Appeals for the 11th Circuit - Habeas Appeal

USCA#83-3578

476 U.S. 1168

 

10/03/83          Appeal filed.

10/18/84          Appeal denied.

01/18/85          USCA granted the rehearing en banc.

08/28/85          USCA affirmed the District court’s denial of the Petition for Habeas Corpus.

11/19/85          Rehearing denied.

 

**Due to the age of this case, the 11th Circuit has no record of the Habeas Appeal and, thus, these dates could not be confirmed.

 

United States Supreme Court - Petition for Writ of Certiorari

USSC#85,6756

481 U.S. 393

 

04/18/86          Petition filed.

04/22/87          Petition granted and remanded to the District court.

 

United States District Court (Middle District) - Petition for Writ of Habeas Corpus (on remand)

USDC#83-357

 

11/25/87          USDC vacated the Habeas denial and remanded the case to the circuit court for resentencing.

 


Florida Supreme Court - Direct Appeal (Resentencing)

FSC# 72,200

578 So. 2d 685

 

03/23/88          Appeal filed.

12/20/90          Sentence affirmed.

05/16/91          Rehearing denied.

06/17/91          Mandate issued.

 

United States Supreme Court - Petition for Writ of Certiorari

USSC#91-5450

502 U.S. 912

 

08/12/91          Petition filed.

10/15/91          Petition denied.

06/29/92          USSC granted the rehearing and vacated the denial of the Certiorari.

                       USSC granted certiorari and remanded the case to the FSC for further

                       consideration in light of Espinosa v. Florida.

 

**Espinosa v. Florida – The USSC decision that stated Florida’s Heinous, Atrocious, and

   Cruel (HAC) aggravator was vague and invalid                

 

Florida Supreme Court - Direct Appeal (on remand)

FSC#72,200

614 So. 2d 483

 

01/28/93          FSC remanded case to circuit court for resentencing.

03/22/93          Rehearing denied.

04/21/93          Mandate issued.

 

Florida Supreme Court - Direct Appeal (Second resentencing)

FSC#82,350

673 So. 2d 589

 

09/13/93          Appeal filed.

03/21/96          FSC remanded case to circuit court for resentencing.

 

Florida Supreme Court - Direct Appeal (Third resentencing)

FSC#92,717

755 So. 2d 638

 

04/01/98          Appeal filed.

03/23/00          FSC affirmed sentence of death.

05/03/00          Rehearing denied.

07/21/00          Mandate issued.

 

United States Supreme Court - Petition for Writ of Certiorari

USSC#00-6447

531 U.S. 1040

 

09/29/00          Petition filed.

12/04/00          Petition denied.

 

Circuit Court - 3.850 Motion

CC#76-1942

 

02/07/01          Motion filed.

11/30/01          Motion denied. 

 

Circuit Court – 3.853 Motion (DNA)

CC#76-1942

 

12/29/01          Motion filed.

06/25/02          Motion denied. 

 

Florida Supreme Court – 3.853 Motion Appeal

FSC#02-2037

866 So.2d 23

 

08/07/02          Appeal filed.

01/15/04          Denial of Motion affirmed.

02/16/04          Mandate issued.

 

Florida Supreme Court – 3.850 Motion Appeal

FSC#03-2203

991 So. 2d 337

 

12/12/03          Appeal filed.

05/03/05          Jurisdiction relinquished for an Evidentiary Hearing on guilt phase issues.

03/07/06          Evidentiary Hearing held.

05/08/06          CC denied motion.

05/22/08          Appeal denied.

06/05/08          Motion for rehearing.

10/03/08            Mandate issued.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 04-1286

991 So. 2d 337

 

06/28/04          Petition filed.

05/03/05          Jurisdiction relinquished for an Evidentiary Hearing on guilt phase issues.

03/07/06          Evidentiary Hearing held.

05/08/06          CC denied motion.

05/22/08          Appeal denied.

06/05/08          Motion for rehearing.

10/03/08            Mandate issued.

 

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

USDC# 08-01719

 

10/06/08            Petition filed.

02/03/09            Petition dismissed without prejudice.

 

 

Death Warrant Information:

 

04/21/83          Death Warrant signed by Governor Bob Graham.

05/17/83          Stay granted by the United States District Court.

09/22/83          Stay lifted.

 

 

Clemency Hearing:

 

02/22/82          Hearing held (denied).

 

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The initial Direct Appeal took five years for a decision to be rendered. In addition to the defendant being resentenced three times, the large number of appeals has contributed to the delay of Hitchcock’s execution.  During Hitchcock’s 3.850 Motion Appeal and Petition for Writ of Habeas Corpus, the FSC relinquished jurisdiction from 05/03/05 – 05/08/06 to hold an Evidentiary Hearing on guilt phase issues. 

 

 

Case Information:

 

A Direct Appeal was filed with the Florida Supreme Court (FSC) on 02/17/77.  Issues that were raised included whether there was sufficient evidence to convict Hitchcock of First-Degree Murder and whether the trial judge improperly assessed the aggravating and mitigating factors.  The FSC ruled that all of the issues raised were either without merit or harmless and affirmed the conviction and sentence of Death on 02/25/82.

 

A Petition for the Writ of Certiorari was filed with the United States Supreme Court (USSC) on 08/25/82 and denied on 10/18/82. 

 

A 3.850 Motion was filed with the circuit court on 05/03/83 and denied on 05/10/83.

 

A 3.850 Appeal was filed with the FSC on 05/10/83.  Issues that were raised included whether the death sentence violated Hitchcock's Sixth, Eighth, and Fourteenth Amendment rights because the law prevented his trial counsel from presenting nonstatutory mitigating evidence at his sentencing hearing.  The FSC found all claims either without merit or harmless and affirmed the circuit court’s denial of the 3.850 Motion on 05/17/83.

 

A Petition for Habeas Corpus was filed with the United States District Court (Middle) on 05/13/83 and was dismissed on 09/22/83. 

 

A Habeas Appeal was filed with the 11th Circuit Court of Appeals on 10/03/83.  The 11th Circuit Court of Appeals affirmed the USDC’s denial of the Habeas Petition on 10/18/84.  The rehearing was granted en banc on 01/18/85.  After rehearing the case, the 11th Circuit Court of Appeals again affirmed the USDC’s denial of the Habeas Petition on 08/28/85. 

 

A Petition for the Writ of Certiorari was filed with the USSC on 04/18/86. The USSC found that the trial judge had barred the consideration of nonstatutory mitigating factors and therefore the defendant’s Death sentence was invalid.  On 04/22/87, the USSC granted Certiorari and remanded the case to the USDC. 

 

The USDC vacated the Habeas denial on 11/25/87 and remanded the case to the trial court to be resentenced within 60 days. 

 

Hitchcock was resentenced on 02/24/88. 

 

A second Direct Appeal was filed with the FSC on 03/23/88.  Issues raised on appeal included whether the trial court improperly refused to grant his challenges for cause to three prospective jurors and whether the trial court prevented Hitchcock from presenting additional mitigating evidence.  The sentence was affirmed by the FSC on 12/20/90.

 

A Petition for the Writ of Certiorari was filed with the USSC on 08/12/91 and denied on 10/15/91.  A rehearing was granted on 06/29/92 and the USSC granted Certiorari by vacating their 10/15/91 order denying Certiorari and remanded the case to the FSC for further consideration based on Espinosa v. Florida. 

 

On 01/28/93, the FSC remanded the case to the trial court for a new sentencing hearing to take place within 90 days.

 

A third Direct Appeal was filed with the FSC on 09/13/93.  The case was remanded to the trial court on 03/21/96 because on appeal, Hitchcock argued that evidence was erroneously presented portraying him as a pedophile that deprived Hitchcock of a fair sentencing hearing.   

 

A fourth Direct Appeal was filed with the FSC on 04/01/98.  Issues that were raised included whether the trial court erred in permitting the state to put into evidence a report concerning the results of a psychological test.  All of the claims were found to be either harmless or without merit and the FSC affirmed the sentence of Death on 03/23/00.

 

A Petition for the Writ of Certiorari was filed with the USSC on 09/29/00 and denied on 12/04/00. 

 

A 3.850 Motion was filed with the circuit court on 02/07/01 and amended on 11/30/01.  The circuit court denied the Motion on 10/27/03. 

 

A 3.853 Motion was filed with the circuit court on 12/29/01 and denied on 06/25/02. 

 

A 3.853 Motion Appeal was filed with the Florida Supreme Court on 08/07/02 and the denial of the 3.853 Motion was affirmed on 01/15/04. 

 

A 3.850 Motion Appeal was filed with the Florida Supreme Court on 12/12/03 and is pending before the court.  On 05/03/05, the Florida Supreme Court relinquished jurisdiction relinquished to the Circuit Court for an Evidentiary Hearing on guilt phase issues.  On 03/07/06, an Evidentiary Hearing was held, and on 05/08/06, the Circuit Court denied the motion.  On 05/22/08 the Florida Supreme Court denied the appeal.

 

A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 06/28/04 and is pending before the court.  On 05/03/05, the Florida Supreme Court relinquished jurisdiction relinquished to the Circuit Court for an Evidentiary Hearing on guilt phase issues. On 03/07/06, an Evidentiary Hearing was held, and on 05/08/06, the Circuit Court denied the motion. On 05/22/08 the Florida Supreme Court denied the appeal.

 

On 10/06/08, Hitchcock filed a Petition for Writ of Habeas Corpus in the United States District Court. This petition was dismissed without prejudice on 02/03/09.

 

 

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       

03/25/78     15                      FAIL.PERSONAL HYG.                    FLORIDA STATE PRISON

03/12/79      0                       DEST. OF ST. PROP.                          FLORIDA STATE PRISON

01/10/80      0                       DISOBEYING ORDER                      FLORIDA STATE PRISON

03/13/80     60                      ESCAPE OR ATTEMPT                    FLORIDA STATE PRISON

02/12/84     30                      DISORDERLY CONDUCT               NEW RIVER "O" UNIT  

11/23/86      0                       FAIL.HOUSING HYG.                       FLORIDA STATE PRISON

04/07/88     60                      UNARMED ASSAULT                      FLORIDA STATE PRISON

04/12/93      0                       POSS OF CONTRABAND                 FLORIDA STATE PRISON

 

 

Report Date:   05/14/02          cc

Approved:       07/10/02          ws

Updated:         04/21/09          klh