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 inmateís case and should not be relied on for statistical or legal purposes.

 

BOTTOSON, Linroy (B/M)

DC # 078079

DOB:† 02/28/39

 

Ninth Judicial Circuit, Orange County, Case # CR79-4512

Sentencing Judge:† The Honorable Frank N. Kaney

Trial Attorney:† William Sheaffer, Esq.

Attorney, Direct Appeal:† A. Thomas Mihok, Esq.

Attorney, Collateral Appeals:† Peter Cannon Ė CCRC-M

 

Date of Offense:† †††††††† 10/26/79

Date of Sentence:† †††††† 05/01/81

Date of Execution:††††††† 12/09/02

 

Circumstances of Offense:

 

On October 26, 1979, the defendant, Linroy Bottoson, murdered the victim, Catherine Willie Alexander, by stabbing her and running over her with a vehicle.

 

At approximately noon on October 26, Bottoson abducted Alexander, the postmistress of the town of Eatonville, Florida, from the post office.† As she was leaving with Bottoson, Alexander whispered to two bystanders to call the police.† U.S. postal inspectors were called to the scene and discovered that some postal money orders were missing.† The inspectors began to suspect Bottoson and his wife, Dorothy Bottoson, when Mrs. Bottoson tried to cash one of the missing money orders that same afternoon.† Postal inspectors arrested the couple around 10:30 p.m. on October 29.

 

The victimís body was found on the side of a dirt road the same night Bottoson was arrested.† The victim had been stabbed 14 times in the back and once in the abdomen.† The medical examiner testified that crushing injuries to the chest and abdomen suggested the victim was run over by an automobile.

 

A search of the defendantís home the day after his arrest turned up the missing money orders and the victimís shoes.† Hair samples and clothing impressions found on the undercarriage of the defendantís rented car were consistent with having come from the victim.† Also found in the car were clothing fibers similar to those in the victimís clothes and a tip of the victimís fingernail.† Finally, a dog familiar with the victimís scent found her scent under the car, and a dog familiar with the defendantís scent found his scent at the scene where the body was found.

 

 

 

 

 

 

Co-defendant status:

 

Dorothy Bottoson was arrested on federal charges on October 29, 1979.† The charges were dropped the following month.

 

Additional information:

 

Prior to this offense, the defendant was convicted of a 1971 bank robbery in California.† Both the trial court and the Florida Supreme Court found the conviction to be an aggravating factor.

 

Trial Summary:

 

10/29/79††††††††† Defendant arrested.

11/15/79††††††††† Defendant indicted on:

††††††††††††††††††††††††††††††††††† Count I:† ††††††††† First-Degree Murder

04/25/80††††††††† Defendant entered a plea of ďnot guilty.Ē

11/04/80††††††††† Court granted the Motion to Withdraw as Counsel filed by the Assistant Public Defender, James R. Valerino, and the court appointed Attorney William Sheaffer.

04/06/81††††††††† Defendant was found guilty by the trial jury of First Degree Murder as charged in the indictment.

04/10/81††††††††† Upon advisory sentencing, the trial jury, by a 10 to 2 majority, voted for the death penalty.

05/01/81††††††††† Defendant was sentenced as followed:†

Count I:† ††††††††† First-Degree Murder - Death.†

 

Appellate Summary:

 

Florida Supreme Court, Direct Appeal

FSC # 60,708

443 So. 2d 962 (Fla. 1983)

 

06/03/81††††††††† Appeal filed.

12/15/83††††††††† FSC affirmed the conviction and sentence of death.

02/07/84††††††††† Motion for rehearing denied.

03/22/84 †††††††† Mandate issued.

 

United States Supreme Court, Petition for Writ of Certiorari

USSC # 83-6553

469 U.S. 873

 

04/05/84 †††††††† Petition filed.

10/01/84††††††††† USSC denied petition.

 

 

 

Florida Supreme Court, Petition for Writ of Habeas Corpus or in the alternative, Writ of Mandamus

FSC # 62,521

427 So.2d 736 (Fla. 1983)

 

08/25/82††††††††† Petition filed.

02/07/83††††††††† FSC denied petition.

 

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

USDC # 82-208 Civ-Orl-11

 

03/15/83††††††††† Petition filed.

11/30/83††††††††† USDC denied petition.

 

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

USCA # 83-3731

 

12/08/83††††††††† Appeal filed.

02/08/84††††††††† USCA remanded to the United States District Court.

 

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

USCA # 84-3589

 

08/27/84††††††††† Appeal filed.

09/14/84††††††††† Voluntarily dismissed.

 

United States District Court, Middle District, Petition for Writ of Habeas Corpus (On Remand From USCA)

USDC # 83-208-Civ-Orl-18

 

10/24/85 †††††††† On remand from USCA.

01/08/86††††††††† Motion for evidentiary hearing denied.

09/08/86††††††††† Motion for summary judgment denied, case dismissed, and no appeal

††††††††††† ††† ††††††† †filed.

 

State Circuit Court, 3.850 Motion

CC # CR79-4512

 

12/23/85††††††††† Original motion filed.

02/28/90††††††††† Amended motion filed.

02/05/93††††††††† Trial court denied 3.850 Motion.

 

 

 

 

 

 

 

Florida Supreme Court, 3.850 Appeal

FSC # 81,411

685 So.2d 1302 (Fla. 1996)

 

03/11/93††††††††† Appeal filed.

01/18/96††††††††† FSC affirmed the trial courtís denial of 3.850 Motion.

05/09/96††††††††† FSC denied motion for rehearing.

06/11/96††††††††† Mandate issued.

 

Florida Supreme Court, Petition for Writ of Habeas Corpus

FSC # 87,694

684 So.2d 1382 (Fla. 1997)

 

04/04/96††††††††† Petition filed.

01/09/97††††††††† FSC denied petition.

 

United States Supreme Court, Petition for Writ of Certiorari

USSC # 96-5441

519 U.S. 967

 

08/02/96††††††††† Petition filed.

11/04/96††††††††† USSC denied petition.

 

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

USDC # 97-09-Misc-Orl-19

 

04/22/97††††††††† Petition filed.

06/02/98††††††††† USDC denied petition.

 

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

USCA # 98-2886

234 F.3d 526

 

12/16/98††††††††† Appeal filed.

11/29/00††††††††† USCA affirmed the district courtís denial of the petition.

02/28/01††††††††† Motion for rehearing denied.

 

Florida Supreme Court, Petition for Extraordinary Relief and Stay of Execution

FSC # SC02-42

 

01/10/02††††††††† Petition and application for stay filed.

02/05/02††††††††† Stay granted by the United States Supreme Court in lieu of the decision pending in Ring v. Arizona.

 

 

 

 

 

 

Florida Supreme Court, Petition for Writ of Habeas Corpus and Motion to Reopen 3.850 Appeal

FSC # SC02-58

 

01/11/02††††††††† Petition and motion filed.

01/31/02††††††††† Petition denied.

01/31/02††††††††† Mandate issued.

 

Florida Supreme Court, 3.850 Appeal

FSC # SC02-128

813 So.2d 31

 

01/22/02††††††††† Appeal filed.

01/31/02††††††††† Denial affirmed.

01/31/02††††††††† Mandate issued.

 

Florida Supreme Court, Petition for Writ of Habeas Corpus and Stay of Execution

FSC # SC02-1455

833 So.2d 693

 

07/05/02††††††††† Petition and stay filed.

07/08/02††††††††† Stay granted.

10/24/02††††††††† Petition denied and stay to be lifted in 30 days.

 

United States Supreme Court, Petition for Writ of Certiorari & Application for Stay of Execution

USSC # 02-7530

537 U.S. 1070

 

11/19/02††††††††† Petition filed.

11/25/02††††††††† Application for Stay of Execution filed.

12/09/02††††††††† Petition denied.

 

Warrants

 

01/31/90††††††††† Death warrant signed by Governor Bob Martinez.

04/04/90††††††††† Scheduled execution date.

02/27/90††††††††† Trial court granted stay of execution.

 

11/19/01††††††††† Death warrant signed by Governor Jeb Bush.

02/05/02††††††††† Scheduled execution date.

02/05/02††††††††† The United States Supreme Court granted a stay of execution.

07/08/02††††††††† Execution set.

07/08/02††††††††† The Florida Supreme Court granted a stay of execution.

12/06/02††††††††† Execution set.

12/06/02††††††††† Stay granted by Governor Jeb Bush to evaluate Bottosonís competency.

12/09/02††††††††† Execution set.

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

 

The delay in this case stems from the number of appeals filed and a 3.850 Motion, filed with the trial court in 1985 (amended in 1990) that took more than seven years to dispose.† The defendantís Direct Appeal was filed in 1981, more than 20 years ago.† In addition to the aforementioned 3.850 Motion, Bottoson subsequently filed two Habeas Petitions in the Florida Supreme Court, and two Habeas Petitions in United States District Court, one of which was remanded by the 11th Circuit Court of Appeals.

 

Case Information:

 

Bottoson filed a Direct Appeal with the Florida Supreme Court in 1981.† In that appeal, he argued that the trial court erred in admitting statements he made to his cellmate and a minister.† Bottoson also questioned the constitutionality of searching his home without a warrant.† Bottoson contended that there was insufficient evidence to support his conviction and the court erred in failing to give a requested jury instruction.† The Florida Supreme Court affirmed the conviction and sentence of death on 12/15/83.

 

The defendant then petitioned for a Writ of Certiorari with the United States Supreme Court, which the court denied on 10/01/84.

 

While his Direct Appeal to the Florida Supreme Court was pending, Bottoson petitioned the court for a Writ of Habeas Corpus in 1982.† Bottoson moved that he be released from state custody and be returned to the Federal prison system.† The court denied the petition in February 1983.

 

Bottoson then filed a Habeas Petition with the United States District Court, Middle District, in 1983, which was denied.† The defendant appealed the decision to the 11th Circuit United States Court of Appeals.† The Court of Appeals remanded the case in 1984 to the District Court.† A second appeal was filed with the 11th Circuit Court of Appeals in August 1984 and was voluntarily dismissed the following month.

 

In December 1985, Bottoson filed a 3.850 Motion with the trial court, and filed an amended motion in February 1990.† The court denied the motion in 1993.†

 

On remand from the 11th Circuit Court of Appeals, the United States District Court in January 1986 denied Bottosonís motion for an evidentiary hearing, and in September of that year denied his motion for summary judgment.

 

In March of 1993, the defendant filed a 3.850 Appeal in the Florida Supreme Court.† He argued that his trial counsel was ineffective for failing to investigate the qualifications of an expert witness, that the trial judge improperly instructed the jury during the penalty phase of the trial, and that his counsel was ineffective during the penalty phase.† The court affirmed the trial courtís denial of the 3.850 Motion in January 1996.

 

In April 1996, Bottoson filed a second Habeas Petition with the Florida Supreme Court.† This time, the defendant argued his appellate counsel was ineffective for failing to raise the Neil issue in his Direct Appeal.† The court denied the petition in January 1997.† While the courtís decision was pending, the defendant, in August 1996, again petitioned the U.S. Supreme Court for a writ of certiorari, which the court denied in November of the same year.

 

Bottoson returned in April 1997 to United States District Court with a Habeas Petition, which the court denied two months later.† The 11th Circuit Court of Appeals affirmed the decision in November 2000.

 

On 11/19/01, Governor Jeb Bush signed a death warrant and the execution was set for 02/05/02.

 

On 01/10/02, Bottoson filed a Petition for Extraordinary Relief and an application for a stay of execution in the Florida Supreme Court.† On 01/11/02, he filed a Petition for Writ of Habeas Corpus and a Motion to Reopen his 3.850 Appeal.† The Habeas was denied on 01/31/02.

 

On 01/23/02, Bottoson filed a 3.850 Appeal in the Florida Supreme Court, in which the denial was affirmed on 01/31/02.

 

On 02/05/02, The United States Supreme Court granted Bottoson a stay of execution pending a ruling made in Ring v. Arizona.

 

Bottosonís execution was again set for 07/08/02.† He filed a Petition for Writ of Habeas Corpus and an application for a stay of execution in the Florida Supreme Court on 07/05/02.† The Florida Supreme Court granted the stay on 07/08/02.† On 10/24/02, the Florida Supreme Court denied the petition and directed the stay to be lifted in 30 days.† Bottosonís execution was again set for 12/06/02.†

 

Bottoson filed a Petition for Writ of Certiorari filed in the United States Supreme Court on 11/19/02.† He filed an application for a stay of execution on 11/25/02.†

 

On 12/06/02, Governor Bush granted Bottoson a stay of execution and appointed several psychiatrists to examine Bottosonís competency.† After he was determined to be competent, Bottosonís execution was again set for 12/09/02.

 

Bottosonís Petition for Writ of Certiorari was denied on 12/09/02 and he was executed at 5:00 p.m. that day.

Report date:† 03/28/01 Ėtb

Approved:† whs

Updated:† 12/03/02 - ew