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.
HILL, Clarence (B/M)
DC # 089718
DOB: 12/02/57
First Judicial Circuit, Escambia County Case # 82-4973
Sentencing Judge: The Honorable Edward Barfield
Trial Attorney: Terry Terrell – Assistant Public Defender
Attorney, Direct Appeal: Steven Bolotin – Assistant Public Defender
Attorney, Collateral Appeals: D. Todd Doss – Registry
Date of Offense: 10/19/82
Date of Sentence: 05/27/83
Date of Resentence: 04/02/86
Circumstances of the Offense:
On October 22, 1982, Clarence Hill and Cliff Jackson left Mobile, Alabama, with a stolen gun in a stolen vehicle. Hill and Jackson drove to Pensacola, Florida, and robbed a savings and loan association using their stolen gun. The police were notified and arrived during the commission of the felony. Hill ran out of the back door and Jackson fled from the front. Officers Taylor and Bailey apprehended Jackson and, as they were attempting to handcuff Jackson, Hill approached them from behind. Hill shot the law enforcement officers, killing Taylor and wounding Bailey. A shoot-out followed between Hill and Bailey. Hill was shot five times and fled the scene, but was apprehended a short time later.
Codefendant Information:
Cliff Jackson was sentenced to life imprisonment for his involvement in the crimes.
11/02/82 Defendant indicted with the following:
Count I: First-Degree Murder
Count II: Attempted First-Degree Murder
Count III: Robbery with a Firearm
Count IV: Robbery with a Firearm
Count V: Robbery with a Firearm
Count VI: Possession of Firearm during Commission of a
Felony
04/29/83 Defendant was found guilty on all counts by the trial jury
04/29/83 The jury recommended Death by a vote of ten to two
05/27/83 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Attempted First Degree Murder – Life Sentence
Count III: Robbery with a Firearm – Life Sentence
Count IV: Robbery with a Firearm – Life Sentence
Count V: Robbery with a Firearm – Life Sentence
Count VI: Possession of Firearm During Commission of a
Felony – Life Sentence
10/10/85 Florida Supreme Court vacated sentence of Death and remanded the case to the trial court for a new sentencing trial
03/27/86 The jury recommended Death by a vote of 11 to 1
04/02/86 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
*Note: sentences to run consecutively
Appeal Summary:
FSC #63,902
477 So. 2d 553
07/05/83 Appeal filed.
10/10/85 FSC affirmed the conviction of First-Degree Murder, but remanded to trial court for resentencing.
11/19/85 Rehearing denied.
12/31/85 Mandate issued.
Florida Supreme Court – Direct Appeal
FSC #68,706
515 So. 2d 176
05/07/86 Appeal filed.
09/17/87 FSC affirmed the conviction of First-Degree Murder and the sentence of Death.
12/08/87 Rehearing denied.
01/19/88 Mandate issued.
USSC #87-6367
485 U.S. 993
02/05/88 Petition filed.
04/04/88 Petition denied.
CC #82-4973
12/11/89 Motion filed.
01/18/90 Motion denied.
01/22/90 Rehearing denied.
FSC #75,149
556 So. 2d 1385
12/12/89 Petition filed.
01/26/90 Petition denied.
01/26/90 Rehearing denied.
FSC #75,332
556 So. 2d 1385
01/22/90 Appeal filed.
01/26/90 Appeal denied.
01/26/90 Rehearing denied.
U.S. District Court (Northern District) – Petition for Writ of Habeas Corpus
USDC #90-40023
01/27/90 Petition filed.
08/31/92 Petition partially granted.
U.S. Court of Appeals (11th Circuit) – Habeas Corpus Appeal
USCA #93-2616
05/14/93 Appeal filed (Appeal Withdrawn).
Florida Supreme Court – Direct Appeal (reopened)
FSC #68,706
643 So. 2d 1071
01/18/94 Appeal reopened.
10/13/94 FSC affirmed the conviction of First-Degree Murder and the sentence of Death.
03/21/95 Rehearing denied.
04/20/95 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #95-5024
06/19/95 Petition filed.
10/02/95 Petition denied.
U.S. District Court (Northern District) – Petition for Habeas Corpus (amended)
USDC #90-40023
02/26/96 Appeal filed.
11/26/96 Petition denied.
01/05/97 Rehearing denied.
U.S. Court of Appeals (11th Circuit) – Habeas Corpus Appeal
USCA #93-2616, 97-2140
175 F. 3d 915
02/20/97 Appeal filed.
05/14/99 Denial affirmed.
07/28/99 Rehearing denied.
USSC #99-6802
528 U.S. 1087
10/28/99 Petition filed.
State Circuit Court – 3.850 Motion
CC #82-4973
06/23/03 Motion filed.
05/26/04 Motion denied.
Florida Supreme Court – 3.850 Motion Appeal
FSC #04-1487
No opinion
07/29/04 Appeal filed.
05/13/05 FSC affirmed denial of Motion.
Circuit Court – 3.851 Motion
CC #82-4973
12/15/05 Motion filed.
12/23/05 CC denied Motion.
Florida Supreme Court – 3.851 Motion Appeal
FSC #06-2
01/03/06 Appeal filed.
01/17/06 FSC affirmed denial of Motion and Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #05-8731
01/19/06 Petition filed.
02/27/06 USSC denied petition.
U.S. District Court (Northern District) – Complaint for Declaratory & Injunctive Relief
USDC# 06-32
01/20/06 Complaint filed.
01/21/06 USDC dismissed complaint.
U.S. Court of Appeals (11th Circuit) – Application to File Successive Habeas Petition & Stay of Execution
USCA# 06-10595
01/20/06 Application and stay filed.
01/24/06 USCA denied application and ruled that the court has no jurisdiction to issue a stay.
U.S. Court of Appeals (11th Circuit) – Complaint for Declaratory & Injunctive Relief
USCA# 06-10621
01/21/06 Appeal filed.
01/24/06 USCA affirmed denial of complaint.
U.S. Supreme Court – Petition for Writ of Habeas Corpus
USSC# 05-8780
01/24/06 Petition filed.
01/24/06 USSC denied petition.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 05-8794
01/24/06 Petition filed.
01/25/06 USSC granted petition.
06/12/06 USSC reversed and remanded to the USCA
U.S. Court of Appeals (11th Circuit) – Complaint for Declaratory & Injunctive Relief
USCA# 06-10621
08/31/06 Complaint remanded to USDC.
U.S. District Court (Northern District) – Complaint for Declaratory & Injunctive Relief (On Remand)
USDC# 06-32
09/01/06 USDC dismissed complaint.
U.S. Court of Appeals (11th Circuit) – Petition for Stay of Execution & Expedited Appeal
USCA# 06-14927
09/13/06 Petition filed.
09/15/06 USCA denied petition.
U.S. Supreme Court – Petition for Writ of Certiorari & Application for Stay of Execution
USSC# 06-6545
09/18/06 Petition & application filed
09/20/06 USSC denied application
11/09/89 Death Warrant signed by Governor Bob Martinez.
01/23/90 Stay granted by Florida Supreme Court.
01/27/90 Stay granted by United States District Court.
11/29/05 Death Warrant signed by Governor Bush. Execution set for 01/24/06.
01/24/06 Stay granted by U.S. Supreme Court
08/17/06 Death Warrant reinstated by Governor Bush. Execution set for 09/20/06.
09/20/06 Executed
06/23/88 Clemency Hearing Held (denied).
A direct appeal was filed on 07/05/83. Issues that were raised included whether the trial court erred in refusing to excuse for cause two jurors because of their preconceived notions regarding this case. The Florida Supreme Court agreed with Hill in that the aforementioned error was not harmless. The remaining claims, however, were found to be either without merit or harmless. The Florida Supreme Court ruled that even though none of the errors affected his convictions, they found it necessary to vacate the sentence of Death on 10/10/85 and remanded the case for a new sentencing proceeding before a new jury.
A second Direct Appeal was filed on 05/07/86. Issues that were raised included whether the trial court erred by permitting prosecutorial misconduct, which denied appellant a fair trial. The Florida Supreme Court found all claims either harmless or without merit and affirmed the conviction and sentence of Death on 09/17/87.
A Petition for Writ of Certiorari was filed with the United States Supreme Court on 02/05/88 and denied on 04/04/88.
Governor Martinez signed a Death Warrant on 11/09/89.
A 3.850 was filed with the Circuit Court on 12/11/89 and denied on 01/18/90.
A Petition for a Writ of Habeas Corpus was filed with the Florida Supreme Court on 12/12/89 and a 3.850 Appeal was filed with the Florida Supreme Court on 01/22/90. A stay of execution was granted on 01/23/90. Identical issues that were raised included whether appellant’s counsel was ineffective. The Florida Supreme Court found the claims either without merit or harmless and denied the Petition and affirmed the trial court’s denial of the 3.850 on 01/26/90.
A Petition for Writ of Habeas Corpus was filed with the United States District Court on 01/27/90. The Federal District Court determined that the state trial judge erred in failing to find certain nonstatutory mitigating factors. The Federal District Court found that the State Court might have erred in its harmless error analysis. The Federal District Court partially granted the Petition for Writ of Habeas Corpus on 08/31/92, and Hill moved to reopen the second Direct Appeal.
The Direct Appeal was reopened with the Florida Supreme Court on 01/18/94 and Hill’s conviction and sentence of Death was affirmed on 10/13/94.
A Petition for Writ of Certiorari was filed with the United States Supreme Court on 06/19/95 and was denied on 10/02/95.
An amended Petition for Writ of Habeas Corpus was filed with the United States Court of Appeals on 02/26/96 and was denied on 11/26/96.
Two federal Habeas Corpus Appeals were filed simultaneously on 02/20/97. Some issues that were raised included whether the Florida Supreme Court conducted a deficient harmless error analysis after striking one of the aggravating factors found by the trial judge in imposing the death sentence. The United States Court of Appeals affirmed the District Court’s denial of Habeas relief on 05/14/99.
A Petition for Writ of Certiorari was filed with the United States Supreme Court on 10/28/99 and was denied on 01/10/00.
A 3.850 Motion was filed on 06/23/03 with the circuit court and was denied on 05/26/04.
Governor Bush signed a death warrant on 11/29/05. Execution was set for 01/24/06.
A 3.851 Motion was filed on 12/15/05 with the circuit court that was denied on 12/23/05.
A 3.851 Motion Appeal was filed with the Florida Supreme Court on 01/03/06, focusing primarily on the lethal injection procedure in Florida. On 01/17/06, the FSC affirmed the denial of the 3.851 Motion.
A Petition for Writ of Certiorari was filed with the U.S. Supreme Court on 01/19/06 that was denied on 02/27/06.
A Complaint for Declaratory & Injunctive Relief was filed with the U.S. District Court on 01/20/06 that was dismissed on 01/21/06.
An Application to File a Successive Habeas Petition and Stay of Execution was filed with the U.S. Court of Appeals on 01/20/06. On 01/24/06, the USCA denied the application and ruled that the court did not have jurisdiction to issue a stay.
A Complaint for Declaratory & Injunctive Relief Appeal was filed with the U.S. Court of Appeals on 01/21/06. On 01/24/06, the USCA affirmed the denial of the complaint.
A Petition for Writ of Habeas Corpus was filed with the U.S. Supreme Court on 01/24/06 that was denied on 01/24/06.
A Petition for Writ of Certiorari was filed with the U.S. Supreme Court on 01/24/06 that was granted on 01/25/06. On 06/12/06, the USSC reversed and remanded the complaint to the USCA.
Governor Bush reinstated the death warrant on 08/17/06. Execution is set for 09/20/06.
The USCA remanded the complaint to the USDC on 08/31/06.
The USDC dismissed the complaint on 09/01/06.
A Petition for Stay of Execution and Expedited Appeal was filed with the U.S. Court of Appeals on 09/13/06 and was denied on 09/15/06.
A Petition for Writ of Certiorari & Application for Stay of Execution was filed with the U.S. Supreme Court on 09/18/06. On 09/20/06, the USSC denied the application.
On 09/20/06, Clarence Hill was executed.
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
08/17/83 0 POSS OF UNAUTH BEV. NEW RIVER "O" UNIT
08/05/85 0 POSS OF NEGOTIABLES FLORIDA STATE PRISON
09/02/86 30 DISRESP.TO OFFICIALS FLORIDA STATE PRISON
09/08/87 30 POSS OF CONTRABAND FLORIDA STATE PRISON
11/05/87 30 DISOBEYING ORDER FLORIDA STATE PRISON
01/04/88 20 FIGHTING FLORIDA STATE PRISON
11/17/88 15 DISOBEYING ORDER FLORIDA STATE PRISON
11/16/89 60 UNARMED ASSAULT FLORIDA STATE PRISON
12/03/90 60 DISORDERLY CONDUCT FLORIDA STATE PRISON
03/04/92 30 POSS OF CONTRABAND FLORIDA STATE PRISON
08/17/92 0 DISOBEYING ORDER FLORIDA STATE PRISON
11/21/93 0 DISRESP.TO OFFICIALS UNION C. I.
02/09/94 0 SPOKEN THREATS UNION C. I.
02/09/94 0 DISRESP.TO OFFICIALS UNION C. I.
08/19/94 0 DISOBEY REGULATIONS UNION C. I.
06/07/95 0 DISOBEYING ORDER UNION C. I.
06/24/95 0 DISRESP.TO OFFICIALS UNION C. I.
06/25/95 0 DISORDERLY CONDUCT UNION C. I.
08/03/95 0 DEFACING STATE PROP. UNION C. I.
10/18/95 0 DISOBEYING ORDER UNION C. I.
03/07/96 0 UNAUTH PHY. CONTACT UNION C. I.
03/04/98 0 DISOBEYING ORDER UNION C. I.
10/14/98 0 LYING TO STAFF UNION C. I.
01/07/00 0 POSS OF CONTRABAND UNION C. I.
04/26/01 0 DISOBEYING ORDER UNION C. I.
05/01/05 30 POSS OF CONTRABAND UNION C. I.
Report Date: 12/06/01 cc
Approved: 01/08/02 ws
Updated: 09/21/06 jfl