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.
TOMPKINS, Wayne (W/M)
DC# 099350
DOB: 03/12/57
Thirteenth Judicial Circuit, Hillsborough County, Case #84-10538 A
Sentencing Judge: The Honorable Harry Lee Coe III
Trial Attorney: Daniel M. Hernandez
Direct Appeal: Robert F. Moeller
Collateral Appeals: Martin McClain and Todd Scher – CCRC-S
Date of Offense: 03/24/83
Date of Sentence: 09/19/85
Date of Execution: 02/11/09
Circumstances of Offense:
Approximately two years prior to the offense, the defendant had lived with the sixteen- year- old victim’s mother and her other children. The relationship between the defendant and the victim’s mother, his girlfriend, was characterized as a difficult relationship.
On the day of the offense, the victim’s mother and the defendant were at the defendant’s mother’s house assisting her in packing to move. The defendant went home several times during the day to obtain newspapers to use in packing. The defendant returned later in the day, after going home, and reported that the victim had “run away.”
The victim’s friend, who went to the victim’s residence that day, stated she observed the defendant on top of the victim. She claimed the victim was struggling and screaming for help, and the subject was fondling her and pulling at her bathrobe. The friend, however, did not report the incident to the police until the investigation was underway.
The defendant admitted to his cellmate, in 1985, that he forcefully attempted to have sexual intercourse with the victim, who resisted his advances and fought him. The defendant claimed that due to the victim’s resistance, he strangled her and then buried her under their residence. Medical testimony indicated that the cause of death was asphyxiation by strangulation.
On June 5, 1984, the decomposed body was found buried underneath the residence.
Additional Information:
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Current Prison Sentence History: |
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|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Sentence Length |
|
05/13/84 |
KIDNAP;COMM.OR FAC.FELONY |
11/29/84 |
PASCO |
8401131 |
8 Years |
|
05/13/84 |
SEX BAT/ WPN. OR FORCE |
11/29/84 |
PASCO |
8401131 |
8 Years |
|
04/07/84 |
ROBB. GUN/DEADLY WPN |
01/14/85 |
PASCO |
8401137 |
9 Years |
|
04/07/84 |
KIDNAP;COMM.OR FAC.FELONY |
01/14/85 |
PASCO |
8401137 |
9 Years |
|
04/07/84 |
SEX BAT/COERCES BY THREAT |
01/14/85 |
PASCO |
8401137 |
9 Years |
The subject was arrested and convicted of two additional felony offenses and sentenced prior to the capital offense. Please note the subject’s sentence for the above-referenced cases has expired.
On May 13, 1984, the subject robbed a convenience store clerk at knifepoint and sexually assaulted her.
On April 7, 1984, the subject went into a convenience store and robbed the female clerk, abducted her at knifepoint and sexually assaulted her.
Trial Summary:
05/30/84 Tompkins was arrested in Pasco County on other charges.
09/14/84 Tompkins was arrested on the murder charge after being transferred to the Hillsborough County Jail.
10/31/84 Court appointed Cass Michael Castillo as private counsel to represent Tompkins.
01/08/85 Court granted Motion to Withdraw filed by attorney Cass Michael Castillo as attorney Castillo accepted position with State Attorney’s Office.
04/22/85 Court granted Motion to Withdraw filed by attorney James V. Dominguez for personal reasons.
09/19/85 Tompkins was found guilty by the trial jury.
Upon Advisory Sentencing, the jury, by a vote of 12-0, recommended the death penalty.
09/19/85 The defendant was sentenced as follows:
Count I: Murder in the First Degree – Death
Appellate Summary:
FSC #67,974
502 So.2d 415
12/02/85 Appeal filed.
12/30/86 FSC affirmed the conviction and sentence of death.
03/09/87 Motion for rehearing denied.
04/09/87 Mandate issued.
483 U.S. 1033
05/27/87 Petition filed.
06/26/87 USSC denied the petition.
549 So.2d 1370
05/01/89 Petition filed.
09/14/89 FSC denied petition.
11/06/89 FSC denied Motion for Rehearing.
11/06/89 Mandate Issued.
State Circuit Court – 3.850 Motion
CC #84-10538A
05/01/89 Motion filed.
05/22/89 Motion denied.
594 So.2d 1370
05/30/89 Appeal filed.
09/14/89 FSC affirmed the Trial Court’s denial of 3.850 Motion.
11/06/89 Motion for rehearing denied.
11/06/89 Mandate issued.
USSC #89-6166
493 U.S. 1093
11/30/89 Petition filed.
02/20/90 USSC denied petition.
United States District Court (Middle District) – Petition for Writ of Habeas Corpus
12/11/89 Petition filed.
04/17/98 USDC denied petition.
08/25/98 USDC denied motion for rehearing.
United States Court of Appeals (11th Circuit) – Appeal of Habeas Denial
193 F. 3d 1327
09/30/98 Appeal filed.
10/29/99 USCA affirms the District Court’s denial of the Habeas Petition
01/14/00 USCA denied motion for rehearing.
01/25/00 Mandate Issued.
United States Supreme Court – Petition for Writ of Certiorari
531 U.S. 861
06/12/00 Petition filed.
10/02/00 Petition denied.
State Circuit Court – 3.850 Motion
CC #84-10538A
04/16/01 Motion filed.
04/18/01 Evidentiary hearing held.
04/25/01 Motion granted in part denied in part. New penalty phase granted.
Florida Supreme Court, Appeal of 3.850 Denial
FSC# 01-1619
872 So.2d 230 (2003)
07/27/01 Appeal filed.
10/09/03 FSC affirmed the portion denying the 3.850 motion and reversed the portion granting a new penalty phase.
07/26/04 Mandate issued.
State Circuit Court – 3.850 Motion
CC #84-10538A
02/05/03 Motion filed.
08/22/03 Motion dismissed.
State Circuit Court – 3.853 Motion
CC #84-10538A
02/05/03 Motion filed.
08/22/03 Motion dismissed.
Florida Supreme Court – 3.853 Motion Appeal
FSC# 03-1902
894 So. 2d 857
10/24/03 Appeal filed.
01/20/05 FSC affirmed the denial of Tompkins 3.853 Appeal.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 04-519
895 So. 2d 1068
03/26/04 Appeal filed.
12/21/04 Appeal denied.
Circuit Court – 3.850 Motion
84-10538A
03/18/05 Motion filed.
10/05/05 Motion denied.
Florida Supreme Court – 3.850 Motion Appeal
FSC# 06-277
980 So.2d 451
02/10/06 Appeal filed.
05/10/07 FSC affirmed denial of motion.
Circuit Court – 3.850 Motion
CC# 84-10538A
08/29/07 Motion filed.
12/21/07 Amended Motion filed.
03/18/08 Motion denied.
04/02/08 Motion for Rehearing filed.
04/08/08 Rehearing denied.
United States Supreme Court – Petition for Writ of Certiorari
USSC# 07-7171
128 S.Ct. 895 (2008)
10/15/07 Petition filed.
01/07/08 Petition denied.
Florida Supreme Court – 3.851 Motion Appeal
FSC# 08-992
994 So.2d 1072
05/29/08 Appeal filed.
10/06/08 Execution stayed until 11/08/08 to allow for brief filings.
11/07/08 Disposition affirmed.
11/07/08 Mandate entered.
11/13/08 Stay of execution lifted.
Circuit Court – 3.851 Motion
CC# 84-10538A
10/15/08 Motion filed.
10/21/08 Motion denied.
Florida Supreme Court – 3.851 Motion Appeal
FSC# 08-1979
994 So.2d 1072
10/22/08 Appeal filed.
11/07/08 Disposition affirmed.
11/07/08 Mandate entered.
Florida Supreme Court – All Writs Petition
FSC# 08-2000
994 So.2d 1072
10/24/08 Petition filed.
11/07/08 Petition denied.
United States District Court (Middle District) – Habeas Petition
USDC# 08-2212
11/04/08 Petition filed.
11/05/08 Secretary filed Motion to Dismiss.
11/07/08 Petition dismissed.
11/10/08 Amended Order dismissing Petition filed.
11/19/08 Motion to Alter or Amend filed.
11/25/08 Motion to Alter or Amend denied.
Florida Supreme Court – All Writs Petition and Application for Stay of Execution
FSC# 09-215
02/09/09 Petition filed.
02/09/09 Application for Stay of Execution filed.
02/11/09 Petition and Application denied.
Florida Supreme Court – 3.853 Appeal
FSC# 09-233
02/10/09 Appeal filed.
02/11/09 Disposition affirmed.
United State Supreme Court – Certiorari Petition
USSC# 08-8614
02/11/09 Petition filed.
02/11/09 Application for Stay of Execution filed.
02/11/09 Petition denied.
03/23/88 Hearing held before the Executive Clemency Board. (Denied)
03/30/89 Death warrant signed by Governor Bob Martinez.
06/02/89 Florida Supreme Court granted a Stay of Execution.
11/09/89 Death warrant signed by Governor Bob Martinez.
12/11/89 United States District Court grants a Stay of Execution.
03/22/01 Death Warrant signed by Governor Jeb Bush
04/19/01 Circuit Court granted Stay of Execution.
Execution scheduled for Tuesday, October 23, 2008, at 6:00 p.m.
10/06/08 Florida Supreme Court stayed execution until Tuesday, November 18, 2008 to allow for brief filings.
11/13/08 Florida Supreme Court lifted stay of execution.
Execution scheduled for Wednesday, February 11, 2009, at 6:00 p.m.
The delay in execution of sentence may be attributed to the amount of time that it took to process the defendant’s federal Habeas petition, which was filed in 1989 and subsequently denied in 1998.
Case History:
Tompkins filed his Direct Appeal on 12/02/85. The Florida Supreme Court affirmed his conviction and sentence on 12/30/86. Tompkins challenged his conviction on four claims, the inappropriate admission of his confession to his cellmate, who was allegedly acting as a state agent, the Court violated the defendant’s right to cross-examine certain witnesses, the trial court erred in allowing the State to illicit certain testimony from the victim’s mother on redirect examination, and the argument that death qualified juries are unconstitutional. Tompkins additionally claimed that the trial court made six errors during the penalty phase. The Florida Supreme Court found no reversible errors and subsequently affirmed the conviction and sentence. Tompkins filed a Petition for Writ of Certiorari, which was denied on 06/26/87.
Tompkins simultaneously filed a Petition for Habeas Corpus in the Florida Supreme Court and a 3.850 Motion in State Circuit Court on 05/01/89. The trial court denied the motion on 05/22/89. Tompkins then filed an appeal of the Trial Court’s denial of the 3.850 motion to the Florida Supreme Court. In his 3.850 Motion, one of the nineteen claims that Tompkins raised was ineffective assistance of counsel. This argument encompassed five claims. The trial court found and the Supreme Court agreed that the trial attorney was deficient in investigating and presenting evidence of mitigation in the penalty phase. The trial court held that the mitigating evidence overlooked by the trial counsel would not have changed the outcome of the trial. On 09/14/89, the Florida Supreme Court denied the Habeas Petition and affirmed the Trial Court’s 3.850 denial.
Certiorari in the United States Supreme Court was denied on 02/20/90.
Tompkins filed a Petition for Habeas Corpus in The United State’s District Court on 12/11/89. This appeal remained pending in this court until 04/17/98 when the District Court denied the petition. Tompkins appealed this denial to the United States Court of Appeals on 09/30/98. The Court of Appeals affirmed the District Court’s denial on 10/29/99, and denied the motion for rehearing on 12/10/99. A Mandate was issued on 01/25/00.
Tompkins filed a Petition for Writ of Certiorari on 06/12/00 that was denied on 10/02/00.
Governor Jeb Bush signed a Death Warrant on 03/22/01.
Tompkins filed a 3.850 Motion in circuit court on 04/16/01. The court held a Huff hearing on 04/17/01. An Evidentiary hearing was held on 04/18/01.On 04/19/01 the court granted a Stay of Execution, and on 04/25/01 the court entered an Order granting, in part, and denying, in part, Tompkins motion and granting a new penalty phase.
Tompkins filed a 3.850 Appeal with the Florida Supreme Court on 07/27/02. On 10/09/03, the Florida Supreme Court affirmed the portion denying the 3.850 motion and reversed the portion granting a new penalty phase.
Tompkins filed 3.850 and 3.853 (DNA) motions in the circuit court on 02/05/03. Both motions were dismissed 08/22/03.
Tompkins filed a 3.853 (DNA) Appeal in the Florida Supreme Court on 10/24/04. On 01/20/05, the Florida Supreme Court affirmed the denial of Tompkins 3.853 Appeal and granted 60 days to re-file a successive motion.
Tompkins filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 03/26/04. He raised claims based on Wiggins v. Smith, Crawford v. Washington and Ring v. Arizona. The petition was denied on 12/21/04.
On 03/18/05, Tompkins filed a 3.850 Motion in the Circuit Court. The motion was denied on 10/05/05.
On 02/10/06, Tompkins filed a 3.850 Motion Appeal in the Florida Supreme Court. On 05/10/07, the FSC affirmed the denial of the motion. Tompkins’ Motion for Rehearing was denied 07/16/07. The Florida Supreme Court issued a mandate in this case on 08/02/07.
On 08/29/07, Tompkins filed a 3.851 Motion in the Circuit Court and an amended motion on 12/21/07. This motion was denied on 03/18/08. On 04/02/08, Tompkins filed a Motion for Rehearing in the Circuit Court; this motion was denied on 04/08/08.
On 10/15/07, Tompkins filed a petition for Writ of Certiorari in the United States Supreme Court. This petition was denied on 01/07/08.
On 05/29/08, Tompkins filed a 3.851 Appeal in the Florida Supreme Court. On 10/06/08, the Florida Supreme Court granted a stay of execution. On 11/07/08, the Florida Supreme Court affirmed the disposition of the lower court and entered a mandate in this case. On 11/13/08, the stay of execution was lifted.
On 10/15/08, Tompkins filed a 3.851 Motion in the State Circuit Court. This motion was denied on 10/21/08.
On 10/22/08, Tompkins filed a 3.851 Appeal in the Florida Supreme Court. On 11/07/08, the Florida Supreme Court affirmed the disposition of the lower court and entered a mandate in this case.
On 10/24/08, Tompkins filed a Petition to Invoke the Court’s All Writs Jurisdiction. On 11/07/08, the Florida Supreme Court denied this petition.
On 11/04/08, Tompkins filed a Habeas Petition in the United States District Court, Middle District. On 11/05/08, the Florida Department of Corrections filed a motion to dismiss this petition. On 11/07/08, the United States District Court dismissed this petition and on 11/10/08 entered an Amended Order dismissing this petition. On 11/19/08, Topkins filed a Motion to Alter or Amend, which was denied on 11/25/08.
On 02/09/09, Tompkins filed an All Writs Petition and an Application for Stay of Execution. On 02/11/09, the Florida Supreme Court denied the All Writs Petition and Application for Stay of Execution in a joint order combining these motions and the 3.853 Appeal.
On 02/10/09, Tompkins filed a 3.853 Appeal in the Florida Supreme Court. On 02/11/09, the Florida Supreme Court denied the 3.853 Appeal in a joint order combining this appeal with the All Writs Petition and the Stay of Execution.
On 02/11/09, Tompkins filed a Petition for Writ of Certiorari in the United States Supreme Court and an Application for Stay of Execution. These motion were denied on 02/11/09.
Report Date: 03/16/01 WHS
Updated: 07/29/04 EMC
Updated: 02/17/09 AEH