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.

 

TURNER, William (B/M)

DC # 099865

DOB: 07/02/45

 

Fourth Judicial Circuit, Duval County, Case #84-6504

Sentencing Judge: The Honorable John D. Southwood

Attorney, Criminal Trial: Henry Coxe, III

Attorney, Direct Appeal: Clyde M. Collins, Jr.

Attorney, Collateral Appeals: James Lohman – Registry

 

Date of Offense: 07/03/84

Date of Sentence: 11/01/85

 

Circumstances of Offense:

 

William Turner was convicted and sentenced to death for the murder of his wife, Shirley Turner, and her roommate, Joyce Brown.

 

In the early morning hours of 07/03/84, William Turner broke into the home of his estranged wife, Shirley Turner, and stabbed her twenty-two times in front of their daughter Anetra.  Joyce Brown, Shirley’s roommate, fled the scene in search of help.  William Turner tracked her down and cornered Joyce in a telephone booth where she was attempting to call 911.  Despite her pleas, Turner stabbed her fifty-one times, repeatedly shouting, “You’re the one!”

 

William Turner reportedly believed that his wife and Joyce Brown were involved in a lesbian relationship, and he blamed Joyce for stealing his wife and family.  Turner also reportedly believed that his wife was a prostitute.

 

Trial Summary:

 

07/03/84          Defendant arrested.

07/18/84          Defendant indicted on the following:

Count I:           First-Degree-Murder (Shirley Turner)

Count II:         First-Degree-Murder (Joyce Brown)

08/17/84          The defendant entered a plea of “not guilty”.

08/16/85          The trial jury found the defendant guilty of Counts I & II, as charged in the indictment.

08/23/85          Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the death penalty for the murder of Joyce Brown.  The jury recommended life imprisonment for the murder of Shirley Turner.

11/01/85          The defendant was sentenced as followed:

Count I:           First-Degree Murder (Shirley Turner) – Life

                                    Count II:         First-Degree Murder (Joyce Brown) – Death

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC #67,987

530 So. 2d 45

 

12/05/85          Appeal filed.

05/14/87          FSC relinquished jurisdiction to the trial court for an evidentiary hearing

  on the issue of Turner’s absence during key parts of the trial.

07/07/88          FSC affirmed the convictions and sentence of death.

09/22/88          Rehearing denied.

10/25/88          Mandate issued.

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #88-6101

489 U.S. 1040

 

11/22/88          Petition filed.

02/21/89          Petition denied.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #75,848

614 So. 2d 1075

 

04/16/90          Limited petition filed.

10/15/90          Amended petition filed.

12/24/92          Petition denied.

03/25/93          Mandate issued.

 

State Circuit Court – 3.850 Motion

CC #84-6504

 

10/15/90          Motion filed.

11/06/90          Motion denied.

 

Florida Supreme Court – 3.850 Appeal

FSC #77,062

614 So. 2d 1075

 

12/11/90          Appeal filed.

12/24/92          FSC affirmed the denial of Turner’s 3.850 Motion.

03/25/93          Rehearing denied.

03/25/93          Mandate issued.

 

U.S. District Court, Middle District – Petition for Writ of Habeas Corpus

USDC #93-1057

 

07/19/93          Petition filed.

06/26/02          Petition denied.

 

U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal

USCA #02-14941

339 F.3d 1247

 

09/09/02          Appeal filed.

07/29/03          USCA affirmed denial of petition.

 

Circuit Court – 3.851 Motion

CC #84-6504

 

12/20/02          Motion filed.

05/02/03          CC dismissed motion without prejudice.

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 03-9251

541 U.S. 1034

 

03/05/04          Petition filed.

05/03/04          USSC denied petition.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 03-1857

880 So.2d 1213

 

10/24/03          Petition filed.

05/04/04          Petition denied.

07/23/04          Rehearing denied.

 

State Circuit Court – 3.203 Motion

CC #84-6504

 

11/30/04          Motion filed.

08/21/06          Motion amended.

06/26/08          Circuit Court 3.203 proceedings stayed pending FSC review

09/14/09          Motion denied

 

Florida Supreme Court – Petition for Review of Non-final Order (3.203 Motion)

FSC# 08-1197

4 So.3d 677

 

06/25/08          Petition filed and Motion to Stay Circuit Court 3.203 proceedings filed

06/26/08          Circuit Court 3.203 proceedings stayed pending FSC review

02/09/09          Disposition reversed and remanded to the State Circuit Court

 

Florida Supreme Court – 3.203 Appeal

FSC# 09-1957

46 So.3d 568

 

10/19/09          Appeal filed

09/28/10            FSC affirmed the disposition of the lower court

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 10-847

 

12/27/10            Petition filed

02/28/11            Petition denied

 

State Circuit Court – 3.851 Motion

CC# 84-6504

 

11/30/10            Motion filed

04/11/11            Motion denied

 

Warrants:

 

03/29/90          Death warrant signed by Governor Bob Martinez.

05/30/90          Execution scheduled.

04/26/90          Stay granted by the Florida Supreme Court to allow for time to file motions for postconviction relief.

 

Clemency:

 

04/12/89          Clemency hearing held (denied).

 

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

 

The biggest source of delay in Turner’s case was his Petition for Writ of Habeas Corpus filed in the United States District Court, Middle District, which was pending for nearly nine years.


Case Information:

 

On 12/05/85, William Turner filed a Direct Appeal in the Florida Supreme Court appealing his convictions and sentence of death.  In that appeal, he argued that he was involuntarily absent during crucial portions of his trial proceedings (voir dire & jury charge) or waived his presence during the proceedings.  The Florida Supreme Court relinquished jurisdiction over the case and remanded to the trial court to determine whether there was validity to Turner’s claims.  The trial court found that Turner enjoyed “meaningful participation” in the jury challenge process and that he was not deprived of due process.  The Florida Supreme Court found, however, that Turner did not voluntarily waive his right to be present in the jury room during the challenge because he did not have intelligent knowledge of such a right.  Nonetheless, the court determined the error to be harmless.  In regard to Turner’s claim that he was also involuntarily absent during the jury charge, the court found that the record showed that Turner knowingly acquiesced to his counsel’s waiver of his right to be present.  In his Direct Appeal, Turner additionally argued that the trial court erred in allowing an audiotape of Joyce Brown’s 911-telephone call to be admitted as evidence.  Turner also claimed that the trial court erred in its application of aggravating circumstances.  The Florida Supreme Court affirmed Turner’s convictions and sentence on 07/07/88.

 

Turner then filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 02/21/89.

 

On 03/29/90, Governor Bob Martinez signed a death warrant for Turner.  He then filed a Stay of Execution and a limited Petition for Writ of Habeas Corpus.  The Florida Supreme Court granted the stay, after which Turner filed an amended Petition for Writ of Habeas Corpus.  In that petition, Turner argued the consideration of the contemporaneous murder of his wife as a “prior violent felony” aggravating circumstance.  He also claimed ineffective assistance of counsel.  The Habeas Petition was denied on 12/24/92.

 

Turner next filed a 3.850 Motion in the State Circuit Court, which was subsequently denied without an evidentiary hearing.  Turner then filed an appeal of that decision in the Florida Supreme Court.  The high court affirmed the denial of Turner’s 3.850 Motion on 12/24/92.

 

On 07/19/93, Turner filed a Federal Petition for Writ of Habeas Corpus in the United States District Court, Middle District, which was denied on 06/26/02.

 

On 09/09/02, Turner filed a Petition for Writ of Habeas Corpus Appeal in the United States Court of Appeal, 11th Circuit.  On 07/29/03, the USCA affirmed the denial of the petition.

 

On 12/20/02, Turner filed a 3.851 Motion in the Circuit Court that was dismissed without prejudice on 05/02/03.

 

Turner filed a Petition for Writ of Certiorari in the United States Supreme Court on 03/05/04 that was denied on 05/03/04.

 

Turner filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 10/24/03.  The petition was denied on 05/04/04.

 

On 11/30/04, Turner filed a 3.203 Motion in the State Circuit Court that was amended on 08/21/06.  As of 06/26/08, the motion is stayed pending resolution of Florida Supreme Court review.  On 02/09/09, the Florida Supreme Court reversed the State Circuit Court’s disposition and remanded for a new hearing. A new hearing was held, and the motion was denied on 09/14/09.        

 

On 06/25/08, Turned filed, in the Florida Supreme Court, a Petition for Review of Non-final Order of the 3.203 Motion pending in the Circuit Court and a Motion to stay the proceedings in the Circuit Court.  On 06/26/08, the Florida Supreme Court ordered a stay of proceedings for the pending 3.203 Motion in the Circuit Court.  On 02/09/09, the Florida Supreme Court reversed the lower court’s disposition and remanded for a new hearing in the 3.203 Motion. No mandate will be issued.

 

Turner filed a 3.203 Appeal in the Florida Supreme Court on 10/19/09. The FSC affirmed the denial of the motion on 09/28/10.

 

On 12/27/10, Turner filed a Petition for Writ of Certiorari in the United States Supreme Court. This petition was denied on 02/28/11.

 

On 11/30/10, Turner filed a 3.851 Motion in the State Circuit Court. This motion was denied on 04/11/11.

 

Institutional Adjustment:

 

 

DATE             DAYS                   VIOLATION                                      LOCATION     

--------              ----                   ----------------------------                       -------------------

06/20/00          180                  UNARMED ASSAULT                            UNION C. I.       

 

 

________________________________________________________________________

 

Written:           04/12/02          EW

Approved:       04/15/02          ES

Updated:         05/16/11          EMJ