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.

 

BELL, Michael (B/M)

DC #   108426

DOB: 11/24/70

 

Fourth Judicial Circuit, Duval County, Case #94-9776

Sentencing Judge: The Honorable R. Hudson Olliff

Trial Attorney: Ward L. Metzger – Assistant Public Defender

Attorney, Direct Appeal: W.C. McClain – Assistant Public Defender 

Attorney, Collateral Appeals: Christopher Anderson – Registry & Pro Se (Federal)

 

Dates of Offense:       12/09/93

Date of Sentence:       06/02/95

 

 

Circumstances of Offense:

 

Michael Bell was sentenced to two death sentences for the murders of Jimmy West and Tamecka Smith on 12/09/93.

 

Earlier in 1993, Michael Bell’s brother was killed by Theodore Wright.  The shooting was deemed as justifiable homicide because Wright claimed he fired in self-defense.  Bell vowed revenge for his brother’s death and swore to friends and family that he would kill Wright.

 

On the night of 12/09/93, Bell noticed Wright’s car in the area.  He gathered two of his friends and an AK-47 assault rifle he had purchased the day before, and returned to the area where he had previously spotted Wright’s car. Bell was unaware that Wright had sold the car to his half-brother Jimmy West.  Bell saw the car in the parking lot of a liquor lounge and waited for West to exit the club.  After a while, West, Smith, and another female left the lounge and started to enter the car.  Bell proceeded to the driver’s side of the car, opened the door, and fired at point-blank range.  West died immediately from 12 bullet wounds, and Smith died from four bullet wounds while in route to the hospital.  The other female managed to duck away from the spray of the bullets. 

 

Bell fired at a crowd of onlookers waiting outside the club before he fled to his aunt’s house.

 

 

Prior Incarceration History in Florida:  MICHAEL BELL DC# 108426

 

Offense Date

Offense

Sentence Date

County

Case #

Sentence

06/14/1987

GRAND THEFT MOTOR VEHICLE

07/28/1987

DUVAL

8705475

1Y 6M 0D

02/18/1988

COCAINE-POSSESS

04/27/1988

CLAY

8800222

1Y 1M 0D

09/25/1989

2ND DEG.MURD,DANGEROUS ACT

09/21/1995

DUVAL

9508789

25Y 0M 0D

09/25/1989

2ND DEG.MURD,DANGEROUS ACT

09/21/1995

DUVAL

9508789

25Y 0M 0D

01/05/1990

ROBBERY W/FIREARM OR D/WEAPON

05/07/1990

DUVAL

9000358

6Y 6M 0D

01/11/1990

COCAINE-SALE OR PURCHASE

05/07/1990

DUVAL

9000960

6Y 6M 0D

08/18/1993

2ND DEG.MURD,DANGEROUS ACT

09/21/1995

DUVAL

9504995

25Y 0M 0D

 

 

Circumstances of Additional Murder Convictions:

 

NOTE:           Bell was convicted of the following murders subsequent to the 12/09/93 murders for which he was convicted and sentenced to death.

 

On 09/25/89, Bell shot and killed Lashawn Cowart and her two-year-old son Travis.  The three were driving together when Bell stopped, exited the vehicle and opened fire on the mother and son.  Afterwards, an accomplice vehicle came and picked up Bell.

 

On 08/18/93, Bell shot and killed Michael Johnson, the boyfriend of Bell’s mother.  After the couple had an argument, Bell went to Johnson’s house and shot him to death on the front porch.

 

 

Trial Summary:

 

09/29/94          Defendant indicted on:

                                    Count I:           First-Degree Murder (Jimmy West)

                                    Count II:         First-Degree Murder (Tamecka Smith)

03/09/95          The jury found the defendant guilty on Counts I & II.

03/17/95          Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the death penalty on Counts I & II.

06/02/95          The defendant was sentenced as followed:

                                    Count I:           First-Degree Murder (Jimmy West) - Death

                                    Count II:         First-Degree Murder (Tamecka Smith) – Death

 

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC #86,094

699 So. 2d. 674

 

07/19/95          Appeal filed.

07/17/97          FSC affirmed the convictions and sentences of death.

09/17/97          Rehearing denied.

10/17/97          Mandate issued.

 

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

USSC #97-7044

522 U.S. 1123

 

12/08/97          Petition filed.

02/23/98          Petition denied.

 

State Circuit Court – 3.850 Motion

CC #94-9776

 

06/01/99          Motion filed.

01/13/00          Motion denied.

 

Florida Supreme Court – 3.850 Appeal

FSC #SC00-318

790 So. 2d 1101

 

01/28/00          Appeal filed.

04/26/01          FSC remanded to the State Circuit Court to allow the filing of an amended motion.

 

State Circuit Court – 3.850 Amended Motion (On Remand from FSC)

CC #94-9776

 

10/03/01          Amended motion filed.

05/31/02          Motion denied.

 

Florida Supreme Court – 3.850 Appeal

FSC #02-1765

965 So.2d 48

 

08/02/02          Appeal filed.

06/07/07          FSC affirmed the denial of the motion.

09/17/07          Mandate issued.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 05-610

965 So.2d 48

 

04/08/05          Petition filed.

06/07/07          FSC denied the petition.

09/17/07          Mandate issued.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC#07-6240

128 S. Ct. 535

 

08/28/07          Petition filed.

11/05/07          Petition denied.

 

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

USDC# 07-cv-00860

(Pending)

 

09/10/07          Petition filed.

01/15/09          State motion for summary judgment granted.

03/20/09          Certificate of appealability granted

10/25/10          Application for certificate of appealability

01/21/11          Certificate of appealability granted

 

United States Court of Appeals, 11th Circuit – Habeas Appeal

USCA# 09-10782

 

02/10/09          Notice of appeal; Application for certificate of appealability.

07/02/09          Appeal dismissed.

09/01/09          Appeal reinstated.

09/29/09          Granting of certificate of appealability by District Court vacated

 

State Circuit Court – 3.850 Motion

CC #94-9776

 

12/02/10          Motion filed.

02/28/11          Motion denied.

 

Florida Supreme Court – 3.850 Appeal

FSC# 11-694

 

04/11/11          Appeal filed.  

 

 

 

 

 

 

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

 

Bell’s 3.850 Motion Appeal was remanded to the Circuit Court for an amended motion. The 3.850 Motion Appeal was pending from 08/02/02 – 06/07/07. Additionally, Bell’s Habeas Petition has been pending in the United States District Court since 09/10/07

 

 

Case Information:

 

On 07/19/95, Michael Bell filed a Direct Appeal in the Florida Supreme Court.  In his appeal, Bell argued that his court-appointed counsel was incompetent and that the court failed to allow him to represent himself under Faretta v. California[1].  Bell also contended that the court falsely applied the cold, calculated and premeditated (CCP) aggravating factor and failed to recognize certain mitigating factors.  The Florida Supreme Court affirmed the convictions and sentences of death on 07/17/97.  The mandate was issued on 10/17/97.

 

On 12/08/97, Bell filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 02/23/98.

 

On 06/01/99, Bell filed a 3.850 Motion in the State Circuit Court.  That motion was denied on 01/13/00. 

 

Bell appealed the ruling on the 3.850 Motion in the Florida Supreme Court on 01/28/00.  The Florida Supreme Court remanded the case to the State Circuit Court on 04/26/01, allowing an amended motion to be filed.  An amended 3.850 motion was filed on 10/03/01, which was denied on 05/31/02.  Bell filed an appeal of that decision in the Florida Supreme Court on 08/02/02.  On 06/07/07, the Florida Supreme Court affirmed the denial of the motion on 06/07/07.  The mandate was issued on 09/17/07.

 

Bell filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 04/08/05 that was denied on 06/07/07.  The mandate was issued on 09/17/07.

 

Bell filed a Petition for Writ of Certiorari in the United States Supreme Court on 08/28/07 which was denied on 11/05/07.

 

On 09/10/07, Bell filed a Petition for Habeas Corpus in the United States District Court. On 01/15/09, the State’s motion for summary judgment was granted. Bell’s certificate of appealability was granted on 03/20/09.

 

Bell filed a habeas appeal in the United States Court of Appeals on 02/10/09. That appeal was dismissed on 07/02/09 and was reinstated on 09/01/09. On 09/29/09, the United States Court of Appeals vacated the District Court’s granting of certificate of appealabilty without prejudice against Bell’s future applications for certificate of appealability.

 

On 10/25/10, Bell again filed an application for certificate of appealabilty in the United States District Court which was granted on 01/21/11.

 

On 12/02/10, Bell filed a 3.850 motion in the Circuit court. That motion was denied on 02/28/11.

 

On 04/11/11, Bell filed an appeal of the denial of his 3.850 motion in the Florida Supreme Court. That appeal is pending.

 

Institutional Adjustment:  MICHAEL BELL DC #108426

 

DATE             DAYS             VIOLATION                                     LOCATION      

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

10/11/99          0                      MAIL VIOLATIONS                        UNION C. I.  

11/07/03          30                    POSS OF CONTRABAND               UNION C. I. 

03/20/05          60                    DISORDERLY CONDUCT              UNION C.I.  

 

                                  

Report Date:   11/19/01       ew

Approved:      11/19/01       ws

Updated:        04/14/11           jjk

 

 

 


[1] Under Faretta, a defendant is entitled to represent himself when he clearly expresses this desire to the judge and has been found competent to do so.