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.
HUNTER, James E. (B/M)
DC # 115624
DOB: 12/17/70
Seventh Judicial Circuit, Volusia County Case # 92-34170
Sentencing Judge: The Honorable Gayle Graziano
Trial Attorney: George Burden – Assistant Public Defender
Attorney, Direct Appeal: George Burden – Assistant Public Defender
Attorney, Collateral Appeals: Paul Kalil – CCRC-S
Date of Offense: 09/17/92
Date of Sentence: 08/18/93
Circumstances of the Offense:
James Hunter, Tammie Cowan, Cathy Woodward, Charles Anderson, Andre Smith, and Lee Lewis (a.k.a. Eric Boyd) drove to DeLand from St. Augustine on September 16, 1992. Cowan testified that Lewis and Anderson each carried black BB guns and Hunter had a silver handgun. They made a brief stop in DeLand to visit Smith’s mother. Cowan stopped the car at about 11:45 p.m. to let Anderson, Lewis, Smith, and Hunter out. Hunter robbed a man on the street at gunpoint. The four went back to the car to reunite with the others and Cowan drove them to Daytona Beach. After they departed for Daytona Beach, a “be on the lookout” (BOLO) message was circulated through the Volusia County area looking for the robbery suspects in a four-door gray car carrying at least five African-Americans, two of whom were female.
Hunter directed Cowan to drive to the Bethune-Cookman College area. Hunter instructed Cowan to stop the vehicle when he saw four young men outside of the “Munch Shop.” Hunter, Lewis, Smith, and Anderson exited the vehicle and walked towards the four men. Hunter was still carrying the firearm.
Hunter directed the men to “give it up” and he and his companions proceeded to rob the men at gunpoint. Hunter shot each of the men in turn while they were lying on the sidewalk face down. The last man to get shot, Wayne Simpson, died from his wound. Hunter and his companions fled the scene with the clothing and other possessions belonging to the victims. When they returned to the car, Hunter directed Cowan to leave and relayed to her that he fired the gun because a victim had attempted to flee. At 12:40am, Deputy Graves spotted a vehicle that matched the DeLand BOLO message. Deputy Graves pulled the car over and Cowan admitted that they had come from DeLand. The victim of the DeLand robbery was brought to the stopped car and identified Hunter as the robber. The victim also identified the vehicle as the one involved. Cowan consented to a police search of the vehicle where officers discovered items stolen from both robberies as well as the two BB guns. Investigators never recovered the gun used by Hunter in the robberies.
Codefendant Information:
Andre Smith is serving ten life sentences, Lee Lewis (a.k.a. Eric Boyd) is serving nine life sentences, and Charles Anderson is serving seven life sentences for their involvement in the robberies.
Additional Information:
At the time of sentencing for the current offenses, Hunter was also convicted and sentenced to life incarceration for Armed Robbery in DeLand on 09/16/92
(Case # 92-1236).
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Sentence Length |
|
10/02/88 |
Aggravated Battery with a Deadly Weapon |
03/22/89 |
Putnam |
3 Years 6 Months |
|
10/02/88 |
Shoot Missile into a Dwelling or Vehicle |
03/22/89 |
Putnam |
3 Years 6 Months |
Trial Summary
10/06/92 Defendant indicted with the following:
Count I: First-Degree Murder
Count II: Attempted First-Degree Murder
Count III: Attempted First-Degree Murder
Count IV: Attempted First-Degree Murder Count VI: Attempted Robbery with a Firearm
Count VII: Attempted Robbery with a Firearm
Count VIII: Attempted Robbery with a Firearm
08/06/93 Defendant was found guilty by the trial jury on all counts
08/13/93 The jury recommended Death by a vote of nine to three
08/18/93 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Attempted First-Degree Murder – life sentence
Count III: Attempted First-Degree Murder – life sentence
Count IV: Attempted First-Degree Murder – life sentence Count VI: Attempted Robbery with a Firearm – life sentence
Count VII: Attempted Robbery with a Firearm – life sentence
Count VIII: Attempted Robbery with a Firearm – life sentence
*Please note, sentences are to run consecutively
Appeal Summary:
Florida State Supreme Court – Direct Appeal
FSC #82,312
660 So. 2d 244
09/07/93 Appeal filed.
06/01/95 FSC affirmed convictions and sentences.
09/13/95 Rehearing denied.
10/13/95 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #95-7173
516 U.S. 1128
12/19/95 Petition filed.
02/20/96 USSC denied petition.
State Circuit Court – 3.850 Motion
CC #92-34170
03/31/97 Motion filed.
07/25/00 Motion denied.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #01-836
817 So. 2d 786
04/20/01 Petition filed.
04/04/02 Petition denied.
Florida Supreme Court – 3.850 Appeal
FSC #01-984
817 So. 2d 786
05/14/01 Appeal filed.
04/04/02 Affirmed trial court’s denial of motion.
U.S. District Court (Middle District) – Petition for Writ of Habeas Corpus
USDC #02-660
06/06/02 Petition filed.
06/16/04 Petition denied.
U.S. Court of Appeal (11th Circuit) – Petition for Writ of Habeas Corpus Appeal
USCA #04-13574
395 F. 3d 1196
07/15/04 Appeal filed.
01/04/05 USCA affirmed denial of petition.
03/09/05 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #04-10479
126 S. Ct. 120
05/31/05 Petition filed.
10/03/05 USSC denied petition.
State Circuit Court – 3.851 Motion
CC #92-34170
10/03/05 Motion filed.
01/11/06 Motion amended.
12/22/06 CC denied motion.
Florida Supreme Court – 3.851 Appeal
FSC# 07-161
01/29/07 Appeal filed.
09/25/08 Appeal denied.
United States Supreme Court – Petition for Writ of Certiorari
USSC# 08-10230
02/27/09 Petition filed.
10/05/09 Petition denied.
State Circuit Court – 3.850 Motion
CC #92-34170
06/01/09 Motion filed.
08/18/09 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC# 09-1748
09/21/09 Appeal filed
10/05/10 Appeal denied
Factors Contributing to the Delay in Imposition of Sentence:
A 3.850 Motion was pending from 03/31/97 – 07/25/00.
Case Information:
A Direct Appeal was filed with the Florida Supreme Court (FSC) on 09/07/93. Issues that were raised included whether the trial court erred in finding Hunter competent to stand trial and whether the trial court erred in allowing evidence from the stop and search of the vehicle to be admitted in court. Several mental-health and neurology experts examined Hunter and the trial court found Hunter competent to stand trial even though the expert testimony was conflicting. The Florida Supreme Court found all of the claims either without merit or harmless and affirmed the conviction and sentence of death on 06/01/95.
A Petition for Writ of Certiorari was filed on 12/19/95 and denied on 02/20/96.
A 3.850 motion was filed with the circuit court on 03/31/97 and denied on 07/25/00.
A 3.850 Appeal was filed with the FSC on 05/14/01, and the FSC affirmed the trial court’s denial of post-conviction relief on 04/04/02.
A Petition for Writ of Habeas Corpus was filed with the United States District Court on 06/06/02 and was denied on 06/16/04.
A Petition for Writ of Habeas Corpus Appeal was filed with the United States Court of Appeal on 07/15/04, and the denial of the petition was affirmed on 01/04/05.
A Petition for Writ of Certiorari was filed with the United States Supreme Court on 05/31/05 and was denied on 10/03/05.
A 3.851 Motion was filed with the Circuit Court on 10/03/05 and was amended on 01/11/06. On 12/22/06, the motion was denied.
A 3.851 Appeal was filed with the Florida Supreme Court on 01/29/07 that was denied 09/25/08.
A Petition for Writ of Certiorari was filed with the United States Supreme Court on 02/27/09. This petition was denied on 10/05/09.
A 3.850 Motion was filed with the Circuit Court on 6/01/09. This motion was denied on 8/18/09.
A 3.850 Appeal was filed with the Florida Supreme Court on 09/21/09. This appeal was denied on 10/05/10.
Institutional Adjustment:
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
04/19/94 0 DISOBEYING ORDER UNION C.I.-MED.FAC.
04/21/94 0 SPOKEN THREATS UNION C. I.
05/14/94 0 DISORDERLY CONDUCT UNION C. I.
06/21/95 0 DISOBEYING ORDER UNION C. I.
09/10/96 0 DISORDERLY CONDUCT UNION C.I.-MED.FAC.
12/01/96 0 DISOBEYING ORDER UNION C.I.-MED.FAC.
07/11/97 0 DISRESP.TO OFFICIALS UNION C.I.-MED.FAC.
04/07/00 30 LYING TO STAFF UNION C. I.
05/06/02 0 DISORDERLY CONDUCT UNION C. I.
11/07/03 30 POSS OF CONTRABAND UNION C. I.
Report Date: 01/31/02 cc
Approved: 02/13/02 ws
Updated: 10/07/10 CAR