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.
HAMILTON, Richard (W/M)
Third Judicial Circuit, Hamilton County Case # 94-150
(Venue changed to Clay County)
Sentencing Judge: The Honorable E. Vernon Douglas
Attorney, Trial: Jimmy E. Hunt & David M. Valin – Assistant Public Defender
Attorney, Direct Appeal: David A. Davis – Assistant Public Defender
Attorney, Collateral Appeals: George W. Blow, III – Registry
Date of Offense: 04/27/94
Date of Sentence: 06/12/95
Circumstances of Offense:
Richard Hamilton and Anthony Wainwright escaped from a North Carolina prison, stole guns and a Cadillac, and traveled to Florida. When the car overheated on 04/27/94 in Lake City, FL, they kidnapped Carmen Gayheart at gunpoint from a Winn-Dixie parking lot and stole her Ford Bronco. The two raped, strangled, and shot Gayheart twice in the back of the head.
Wainwright was also convicted of the charges and sentenced to death.
07/15/94 Indicted on the following counts:
Count I First-Degree Murder
Count II Armed robbery
Count III Armed kidnapping
Count IV Armed sexual battery
08/12/94 Entered not guilty plea
05/30/95 Jury returned guilty verdict on all counts
06/01/95 By a vote of 10-2, jury recommended death sentence
06/12/95 Sentenced as follows:
Count I First-Degree Murder – Death
Counts II-IV Life Imprisonment
Florida Supreme Court – Direct Appeal
703 So.2d 1038
07/10/95 Appeal filed
10/23/97 FSC affirmed conviction and sentence
01/08/98 Rehearing denied
02/09/98 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
524 U.S. 956
04/07/98 Petition filed
06/26/98 USSC denied Petition
Circuit Court – 3.850 Motion
11/08/99 Motion filed
05/29/02 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
875 So.2d 586
06/28/02 Appeal filed
06/03/04 FSC affirmed denial of 3.850 Motion
08/26/04 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
875 So.2d 586
11/12/02 Petition filed
11/27/02 Petition amended
06/03/04 FSC denied Petition
08/26/04 Mandate issued
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
08/26/05 Petition filed
06/20/07 Amended petition filed
07/07/08 Petition denied
United States Court of Appeals, 11th Circuit – Habeas Appeal
10/06/08 Appeal filed
Factors Contributing to the Delay in Imposition of Sentence:
The Direct Appeal was pending from 07/10/95 to 02/09/98.
On 07/10/95, Hamilton filed a Direct Appeal with the Florida Supreme Court, citing the following nine errors: denying a mistrial, allowing the State to impeach its own witnesses, allowing the State to elicit testimony indicating Hamilton lied to the police, refusing to instruct the jury that Hamilton withdrew from the plan to commit murder, overruling defense objections to prosecutorial statements, admitting testimony concerning the victim’s children, admitting several statements obtained in violation of his right to cut off police questioning, admitting evidence which the State had failed to prove, giving unconstitutional jury instruction on an aggravating circumstance (CCP). The FSC affirmed the conviction and sentence of Hamilton on 10/23/97.
On 04/07/98, Hamilton filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 06/26/98
On 11/08/99, Hamilton filed a 3.850 Motion with the Circuit Court and amended the Motion on 06/30/00. The Motion was denied on 05/29/02.
On 06/28/02, Hamilton filed a 3.850 Motion Appeal with the Florida Supreme Court, alleging ineffective assistance of counsel. On 06/03/04, the FSC affirmed the denial of the 3.850 Motion.
On 11/12/02, Hamilton filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court. On 11/27/02, he amended the Petition, alleging ineffective assistance of counsel and Ring issues. On 06/03/04, the FSC denied the Petition.
On 08/26/05, Hamilton filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District that was amended on 06/20/07. This petition was denied on 07/07/08.
On 10/06/08, Hamilton filed a Habeas Appeal with the United States Court of Appeals, 11th Circuit. This appeal was denied on 12/15/10.
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
04/27/96 0 DEST. OF ST. PROP. FLORIDA STATE PRISON
08/05/98 60 DISOBEYING ORDER CENTRAL OFFICE
Report Date: 09/06/01 JFL
Approved: 10/22/01 WS
Updated: 02/08/11 KLH