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.
ROLLING, Danny Harold (W/M)
DC# 521178
DOB: 05/26/54
Eighth Judicial Circuit, Alachua County, Case # 91-3832
Sentencing Judge: The Honorable Stanley R. Morris
Attorney, Trial: C. Richard Parker
Attorney, Direct Appeal: Nada Carey – Assistant Public Defender
Attorney, Collateral Appeals: Baya Harrison – Registry
Dates of Offenses: 08/23/90
08/25/90
08/27/90
Date of Sentence: 04/20/94
Circumstances of Offense:
On August 24, 1990, in Gainesville, Florida, the subject armed with an automatic pistol and a knife, broke into the apartment of two female college students, Sonya Larson and Christina Powell.
The subject discovered Ms. Powell sleeping on the couch downstairs. He then went upstairs and attacked Ms. Larson while she was sleeping. The subject taped her mouth closed with duct tape and then stabbed her to death. He then proceeded downstairs where he attacked Ms. Powell. The subject then sexually battered her and stabbed her five times on her back causing her death. He posed both victims and exited the apartment.
On August 25, 1990, the subject broke into the apartment of Christa Hoyt, a female college student, by prying open the sliding glass door with a screwdriver. The subject had previously observed the victim through her window the day before. Armed with his gun and his knife, the subject then waited for the victim to arrive home. When the victim arrived home at approximately 11:00 a.m., the subject surprised her and placed her in a chokehold to subdue her. The subject then taped her mouth shut and led her into the bedroom where, after cutting and tearing off her undergarments, he sexually battered her. The subject then stabbed her in the back and the knife penetrated her heart. The subject decapitated the victim and positioned her head on a bookshelf in the apartment.
On August 27, 1990, the subject entered a third apartment occupied by college roommates Manuel Taboada and Tracy Paules by prying open their sliding glass door with a screwdriver. Armed once again with the pistol and knife, the subject entered the bedroom of Mr. Taboada and attacked him in his sleep stabbing him in excess of 30 times. Ms. Paules, hearing the struggle, approached her roommate’s bedroom where she observed the subject attacking Mr. Taboada. She fled to her room and attempted to lock her door. The subject followed the victim to her bedroom and broke through the door. The subject taped Ms. Paules’ mouth and hands and tore off her shirt. He sexually battered her and then killed her by stabbing her three times in the back.
Additional Information:
Incarceration History:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence |
|
09/07/90 |
ROBBERY W/FIREARM OR D/WEAPON |
09/18/91 |
MARION |
9002111 |
LIFE |
|
09/07/90 |
POSS.FIREARM BY FELON |
09/18/91 |
MARION |
9002111 |
15 Years |
|
09/02/90 |
ROBBERY W/FIREARM OR D/WEAPON |
10/18/91 |
HILLSBOROUGH |
9101932 |
LIFE |
|
09/02/90 |
ROBBERY W/FIREARM OR D/WEAPON |
10/18/91 |
HILLSBOROUGH |
9101932 |
LIFE |
|
09/02/90 |
ROBBERY W/FIREARM OR D/WEAPON |
10/18/91 |
HILLSBOROUGH |
9101932 |
LIFE |
|
09/02/90 |
ROBBERY W/FIREARM OR D/WEAPON(ATTEMPTED) |
10/18/91 |
HILLSBOROUGH |
9101932 |
30 Years |
|
09/02/90 |
AGG.ASSLT/LAW ENF/FIREFGT/INTK |
10/18/91 |
HILLSBOROUGH |
9101932 |
30 Years |
|
09/02/90 |
AGG.ASSLT/LAW ENF/FIREFGT/INTK |
10/18/91 |
HILLSBOROUGH |
9101932 |
30 Years |
|
09/07/90 |
BURG/DWELL/OCCUP.CONVEY |
10/18/91 |
HILLSBOROUGH |
9014200 |
30 Years |
|
09/07/90 |
GRAND THEFT MOTOR VEHICLE |
10/18/91 |
HILLSBOROUGH |
9014200 |
10 Years |
|
09/02/90 |
BURG/DWELL/OCCUP.CONVEY |
10/18/91 |
HILLSBOROUGH |
9105620 |
30 Years |
|
09/01/90 |
GRAND THEFT,$300 LESS &20,000 |
10/18/91 |
HILLSBOROUGH |
9105621 |
10 Years |
Trial Summary:
09/07/90 Booked into the Marion County Jail for unrelated charge (Case #90-21111)
11/15/91 Indicted by the Grand Jury
06/09/92 Written plea of “not guilty” filed
07/02/92 Motion to dismiss Grand Jury indictments
08/19/92 Court denied Motion to Dismiss Grand Jury indictments
02/15/94 Petition to enter a plea of Guilty filed
02/15/94 Plea accepted by the Court, defendant adjudicated guilty on all counts
03/24/94 Jury by a 12-0 vote, recommended the death penalty
04/20/94 Rolling was sentenced as follows: Case #91-3832
Count I: First Degree Murder – Death
Count II: First Degree Murder – Death
Count III: First Degree Murder – Death
Count IV: First Degree Murder – Death
Count V: First Degree Murder – Death
Count VI: Sexual Battery – Life – 682 days credit time served
Count VII: Sexual Battery – Life – 682 days credit time served
Count VIII: Sexual Battery – Life – 682 days credit time served
Count IX: Armed Burglary of a Dwelling with a Battery – Life – 682 days credit time served; concurrent with Count VI
Count X: Armed Burglary of a Dwelling with a Battery – Life – 682 days credit time served; concurrent with Count VII consecutive to Counts VI and IX
Count XI: Armed Burglary of a Dwelling with a Battery – Life – 682 days credit time served; concurrent with Count VIII and consecutive to Counts VII and X, consecutive to any active sentence
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #83,638
695 So. 2d. 297
05/04/94 Appeal filed.
03/20/97 Florida Supreme Court affirmed the convictions and sentences of death.
06/12/97 Motion for Rehearing denied.
07/14/97 Mandate Issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #97-5975
522 U.S. 984
09/10/97 Petition filed.
11/17/97 USSC denied Petition.
State Circuit Court – 3.850 Motion
Circuit Court #91-3832
11/13/98 Motion filed.
03/05/01 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC #01-625
825 So.2d 293
03/20/01 Appeal filed.
06/27/02 FSC affirmed the trial court’s denial of the 3.850 Motion.
08/23/02 Rehearing denied.
09/23/02 Mandate issued.
United States District Court, Northern District – Petition for Writ of Habeas Corpus
USDC #02CV98
08/26/02 Petition filed.
07/01/05 Petition denied.
United States Court of Appeals, 11th Circuit – Habeas Corpus Appeal
USCA# 05-14252
08/01/05 Appeal filed.
02/09/06 USCA affirmed the denial of the habeas petition.
03/13/06 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC# 05-10877
05/09/06 Petition filed.
06/26/06 USSC denied the petition.
Circuit Court – 3.851 Motion
CC# 91-3832
10/04/06 Motion filed.
10/09/06 CC denied motion.
Florida Supreme Court – 3.851 Motion Appeal
FSC# 06-1966
10/10/06 Appeal filed.
10/18/06 FSC affirmed denial of motion.
U.S. Supreme Court – Petition for Writ of Certiorari & Stay of Execution
USSC# 06-7284
(Pending)
10/23/06 Petition filed.
Warrants:
09/22/06 Governor Bush signed a death warrant. Execution scheduled for 10/25/06.
10/25/06 Executed.
Clemency:
Baya Harrison was appointed to represent the defendant in all clemency proceedings.
Case Information:
Rolling filed his Direct Appeal in the Florida Supreme Court on 05/04/94. On 03/20/97, the Florida Supreme Court affirmed Rolling’s convictions and sentences of death. Rolling raised on Direct Appeal six claims of error asserting that the trial court; abused its discretion in denying change of venue, erred in denying the motion to suppress the defendant’s statements that were made without counsel, erred in denying his motion to sever each case and hold three separate sentencing hearings, erred in denying Rolling’s motion to suppress physical evidence confiscated at his camp without a warrant, erred in considering the murder of Sonja Larson as heinous atrocious and cruel and finding that to be an aggravating factor, giving improper jury instruction regarding the HAC rule. The Florida Supreme Court denied relief and affirmed Rolling’s sentence of death. Justice Anstead concurred on all claims, with the exception of the change of venue. He provided a written dissenting opinion, stating that Rolling was entitled to a change of venue.
On 09/10/97, a Petition for Writ of Certiorari was filed in the United States Supreme Court, which was denied on 11/17/97.
On 11/13/98, Rolling filed a 3.850 Motion in the State Circuit Court. Rolling argued he is entitled to a new penalty phase due to ineffective assistance of trial counsel, for failing to request a change of venue within the appropriate time frame. The change of venue motion was filed on the 6th day of jury selection after Rolling had pled guilty to all of the charges. The trial court denied this motion due to the late filing date and the proceedings were held in the county where the offenses occurred. Rolling’s counsel argued that due to the error of the defendant’s trial counsel, it was impossible for him to obtain a fair sentence due to the prejudicial and inflamed nature of the community. The Court held a Huff hearing on 12/01/99. Judge Morris subsequently denied the 3.850 Motion on 03/05/01. Rolling appealed the trial court’s 3.850 denial to the Florida Supreme Court on 03/20/01.
On 06/27/02, the Florida Supreme Court affirmed the trial court’s denial of the 3.850.
On 08/26/02, Rolling filed a Petition for Writ of Habeas Corpus in the United States District Court, which was denied on 07/01/05.
Rolling filed a Habeas Appeal in the United States Court of Appeals, 11th Circuit on 08/01/05. On 02/09/06, the USCA affirmed the denial of Rolling’s petition for writ of habeas corpus.
On 05/09/06, Rolling filed a Petition for Writ of Certiorari in the United States Supreme Court that was denied on 06/26/06.
On 09/22/06, Governor Bush signed a death warrant for Rolling, and the execution is scheduled for 10/25/06.
Rolling filed a 3.851 Motion in the Circuit Court on 10/04/06 that was denied on 10/09/06.
Rolling filed a 3.851 Motion Appeal in the Florida Supreme Court on 10/10/06, citing claims of using the cruel and unusual punishment of lethal injection, violating free speech, and failing to determine that the ABA report finding errors in Florida’s death penalty is new evidence. On 10/18/06, the FSC affirmed the denial of the motion.
Rolling filed a Petition for Writ of Certiorari and Stay of Execution in the U.S. Supreme Court on 10/23/06 that was denied on 10/25/06.
Rolling was executed on 10/25/06.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
05/03/94 10 POSS OF CONTRABAND FSP
06/29/00 0 UNARMED ASSAULT FSP
01/15/02 90 UNARMED ASSAULT UNION C. I.
08/11/03 30 FIGHTING UNION C. I.
Report Date 02/22/01 – WHS
Updated 10/25/06 – JFL