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.
FARR, Victor (W/M)
DC# 541170
DOB: 07/03/61
Third Judicial Circuit, Columbia County Case # 91-002
Sentencing Judge: The Honorable Royce Agner
Attorney, Trial: William Slaughter – Assistant Public Defender
Attorney, Direct Appeal: W.C. McLain – Assistant Public Defender
Attorney, Collateral Appeals: James Lohman – Registry
Date of Offense: 12/11/90
Date of Sentence: 05/13/91
Date of Resentence: 12/08/93
Circumstances of Offense:
On 12/11/90, Victor Farr attempted to kidnap and then shot two women outside a Lake City, Florida bar. He escaped by forcibly taking a car in which a man and woman were sitting. The man fled, but Farr managed to escape with the woman still in the car. Later, while being pursued by police officers, Farr deliberately crashed the car into a tree, attempting to kill both himself and his hostage. The woman was severely injured in the crash and subsequently died from the injuries, while Farr was only slightly injured.
Additional Information:
Farr entered into a plea agreement with the State in which he pled guilty to all twelve counts of the indictment and requested that the State ask for the death penalty, explaining that he wanted to die. After determining that Farr was capable of knowingly and voluntarily entering the plea and that he understood the consequences, the trial court accepted the plea. Farr waived his right to a jury for both the guilt and penalty phases of the trial. Farr was sentenced to death on 05/13/91, but this sentence was overturned by the FSC on 06/24/93. Farr was re-sentenced to death on 12/08/93, and this was affirmed by the FSC on 05/04/95.
On 07/12/96, Farr wrote a letter to Assistant Attorney General Richard Martell, indicating that he wanted to waive all postconviction appeals. The Florida Supreme Court (FSC) ordered that a waiver hearing be held in the trial court. After the 10/17/96 hearing, the trial court found that Farr had knowingly and voluntarily waived counsel and appeals.
On 11/18/96, Michael Minerva, former Capital Collateral Representative, sent a letter to the FSC, enclosing a letter that Minerva had received from Farr. In the letter, Farr requested that he be appointed counsel so that he could file postconviction appeals. The FSC granted Farr’s request.
Farr again requested to waive counsel and postconviction appeals and a waiver hearing was ordered by the FSC to be held in the trial court. On 10/03/97, after a waiver hearing, the court ruled that Farr had knowingly and voluntarily waived counsel and postconviction appeals. An appeal to the FSC was filed on 10/24/97.
On 12/10/98, the Capital Collateral Regional Counsel for the Middle Region of Florida (CCRC-M) received a letter from Farr requesting representation in pursuing postconviction appeals. On 12/11/98, John Moser, CCRC-M, filed a motion with the FSC to dismiss the appeal filed on 10/24/97. The motion was granted on 06/30/99.
Currently, Farr has postconviction counsel.
Trial Summary:
01/03/91 Indicted as follows:
Count I Grand Theft
Count II Attempted Armed Burglary
Count III Attempted Armed Robbery
Count IV Attempted Armed Kidnapping
Count V Attempted Armed Kidnapping
Count VI Attempted First-Degree Murder
Count VII Attempted First-Degree Murder
Count VIII Armed Burglary
Count IX Armed Kidnapping
Count X Armed Kidnapping
Count XI Armed Robbery
Count XII First-Degree Murder
04/02/91 Pled guilty to all counts of the indictment and waived jury recommendation for the guilt and penalty phase.
05/13/91 Sentenced as follows:
Count I Grand Theft – 5 years
Count II Attempted Armed Burglary – 15 years
Count III Attempted Armed Robbery – 15 years
Count IV Attempted Armed Kidnapping – 15 years
Count V Attempted Armed Kidnapping – 15 years
Count VI Attempted First-Degree Murder – 30 years
Count VII Attempted First-Degree Murder – 30 years
Count VIII Armed Burglary – Life imprisonment
Count IX Armed Kidnapping – Life imprisonment
Count X Armed Kidnapping – Life imprisonment
Count XI Armed Robbery – Life imprisonment
Count XII First-Degree Murder – Death
12/08/93 Resentenced to death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 77,925
621 So.2d 1368
05/14/91 Appeal filed
06/24/93 FSC affirmed the conviction, but vacated the death sentence
08/23/93 Rehearing denied
09/22/93 Mandate issued
Florida Supreme Court – Direct Appeal (after resentencing)
FSC# 82,894
656 So.2d 448
12/16/93 Appeal filed
05/04/95 FSC affirmed death sentence
06/21/95 Rehearing denied
07/21/95 Mandate issued
Circuit Court – Waiver of Counsel and Postconviction Appeals Hearing
CC# 91-002
10/17/96 Waiver hearing held – counsel and proceedings waived
Circuit Court – 3.850 Motion
CC# 91-002
04/02/97 Motion filed
07/15/97 Amended motion filed
10/03/97 Waived by defendant
Circuit Court – Waiver of Counsel and Postconviction Appeals Hearing
CC# 91-002
10/03/97 Waiver hearing held – counsel and proceedings waived
Florida Supreme Court – 3.850 Appeal (Waiver of Counsel)
FSC# 91,682
735 So.2d 1284
10/24/97 Appeal filed
06/30/99 Motion to dismiss appeal granted and appeal dismissed
Florida Supreme Court – Petition for Writ of Mandamus
FSC# 91,836
704 So.2d 520
11/18/97 Petition filed
12/31/97 FSC denied petition
Circuit Court – 3.850 Motion
CC# 91-002
12/21/04 Motion filed
06/03/05 Motion amended
05/19/08 Motion denied
06/02/08 Motion for rehearing
06/23/08 Rehearing denied
Florida Supreme Court – 3.850 Appeal
FSC# 08-1406
(Pending)
07/24/08 Appeal filed
05/28/10 FSC relinquished the case to the CC for 120 days
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 09-1010
(Pending)
06/15/09 Petition filed
Factors Contributing to the Delay in Imposition of Sentence:
The delay is due to Farr’s multiple requests to waive counsel and appeals and then requests to reinstate counsel and appeals have contributed to the delay.
Case Information:
On 05/14/91, Farr filed a Direct Appeal with the Florida Supreme Court, citing the following errors: failure to weigh all mitigating evidence in the court record, including the psychiatric evaluation and the pre-sentence investigation; and the finding of the aggravating circumstances (previous felony conviction; murder committed during a felony; hindering the enforcement of laws; and heinous, atrocious or cruel murder). On 06/24/93, the FSC affirmed the convictions, but vacated the death sentence due to the trial court’s failure to weigh all mitigating evidence.
On 12/16/93, Farr filed a Direct Appeal with the Florida Supreme Court which centered on the rejection of the case for mitigation. During resentencing, Farr took the witness stand and refuted and controverted the case for mitigation, and, according to the FSC, it is within the discretion of the trial court to reject opinion or factual evidence in mitigation where there is support for the conclusion that the evidence is untrustworthy. On 05/04/95, the FSC affirmed the death sentence.
On 10/17/96, a hearing to consider a motion to waive counsel and future postconviction proceedings was held in the circuit court. The court found that Farr had knowingly and intelligently waived both his counsel and future postconviction proceedings.
On 04/02/97, Farr filed a 3.850 Motion with the circuit court, which was amended on 07/15/97.
On 10/03/97, a hearing to consider a motion to waive counsel and future postconviction proceedings was held in the circuit court. The court found that Farr had knowingly and intelligently waived both his counsel and future postconviction proceedings.
On 10/24/97, Farr’s counsel filed an appeal of the circuit court’s decision with the Florida Supreme Court. The appeal was treated as a 3.850 Motion appeal; however, on 06/30/99, Farr’s motion to dismiss the appeal was granted and the appeal was dismissed.
On 11/18/97, Farr filed a Petition for Writ of Mandamus with the Florida Supreme Court that was denied on 12/31/97.
On 12/21/04, Farr filed a 3.850 motion with the circuit court, which was amended on 06/03/05. This motion was denied on 05/19/08.
On 07/24/08, Farr filed a 3.850 appeal with the Florida Supreme Court. On 05/28/10, the FSC relinquished the case to the Circuit Court for 120 days. This appeal is currently pending.
On 06/15/09, Farr filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court. The petition is pending.
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
07/12/96 0 BARTERING WITH OTHER UNION C. I.
09/26/00 0 DEFACING STATE PROP. UNION C. I.
11/05/01 60 DISORDERLY CONDUCT UNION C. I.
04/29/02 0 FIGHTING UNION C. I.
________________________________________________________________________
Report Date: 11/28/01 JFL
Approved: 12/05/01 WS
Updated: 08/10/10 KKR